I'm currently serving notice period which is for 90 days but I want to get relieved earlier by 15 days, i.e by serving 75 days notice. I'm ready to pay notice period amount but my employer is not ready for that.
the T&C in the offer letter says
'This contract of employment between you and the company can be terminated by either party by giving 90 days notice or gross 3 months salary in lieu thereof. however release from the company is subject to satisfactory handover of the responsibilities assigned to you.
So, in this case if the employer is not ready to release before 90days and not accepting to take back the notice period amount, what shoud I do ?
I've to join an overseas company and not interested in relieving letter.

From India, Bangalore
Well as you know that Employer is not ready to relieve you early and the respective T&C (Highlighted above) also says clearly about it, you have to complete your period.
well could you share the reason of your resignation and why you cant complete your notice period of 90days
The option you have in your hand is to convince your immediate reporting Manager/Boss with valid reasons to relieve you earlier else have no option and must complete your notice period gracefully.

From India, Gurgaon
Dear Shwetb,
As per the employment agreement, you can be released against salary in lieu. You need to talk with your immediate superior and HR of your company. But, you must have genuine reasons for such demand. You explain your situation to them. Hope they will understand and accept your early relieving.
Also ensure that charge handover should be done in proper positive way.
Concerning the relieving letter, it is your choice to take or not, but I will suggest you to get all such relevant documents. May be you don't need this time, but in future you might need it.

From India, Mumbai
As is stated in your appointment letter, you cannot be relieved earlier if there is no proper hand over of the things done. While resigning we should also be considering the fact that when we leave, our ongoing project might be hampered. So we need to do proper hand over, explain all the things to the person hired in place of us and see to it s/he is able to take it forward from there. If you see, in many IT companies, people are not relieved even after serving full notice because their project was not over... You have to abide by your responsibilitites that you took up. Finish the initiated work.
If you think you've done handover kindly meet the HR and supervisor and enquire if anything is left for you to follow up so that you can have a smooth exit. If no if they can relieve you immediately in leiu of salary.

From India, Mumbai
Hi if you have required relieving letter then you must go through the appointment letter.
then negotiate with employer. and if neccessary then work with employer in parttime.
so that both of you satisfy
kanchan Sahu

From India

The terms of your appointment is very clear. You 3 months notice or compensation of 3 months salary in liue of notice. There is an implicit agreement that either of the options can be exercised by both you and the employer. You do not need a relieving order since you are going abroad. Take an acknowledgement in your letter of resignation. In case they do not give acknowledgement, then, end them an email stating that you are invoking the clause of the terms of appointment and ask them to make arrangements to take charge of your duties. This will absolve you of any accusation that you have not handed over charge. If they do not make arrangements, then just leave them after 15 days and send them a mail stating that you have given them notice to make arrangements to take charge, but since have not done so, you have no other option but to leave by invoking the terms of appointment. In the email also send an attachment with details of invetory and where it is kept along with the documents.

No one can prosecute you. Its not always that employees have to be fair. Employers also have to be fair. If the employer cannot understand that you have an opportunity to go abroad and settle down well in your career, then, they do not deserve you. Alternately, they must be able to give you a similar career option, which they are not or cannot.

So, dont worry, just go ahead. Heaven's are not going to fall. No one is indispendable. They will find someone. AFter a couple of years your managers will change their jobs and 3 years down the line they will forget you. Life moves on. SO just go abroad and enjoy yourself. Dont carry a baggage of what your current employer thinks. All the best

From Indonesia, Jakarta
I've to go abroad and join a company by mid Apr else I'll loose that job. So, I'm asking my managers to relieve me early by taking 15 days salary as part of shortfall in notice period. I've also clearly told them to assign a resource so that I can start the knowledge transfer. But they are ignoring may mails and not responding.
My question is shall I tell them that I'll walkout of the company on a particular date if not relieved formally and say that you are not acting as per the terms and conditions of the appointment letter?
Do I need to send notice thru a lawyer?

From India, Bangalore
reason is to go abroad for a better job.. I think you didn’t understand the T&C given by me..if you are saying that T&C clearly says that I’ve to serve 90 days.
From India, Bangalore
So you felt that I didnt understand the T&C what was pointed out by even yourself and referred by me in my response to you. okay. no issues.. well what you Notice Period T&C says are very much cleared to me even to all members who have responded on your query and also remind you about the same but seems you are loosing your motive that bring you here to discuss or are on wrong way.
And if you really dont care about Relieving cum Experience Latter and that even not valued to you because you wanted to go abroad than why are you discussing this case with us, and can left your job anytime even without completing your notice period. My humble request to you, please be clear with your queries and questions next time and wish you will be soon able to read and understand the responses by other.
Also I sincerely wanna wish you for your good and bright career/ future.
All the best!!

From India, Gurgaon
Hi Anil,
Please look at the other member's replies also. They are telling that Employer has to agree for Notice period buyout as per the T&C, but you are saying that I've to serve 90 days notice period.

From India, Bangalore

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