Understanding Notice Periods: Legal Implications and Employee Rights

Hi Experts,

If a company has a notice period of 3 months and the candidate is seeking an earlier release, is the company legally capable of forcing the candidate to work for the full 3-month notice period? In other words, can the company refuse a buyout offer from the candidate and insist on the full 3 months' notice period?

Regards,
Rocky.

The employee can very well pay 3 months' notice pay as per the appointment clause and walk out of the company. However, it depends on the task that the employee is working on. For example, as a project manager, if he is the only one who knows complete details of an important task and it's not possible to hire a new manager within a short span and explain the work from the beginning, then surely the company can force the employee to work until the assigned task is accomplished.

Nisha, I agree with you, but legally, is it possible to compel a candidate to stay back for 3 months?

Legally, it is not possible if it is mentioned in the clause that the employee can leave the organization by serving the notice period for three months or by paying three months' notice pay.