Recently, due to personal reasons I have resigned my job. In my resignation letter, i have mentioned that i am ready to serve the 2 months of notice period of actual 3 months as per the company policy. But management have accepted my resignation after 20 days and insisting me to serve complete 3 months notice period as they havent got suitable reliever.
As my offer letter says below point:
"After confirmation, termination of employment by either party will be giving three months’ notice in writing to the other or salary in lieu thereof"
In my case, I was ready to serve 2 months notice period and for remanning 1 month can I buy back (should I Pay my Basic salary or Gross Salary) and can I releive on my 60th day of my notice period with mutual agreement. If employer (company) objects how to overcome.
Please advise.

From India, Bengaluru
Nagarkar Vinayak L
Hr And Employee Relations Consultant

Hello there,
there can be two scenarios regarding Lieu notice; if the employee wants to leave the company without want to serve the notice period according to the company policy, the employees can pay their equal salary to the company.
other instance, if the company wants to take out the employee with out serve the notice period, the same equal salary company can pay towards the employee.
on your case, if the company can accept to take the one month salary as Lieu account, you are eligible to skip the one month notice period, but if they can claim that replacement training or handover training should be given, you don't have option to wait or escalate to higher level.

From India, Hyderabad
Initially, I thank you for the knowledge sharing.
I have a small doubt regarding the same situation-
If the same situation (above mentioned) happened during the probation period if the employee resigns due to some reason, should he need to pay to the employer?

From India, Secunderabad
Dear colleague,
The issue is hinging on the clause in your appointment letter relating to the obligations of the either party when resigning or terminating services. Either party has to give 3 month's notice or 3 month's salary in lieu thereof while ending the service.
In your case you can be considered to have fulfilled your obligation if you serve for 2 months and give one month's salary in lieu of notice and the Employer has to accept it. This action of yours is legal and you can quit the job after serving for 2 months and paying one month's salary to the company.
Vinayak Nagarkar
HR- Consultant

From India, Mumbai
During probation time, according to policy subjcct to the document; if the employee or employer wants to leave the organization; they can go a head, most of the companies start this policy after probation; so according to your company policy you can decide.
From India, Hyderabad
I am facing similar issue in my organization. There is no mention of "employer discretion" anywhere in the contract. What are the steps that I can take and can the Company legally withold my relieving letter?
From India, Mumbai

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