Can My Employer Force Me to Stay Despite Family Crisis and Offer Letter Terms?

I joined this MNC IT company 2 months ago. I had to resign due to family issues, making it impossible for me to serve the full 3-month notice period. I provided a 15-day notice and offered to extend it by a month, paying the remaining 2 months' shortfall. However, my manager insists I stay until a replacement is found.

Staying longer will harm my marriage irreversibly, a situation I'm not willing to accept. Unfortunately, the management does not seem to understand my position.

Offer Letter Clause

In the offer letter, it states: "Your employment can be terminated by either party with 90 days' written notice or 3 months' gross salary in lieu thereof. The company may release you after a satisfactory handover of responsibilities."

Seeking Clarification

I seek clarification on whether the employer can compel me to stay, even if it jeopardizes my marriage, or wait for a replacement, despite having backups in my team. Can they take legal action if I leave on the agreed last working day without their approval?

Thank you for your guidance.

You can choose to give a three-month notice period or pay three months in lieu of notice to end the relationship. The second part reserves the right for the company to end the relationship if desired, which contradicts the first part. When you pay, your relationship with the company ends, and there is no provision for the company to decide otherwise.

Instead of serving a shorter notice period such as one month or 15 days, it may be better to seek relief by paying three months' salary and ending the relationship. Ensure you collect the salary for the days you have served, or if the company fails to pay you, consider remitting the balance owed and terminating the relationship.

Best of luck...

The clause also says, "The company reserves the right, at its sole discretion, to release you from services of the company only after satisfactory handover of the responsibilities assigned to you." So, it is better to discuss with your HOD and convince him or her. The policies of a company are made by the people and for the people. So, the management can decide on a case-by-case basis. However, any company will think twice before making decisions because this will affect the existing employees. They will be careful in deciding your case.

However, if any recommendation from your HOD can be given to the management, I think that may work. Otherwise, whatever Mr. Gopinath suggested will also work if money is not a concern for you.

Please share your opinion.

Thanks,

Devi Balaji

Mr. Gopi Nath and Mr./Ms. Devi Bala rightly explained what to do and what not to do. Your employer is not wrong. They invested time in appointing you, so why would they consider letting you go easily? We all know that marriage is an important part of life. Three months is not three or thirty years, and no marriage can be destroyed in only 90 days. Like employment, marriage is also a common understanding between couples. Convincing your family is easier; try to convince them. The company will not act according to your choice; you have to act according to the company rules. I don’t know the real situation you are facing with your family, but lastly, I can say if a marriage can be destroyed due to this small issue, then you should end it for your better career. You can achieve even greater success once your career shines.

Sorry if I hurt you.

Kind regards