- 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, the said company cannot force you to work for the notice period , If you have already tendered your written resignation , then send the amount of notice period for the period which you don't want to work

You can contact me , if further suggestion needed. 

Send them a legal notice and file complaint with labour commissioner office

Best option for you is to settle the dispute amicably with employer. Any harsh move will further escalate the matter. You do have legal remedies through civil Court bur court proceedings takes years and it will also spoil you name in the market.

If you have decided to resign your job and also feel that you will not be able to serve the entire three months notice period, you send the  communication in writing to the employer informing your decision to quit the job through this resignation letter, which may be sent by registered post with acknowledgment card. In the same letter you may mention your last working day and inform that you will be compensating the company in lieu of the remaining notice period beyond the date of the last working date as mentioned therein. 

You can hand over the company's assets to the immediate superior one day prior to the last working day and stop attending the company  beyond the last working day.

The company cannot force you to work for the entire notice period neither they can take any legal action on this if you have clearly expressed your willingness to compensate by paying for the remaining notice period.

Notice period buy-out is a clause in an employment contract that allows the employee to terminate their contract and leave the company immediately, usually in exchange for a payout.

If the company does not want to honor the notice period, you can approach the labor court.

You should avoid sending the communication to the HR or the employer by emails. 

You resort to physical writing and hand over the letter in person or sending it by registered post if the HR refuses to accept the same in person.

After this you stop attending the office beyond the last working date as mentioned in the resignation letter. 

You have to serve the notice period as per terms of appointment letter 

2) it is at discretion of company to waive notice period 

3) if you fail to serve notice period company can declare you as absonder 

it is in your interest to serve notice period obtain reliving letter from your employer 

- If you have already tendered resignation then send a notice for getting Relieving letter 

- Attach the amount of notice period for which you have not worked. 

You an contact me , if further suggestion is needed.