I work for a big services IT company in Bangalore which has 3 months notice period. I have resigned two weeks back and want to buy notice for two months. The HR is telling me there is no buyout option and I have to serve entire 3 months notice period.

Here's the paragraph from the agreement:

" Your employment with the Company shall be terminable, without reasons, by either
party giving one-month notice during probationary period and three months’ notice
on confirmation. The Company reserves the right to pay or recover salary in lieu of
notice period. Further, the Company may at its discretion relieve you from such date as
it may deem fit even prior to the expiry of the notice period. However, if the Company
desires you to continue the employment during the notice period you shall do so.
Notice period and termination of employment contract shall be governed by the
applicable internal policies of the Company as updated from time to time."

Can they FORCE me to work for entire 3 months on notice when I want to buy notice for 2 months and serve one month. Please help !!

From India, Bengaluru
Labour Law & Hr Consultant

The buy-out option of the prescribed notice period either in full or part by the employee is always subject to the discretion of the employer. The notice clause of the establishment cited also confirms this. So the poster has to comply with this by serving the full notice period as insisted if he wants to avoid problems like termination on account of abscondence and the like. Whenever the resignation is for switching job, always careful planning is required for making the separation smooth and peaceful.
From India, Salem
Buy-out option though in existence and again it is enforceable at the discretion of the employer, it means in some or other reason(s), the employer indirectly insists the employee to complete the entire notice period of 3 months (90) days as per the employment agreement.

In my opinion, buy-out option when exists in any Organization, it should be win-win situation that is to say out of total 90 days, the employee has to work invariably for 45 days and the employee can request the employer to accept buy-out option for the balance unserved notice period of 45 days. Then the employer(HR) has to work out for replacement within 45 days so that there wont be any problems/issues for the existing employees and/or prospective employees.

The employer has to collect only the BASIC pay of the employee.

From India, Hyderabad

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