Stuck in a 90-Day Notice Period: Can I Use a Buyout to Leave Early for Family Reasons?

Hi all, I work for a company in Bangalore called Magna. From there, I am deputed to the client location Unisys in Bangalore itself. Magna consultancy has a 90-day notice period.

I resigned on the 2nd of April due to a family emergency, and I am unable to serve the 90-day notice period as I need to stay in my hometown for at least a year. However, I require all my documents from Magna as soon as possible. When I asked Magna HR, they mentioned that everything depends on my Unisys Reporting Manager. Unfortunately, the Unisys reporting manager is not willing to release me early.

I have sent a written email to the Reporting Manager and Magna HR stating that I am willing to bear any costs involved, but I need to be released as soon as possible. However, nobody is willing to accept the buyout option.

Question About the Buyout Option

My question is, is the buyout option dependent on the manager or HR, or neither?

Separation Clause from Offer Letter

"If you wish to leave the services of the company, a clear written notice of 90 days has to be given to the company. The notice period is subject to acceptance by the client and/or the reporting manager at Magna. The notice period can also be extended based on business needs. In case of failure to provide such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other changes/liabilities the company incurs due to the failure to give the required written notice."

I hope this helps clarify the situation.

The clause is defined and clear to state. As you are at the client site, your reporting manager (Client) needs to approve your resignation, and then the HR/Reporting Manager (Employer) will be able to take a stand. The reason is that your employer is dependent on the client and providing service to them.

I hope you will be able to convince your reporting manager (Client) regarding your separation.

All the best!

Regards,
Jeevan

Hi Jeevan, Thanks for your reply. In the below phrase of my offer letter:

"In case of failure to give such written notice within the prescribed time, you are bound to make good the loss suffered by the company and any other changes/liabilities the company incurs consequent to the failure to give the required written notice."

The above phrase is a buyout option, isn't it? I am ready to bear the cost, but no one is agreeing.

My Question: Is there any legal way where I can force them to release me based on the above clause?

Also, as I mentioned, I need to go to my hometown ASAP. The condition is such that I can't stay whether you release me or not. So, if I simply go to my hometown and tell them I am not going to come back, will it be considered as absconding? (While I have already resigned and requested to be released ASAP, and am also ready to buy out the notice period). Will it be considered as absconding?

Understanding the Cost of a Buyout

How much cost would you bear as a buyout? The clause does not state that you will pay cash in lieu of the notice period. The clause is very clear. It states that you will bear the loss and also the liabilities on account of not fulfilling the notice period. The compensation that you may have to pay would be quite substantial if you want a buyout.

Legal Options and Considerations

The other alternative is to legally contest the clause itself, since such a one-sided clause is not valid. But then, you need a very good lawyer to fight it out. Apart from that, you need patience and money since the case could go on for years, and you could be harassed for years, though you may keep winning the case in every court until the Supreme Court also decides in your favor. By that time, it could be a couple of decades, and except for a satisfied ego, you would have been drained out, fighting an organization. I am not kidding.

Reviewing Terms of Appointment

You should have gone through the terms of appointment, especially since you were joining a body shopping company, and protected your interests before signing such a contract. Once signed, the easiest option is to negotiate with your reporting manager, and if he does not agree, to serve the notice period.

Consequences of Absconding

In case you leave before the notice period is over, you will still be considered an absconder since you are absconding from your duty of serving the notice period. If you abscond, then the company reserves the right to claim compensation for the losses incurred on account of your absconding. Under such circumstances, even the courts would not give you any relief. Any legal recourse that you would like to avail of must be resorted to before you abscond.