It is at discretion of company to waive notice period 

serve notice period and take experience letter from company 

3 months notice period cannot be forced..

So file a petition under employee protection in civil court 

Dear Sir,

You are the best judge to have information about the unfinished tasks, projects on hand, work in progress etc. and whether your presence/service is must in the company. If you feel that you are not required in the company for the said works, you may serve the legal notice for early release from the company on receipt of notice pay as per law. 

If you don’t need experience and relieving letter pay 3 months salary and leave the organisation 

If you want to exit than yes it is possible 

You can pay the basic salary and get rid of the said notice period. You can't be compelled to serve the notice period

If you want to leave the company then you may do so. If their are no consequences for not adhering to the notice period norms they cannot sue you.

Yes it is possible but if there are no penalties attached then why would you bother even to pay. 

Yes it is possible but if there are no penalties attached then why would you bother even to pay. 

Hello, 

1. As there's an option to pay three months salary in lieu of notice, you can resign without notice/ serving 3 month's notice. As the new company is willing to buy it out, you must go ahead. 
2. No company has the right to withhold your release from employment as you have the right to employment. 

1. Since acceptance of buy out of your notice service depends upon the employer, you can not as a matter of right claim it.

2. So your first line of action is to put this offer. If the employer doesn't accept this and if your future employer doesn't require your release letter then you can simply leave the company. 

3. Though the employer has the option of filing a suit for damages, considering the time and costs involved its very unlikely. 

1. Within the sweep of the clause if payment in lieu of notice is offered by the employee then it shall be the discretion of the employer to accept or reject it.

2. The employer may reject acceptance of payment in lieu of notice offered by the employee, and require the latter to work during the notice period.

3. If you leave the company without completing the notice period then you can be sued for damages on account of breach of contractual obligations.

1. If the Company has given you specialised training or you were sent abroad incurring expenses by the Company, then only the Company can force an employee to serve the notice period.

2. Inspite of your willingness to pay 3 months' basic pay in confirmity with the Company Policy/ clauses in the offer letter, if the Company is not willing to accept your resignation, then it amounts to bonded labour and you are treated as a bonded labourer.

3. Send a legal notice to the Company to forthwith relieve you from the services of the Company.

1. Typical option & clauses of Notice Pay period for an Employee can be classified as follows, for purposes of legalities:

a) Give 3 months Notice and serve for 3 months & Quit

b) Give 3 Months Notice and PAY 3 months salary & quit

2. There are no other options for "employee" other than above, from legal perspective.

1. You may offer payment in lieu of notice period, though accepting same is discretion of the company. If company is not accepting the payment you have to serve the notice.

See if your current employer is not accepting buyout then you cannot pay in lieu of notice period to get proper reliving and documents. If you exit without proper relieving letter company will not give experience letter and reliving and also can serve you with legal notice.

If you are not interested to service notice period, pay salary in lieu of notice period and ask for relieving you by giving no due, experience certificate & relieving letter with F&F Settlement

If company is forcing you to serve notice period, serve notice period, thereafter, take no due, experience certificate and relieving letter with F&F Settlement.

It is the company's discretion to accept salary in lieu of notice period or force you to serve notice period.

Why Not ?

If your new employer is ready to buy out your notice period and pay the salary in lieu of notice period, you can go ahead.  

Check with your prospective employer, as to whether they can consider your candidature without relieving letter and experience certificate .

If yes, go ahead.

- 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 leaves 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.

- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.

- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.

- Hence, better serve the notice period only , or if you dont want to serve or want to join another company , then pay the notice  period , and tender your resignation with the request of issue experience certificate. 

Good luck and dont forget to rating Positively. 

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

The relations between the employer and employee are primarily governed by the Appointment Letter.

The Company's policies and procedures are the supplementary aspects.

The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid.

By putting the clause in service regulation that it is company's discretion to accept the notice or not is against the provisions of constitution of India.

Hence company can not threaten you by showing this clause.

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

You can leave the office by tendering the resignation letter with information about your willingness to pay compensation in lieu of the notice period.

No legal case by company will be maintainable even if they want to take any action by not accepting the resignation.

Yes, you can do it.

Don't worry about the possible legal action that your employer is planning to initiate against you in this regard.

You can challenge the same in court of law as per provisions of law.

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

2) 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.

1. You can just stop going to work and send a mail that you will not be coming from this day onwards. 

2. Don't forget to mention that you are ready to pay basic salary for notice period.

3. If next employer is ready to take you without relieving letter then this is the best option.