How Can I Navigate a Notice Period Buy-Out When Relocating for Family Reasons?

Hi, I have resigned from my company on last Monday, i.e., 11th Feb 2013, and I have asked them for the last date to be 19th March 2013. However, as per my contract, my notice period is three months. My manager is refusing to let me leave and is putting unnecessary mental pressure on me to complete the project. He insists that I serve the full three months, which seems deliberate on his part.

I have 25 annual leave days pending, and I have requested a notice period buy-out option, but they are unwilling to compensate me for it. The issue is urgent for me because I am relocating to Singapore permanently. My wife has received a permanent transfer to Singapore, is two months pregnant, and is scheduled to travel on 5th March 2013. It is crucial for me to be with her during this time.

The new company I am joining requires me to start by 21st March 2013 at the latest, and they specifically need a relieving letter. I am seeking advice on how to buy out my notice period. Any suggestions would be greatly appreciated.

Thank you.

Regards

Your query is clear, but your details are incomplete. Please provide the terms and conditions of your appointment letter, which will give a clear direction regarding the buyout of the notice period.

Secondly, seek an acknowledgment on your resignation letter. If you have not mentioned the exact date of relieving and your willingness for a payout in the resignation letter, then submit a follow-up letter to your resignation letter stating the aforementioned facts and request an acknowledgment of the same.

You can always keep your future employer informed about the situation and also notify them of the possibility of not receiving a relieving letter.

Best of luck.

Regards,
Preetam Deshpande

Hi Preetam, Thanks for your response. Please find complete details below.

Resignation and Notice Period Issue

I have resigned from my company on Monday, 11th February 2013, and I have requested that my last working day be 19th March 2013. However, as per my contract, my notice period is three months. My manager is not willing to let me leave and is putting unnecessary mental pressure on me to complete the project. He insists that I serve the full three months, which seems deliberate.

I have 25 annual leave days pending, and I have asked for a notice period buy-out option, but they are not willing to compensate for it.

Relocation to Singapore

My problem is that I am relocating to Singapore permanently. My wife has received a permanent transfer to Singapore, and she is traveling on 5th March 2013. She is two months pregnant, and it is of utmost importance for me to be with her.

The company I am joining requires me to start by 21st March 2013 at the latest, and they need a relieving letter for sure. I want to buy out the notice period. Please help me with any suggestions on what I can do.

Offer Letter Clause

My offer letter contains the following clause:

Termination

During the period of probation, your employment is terminable either at your option or the option of the Company by giving prior written notice of 30 (thirty) days to the other. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. After confirmation of your employment, either the Company or you may decide to terminate the employment by giving a 90 (ninety) days prior written notice. Payment of salary in lieu of notice period shall be at the sole discretion of the Company. However, in the event of gross misconduct or commission of a serious breach by you, without prejudice to any other rights the Company may have, the Company is entitled to terminate your employment with immediate effect with or without prior notice. You have taken up employment with the Company at your "will" and you understand and agree that it is for no specified term. There are no representations or promises that your employment will continue for a specific period or will be terminated only under particular circumstances. Breach by you of any of the above conditions of this offer or those in any of the Annexure hereto or Company Policies, IIA, will render your service liable to termination without any notice or payment in lieu of such notice. In the event of termination of services, the Company shall be entitled to offset payment of any allowance/advances, leave, any amount that you owe the Company, etc., against salary due and or any other amount due to you and to withhold amounts that may be required by the relevant authorities.

Regards, Rahul