Such a flat refusal of your employer banking upon the discretionary clause of the contract of employment is highly deplorable apart from being viewed as a very calculated move of defeating the purpose of notice clause. A discretion conferred upon the employer as a party to the contract of employment stands impliedly defined in terms of equity and fair play in the matter of execution of the contract. Any stern argument from your end in this regard may result in making their stand more rigid. A bold decision of simply paying the notice salary and walking out dictated by the circumstance may even be legally sustainable but it may tell upon your future career. So, better make a polite representation to the C.E.O and convince him to accept your offer of total buy-out. I think that yours must be a senior position in the hierarchy. Therefore, transfer of charge like assets and valuable data is a two-way process and you can not just leave them on your table to be taken and simply walk out. Hence this kind of precarious situation in employment always demands tactfulness and patience rather than giving room for any legal tussle in haste.
30th May 2018 From India, Salem
Having said that, I would also like to bring to notice that I have completed all my knowledge transfer and deliverables. I have no work whatsoever. The reason for my resignation is not new employment but to come out of the current one and start afresh in whatever way favourable.
I certainly wonít be handling over the assets randomly but would go to the helpdesk of the company to complete the formalities.
I have been trying for 15 days to make peace with my partner but the partner is forceful and that is something that I cannot stand anymore. In a one sided contract , one cannot be assertive to this extent.
I donít plan to abscond from the company but given the hardships, I want to understand my other options.
30th May 2018 From India, New Delhi
31st May 2018 From India, Salem
In your appointment letter the clause "or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company" remained as a hurdle for your buy out option.
Instead of worsening case or to save from ego clash, approach the highest authority to consider your prayer.
The suggestion of Mr Umakanthanji is right and justified.
1st June 2018 From India, Mumbai