You can pay the basic salary in lieu of notice and resign

See you may offer to pay salary for complete notice period company may agree on same also, since it's discretion of company as per agreement same cannot be challenged therefore you have to bargain on the settlement amount for speedy and smooth closure of matter.

Appointment letter clearly provides you can pay salary in lieu of shortfall in notice period 

2) however if there are pending deliverables you would have to serve 90 days notice period 

3) if your new employer wants a relieving letter from your early employer seek extension of time for  joining if company refuses to accept salary in lieu of notice period 

1. Buying out the notice period or waiver thereof is entirely at the discretion of the employer unless there is clause to the contrary in the contract itself.

2. The language of the clause extracted by you gives you the liberty to serve the notice period or purchase it. If there are pending deliverables then employer has the discretion to enforce the notice period.

Typically the notice period can be waived ”in lieu of” pay deduction. ... The Specific Relief Act says that a Contract of Personal Service cannot be enforced in a Court of Law which means that if an employee quits before the Notice period the Employer can only recover the Notice pay.

The signed and   stamped ” Letter of Appointment” between and employer and employee is a legally valid document in the court of law. If an appointment letter clearly spells out the conditions of termination and notice, and the employee signs the document, then he/she must abide by the terms. However, most organization have a condition of ”lieu of”. Typically the notice period can be waived ”in lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. There are always exceptions but no ethical   organization can force an employee to serve the notice unless there is a pressing business need or ”notice pay” refusal from employee or monetary advances provided to the employee.

You can pay salary in lieu of notice period 

2) company can insist you Serve 90  days notice period if there is pending deliverables 

There is no way that the company can force you to serve the full notice period.

If the company refuses to accept your resignation in person/writing send it to the company via email at the same time. The company should be ready to adjust the leave against the notice period if you have earned leaves accumulated.

The clause in the employment agreement usually states "ninety days’ written notice or three (3) months’ gross salary in lieu thereof". Therefore if you are willing to pay the company should not raise any objections.

Put in your resignation serving your preferable days of notice and be prepared to return all the company properties or assets that are in your case and custody at the end of this period.

Where there is rule there is a punishment for the breach of the law, you can breach the contract by paying the damages to the management. However, the management has no right to retain even after payment of the damages as per the agreement. Thereafter, you should issue a written notice to the management by communicating about further development and requesting your relieving letter.

If the new employer has no problems with your not getting a relieving letter or experience letter then you may just join the new employer after the required days of notice in the current company. The company can not act against you in law.

If your employer intentionally dragging your case to issue relieving letter than you can approach the labour court or the tribunal by issuing lawyer notice to the Management, HR and Reporting Manager.

See you can talk to management can offer the salary though as per the agreement wordings the authority with company to accept or not salary in lieu of remaining period.

Further if new company is ready to accept your employment without reliving letter then you can join and in case any notice is issued you can contest same.

Employee cannot be force to serve notice period and can resign forthwith. You can offer payment to buy  NP.

Employer may not agree. So for relieving letter, you can complain to labour commissioner.

Yes the clause authorises you to leave by paying 3 months salary they cant stop you. 

 - As per Specific Relief Act , if any employee quits before the notice period ,the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.

- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leave without serving contractual notice. 

- Except, recovery of the said amount , company cannot harm you for the same.

- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.

- Hence, better serve the notice period only , and tender your written resignation with the request of issue experience certificate/Relieve letter.

1. This clause can bound you to serve complete notice period if you have some pending projects on your name. 

2. You send a written letter or email to HR for early relieving and you are ready to pay salary for remaining period.

3. You can leave company after 45 days if new employer is ready to take you without relieving letter. And later you can settle the dues with current employer.

You can leave the job by either giving notice or payment in lieu of notice. 

The Company cannot force you to serve the entire notice period.. 

In General emoye should serve 30 days notice period atleast so that company can arrange your substitute and also you can handover your responsibility so as to leave company on a good note.

1.Your Company is acting illegally.

2. First of all negotiate with your new Company and explain them that your present Company is creating illegal problem and may not issue release letter to you and  ensure that they allow you to join without demanding for the release letter.

3. If they agree, then send the basic salary to the Company's account by RTGS in lieu of the balance notice period.  Hope you have already send the resignation letter. Send them a fresh letter informing that you have already paid the amount of salary for the balance notice period as per your employment contract and ask for the release order to be issued on the date of your last working with the said company.

4. Thereafter join the new company showing all the papers to prove that you have complied with all the resignation requirements of the Company who has refused to issue you the release letter.