Hello, I am in need of urgent help. I have gotten a new job offer and they want me to join within a month. My current employer is not ready to leave me and is forcing me to serve 3 months. There is no projects/work pending from my side as well. My contract clearly states that I can pay notice in lieu but at the discretion of the management. It also says that in case I am not able to serve the notice I can pay 3 months basic salary and leave. In spite of that, they are not ready to let me go in a month. Please let me know what can I do?
From India, Mumbai

First and foremost, when you're fully aware of the 3 month's notice clause, you should not have accepted the offer of the prospective employer with a restricted joining time of one month. Employers would always interpret the notice clause of exit only according to their convenience or even at their own will and pleasure.

Therefore, only the employee intending to shift jobs should be very careful and always seek joining time from the prospective employer befitting the full length of notice period in the current job.

If the present employer insists on serving the entire notice period without allowing the employee to utilise the buy-out option, there is no point in creating any confrontation. Every Employment is a contract and every contract is bunch of rights and obligations to be strictly followed without deviation.

Better try to convince the present employer politely to accept your buy-out option and ensure your separation peaceful and formal.

From India, Salem
“During probation your services will be liable to be terminated upon giving one month’s notice or one month’s basic salary in lieu of notice period, by either party. Post confirmation of your services can be terminated by either party upon giving three months’ notice or three months’ Basic Salary in lieu of notice period, except in the case of dismissal or termination of services on account of misconduct when you will not be entitled to any such notice or salary in lieu thereof. The acceptance of notice pay in lieu of notice period will be completely at the discretion of the management. “In case you leave the employment without giving notice you shall have to pay liquidated damages of an amount equal to three months Basic salary. Notice pay recovery will attract 18% GST”,

This is the exact clause. As per the last statement, Can I not pay and move out? Can they hold me off from my Relieving letter and FnF statement?

From India, Mumbai

Although equity and fairness in action are in your favour, yet the power is entirely in the hands of the organisation as is evident from the words "The acceptance of notice pay in lieu of notice period will be completely at the discretion of the management. " You have accepted it and hence you cannot insist on the buy out option. However, as it is affecting your future, you may individually take up with the higher bosses and try to persuade them to relieve you at the earliest.
From India, Mumbai

In the matter our Sr colleagues have given befitting suggestion to follow.

In all the case the employer enjoys upper hand, because your employer would say till arrangement of a substitute your employment is required. You can not say that your employer is forcing rather it is applied clause in your appointment letter.

In this connection you consult a labor lawyer and send a notice that you are not bound to serve 3 month notice but can pay in lieu of notice as per the terms owing to personal difficulties.

From India, Mumbai

Actually the terms seem to be badly drafted.
The last sentence clearly states that if you leave without notice you need to pay the company liquidated damages of 3 months salary plus GST. So it clearly gives you the option to walk off (practically without notice) and legally all you are liable for is notice pay.

However, do remember that when you leave without notice or on bad terms, they will not give you reliving letter, experience letter and will give a bad reply in a Background check.

From India, Mumbai
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