I have resigned from my curremt company and gave 45 days notice period. The appointment letter says either 90 days notice or salary in lieu of. But no one in the company is willing to release me early and HR says they will file me as absconding if I don't serve full notice period. However, the appointment letter doesn't mention that waving of notice period is at the discretion of company.
My new employer is asking me to join within 45 days. I am in a fix here.
I want to know what my options are here?
Can company withold my relieving / experience certificate?
Can they screw up by background verification checks in future if I don't serve full 90 days?
The exact lines from appointment letter are as follows:
"Post confirmation of your employment, your services can be terminated, with or without reasons, by giving a notice of 90 days or payment in lieu of notice period. Payment in lieu of shortfall of notice period will be equivalent to monthly total compensation earned for an equivalent period of time. This is applicable to terminations initiated by you or by the company."
I need urgent help on this matter. Thanks.

From India, Mumbai
The notice clause extracted from the appointment letter confers equal choice for the exercise of the option on both the employer and the employee and does not entitle the employer to any preferential discretion of acceptance over the particular choice of the employee.
Of course, the tacit reluctance of the employer and the oral threat of the HR as narrated by the poster would indicate that they would certainly do something if the poster simply acts as per the notice clause. If he is bold enough to face the trouble, he can act as per the notice clause.
But the pertinent question is that why he agreed for an early joining when he is fully aware of the full notice period in the present organization?
My suggestion, therefore, would be either to convince the present employer for an early relief or the prospective employer for a late joining by politely explaining the situation.

From India, Salem

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