Can My Manager Refuse My Resignation Even If I'm Willing to Pay for Notice Period?

I am currently working in a leading Indian group. I joined there 10 months ago, but recently I got a better opportunity, so I decided to move. My notice period is 90 days.

Offer Letter Terms

In my offer letter, it was mentioned as follows:

"Notwithstanding anything contained herein, the company in its sole discretion may terminate your employment without cause by giving a three-month notice period in writing or payment of pro-rata three-month basic salary, in lieu thereof. Likewise, you may resign from employment without cause by giving three months' notice in writing or by payment of pro-rata three-month basic salary in lieu thereof. In the event of your resignation, the company in its sole discretion will have an option to accept the same and relieve you prior to the completion of the stipulated notice period of three months without any pay in lieu of the notice period."

Resignation Submission

When I submitted my resignation letter today, my manager is telling me that he will accept the resignation. However, I am ready to serve the two months of the notice period and willing to pay for the remaining days. So, I have emailed a scanned copy of my resignation letter to the HR and my manager, clearly mentioning the relieving date.

Clarification Needed

Kindly clarify, can he choose not to accept the resignation? As per policy, can I pay the notice period amount and leave?

Hi,

They gave only one option, and it's not mandatory. Hence, you may pay a 2-month notice pay to the company and get relieved smoothly.

Resignation Acceptance Dilemma

They gave only one option, and it's not mandatory. Hence, you may pay two months' notice pay to the company and get relieved smoothly.

Issue with Resignation Acceptance

What if they are not accepting the resignation? In that case, what do I have to do? I talked with my HR, and she said to submit the resignation and proceed further. But today, my manager is saying he will not accept the resignation. They are telling me that it's difficult to find a replacement in this field.

In my resignation letter, I have clearly mentioned my required relieving date. I am ready to pay the remaining notice period as well.

What do I have to do now? Can I work until the requested relieving date and then leave the organization? I am prepared to pay the notice period.

Based on what's mentioned in the Offer Letter, these words are critical: "…the company in its sole discretion…". So you don't have a choice to pay or not to pay to get relieved earlier. The Company has to agree to it. And if the Company doesn't agree, this will NOT be an option anymore. So don't harp on it.

Vis-a-vis "…it's difficult to get a person for this field," YOU would be knowing the situation in your field better. In case you think this isn't true, you will need to confront him with logic about why it is not very difficult. In case you also think it is difficult, NO ONE can stop you from leaving after completing the Notice Period. So you will need to factor in the 3 months before you join the other Company. Please inform them accordingly that you MAY be able to join after 3 months. Be sure to add some days or a week buffer between your Relieving Date & Joining Date, to be on the safe side.

All the Best.

Regards, TS