vaibhav-gupta1
When my employment contract state "Consequent to confirmation, the company may terminate your services by serving 3 (three) months' prior notice or on payment of an amount equivalent to 3 (three) months' gross salary/remuneration in lieu of the notice period, without assigning any reason thereof.
In case you decide to leave services of the Company consequent to confirmation, you will be required to serve 3 (three) months' prior notice to the Company or will pay an amount equivalent to 3 (three) months' gross salary/remuneration in lieu of the notice period, without assigning any reason thereof."
And here it is clearly written that if you want to pay you can pay and go and yes I want to pay in lieu of notice but my company is rejecting the same request what can I do if they are forcing me to serve notice.

From India, Jaipur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Drsivaglobalhr
Doctor Siva Global Hr
KK!HR
Management Consultancy

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KK!HR
1317

The buy out option is there for the employee but for ensuring continuity of operations, the employer may also require some time to identify your replacement and train the incumbent. So the employer has the right to insist for serving the notice period. You may try to discuss with the authorities concerned and arrive at an amicable solution to the problem.
From India, Mumbai
drsivaglobalhr
290

Dear Colleague,
Rightly guided by our Colleague,
A business depends on Talents like us and we can not leave abruptly at the same time Management is not also concludes the service of any valuable talent abruptly by paying 3 months pay. Only incase of any serious performance issues/ disciplinary issues, managements exercise this clause. Same way the Employee also need to exercise this clause only in rate occasions like serious medical grounds etc. In normal situations, the employer will have his prerogative rights to make alternate arrangements during the said 90days and relieve you. You are not bound to work beyond 90days time but serving during his 90days is always a good sign and as a responsible employee. This is a basic duty for the employment we should give. In case if the next employer is pressing for early joining brief them they will understand and will only look at positively on your responsible work behavior. Kindly meet your HR /Manager and try to persuade for early relieving possible and suggesting that do not break the relationship.
All the Best, God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu

From India, Chennai

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