Stuck in a Notice Period Dilemma: Can My Employer Refuse a Buyout Option?

I am working in a private limited company. When I signed the appointment letter, it was clearly mentioned: "your services shall be terminated by either party giving 2 months' notice or salary in lieu thereof." However, later on, within the confirmation letter, they changed this term to: "As a confirmed employee, you'll be required to pay 2 months' notice or salary in lieu thereof in case you decide to leave our services subject to the company's discretion."

According to HR, I have to serve the full 2 months' notice period; there is no option to buy out in any case. Management will not consider the buyout option.

The new organization I am willing to join is ready for one month's notice period (which can be negotiated by a week but not more than that). I am ready to serve the current organization for as long as I can (more than a month) and even ready to pay 2 months' salary in lieu thereof, but my current employer is not open to that. Please suggest what I should do.

Dear Coolvini,

With reference to the above-cited matter, please submit your resignation. In the resignation, mention your last working day and ensure to keep a copy for yourself as well as for their records.

Thank you.

Hi Sendi,

I've already resigned, but at that time, I didn't mention the date. However, the HR is not willing to listen to me at all, and the only response I'm getting from them is "You have to serve the full 2 months' notice period; there is no other option."

Looking at the situation, I might need to take some drastic action. I would appreciate proper guidance on what to do and how to proceed. It would be greatly appreciated if you could suggest a way forward.

Best, Vinay

If your management is not ready to waive off your notice period, your relieving won't be possible. Request your boss that you are available; otherwise, after relieving, try to convince that the shortfall of the notice period of a few days cannot be waived off, then you will be happy to apply for leave. Your request and rapport with seniors can only liberate you technically from getting relieved at this moment.

Hi,

Please check if you have any remaining leaves that could be adjusted. Kindly speak to your new company and inquire if it is acceptable for you to provide only the resignation letter and not an experience letter.

Regards,
Kanika Kapoor

Thank you all for your response. I just want to confirm if I have communicated to HR that I can't serve the notice period for more than a month (I am already serving), and later on, I will not be working here. In that case, can I ask for the relieving documents, or can the company mark me as absconding and not provide any documents?

@Kanika: I have tried to see if this can be resolved with my leave balance, but they are not willing to consider that either. All they want is for me to work for two months, regardless of my agreement.

Does the company have the right to make decisions regardless of my agreement? They are pressuring me to comply; is this fair and in line with the law?

If I follow the company rules and after two months, I do not have a job in hand, what am I supposed to do? Am I not supposed to think about my future?

Regards