How Can I Handle My Company's Refusal to Allow Early Release Despite Offering a Buyout?

I am currently working with a prominent company and resigned from the company two weeks ago. I have requested a waiver in my 90-day notice period of approximately 40 days. The reason for my resignation is to change the sector I am currently working in and seek out new opportunities. The reason for the early release is my scheduled travel (pre-booked) and a small medical procedure scheduled before the travel.

My partner (performance manager) is not willing to accept my early release despite offering the buyout of the notice period option. I have provided him with all the reasons, but he is still not ready to budge.

Termination Clause in Appointment Letter

My appointment letter mentions the following in the termination clause:

"Upon your confirmation, either Party shall be free to terminate this Agreement at will and, at any time, with or without cause, upon ninety (90) days prior written notice by the Party desirous of terminating this Agreement or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company. In the event you exercise the option of terminating this Agreement within twelve (12) months from the date of joining, in addition to the ninety (90) days written notice or salary in lieu thereof or a combination thereof, you shall also be liable to reimburse the Company for any joining bonus paid to you by the Company at the time of your joining the employment of the Company."

I am aware that once I hand over all the assets and sensitive data to the company, the company cannot take any action against me except asking me to pay for the missed days in the Notice Period (which I am already ready to pay for). Please advise me on how to proceed with the same. I do not wish to stay in the company as I mentally cannot sustain in such an oppressive culture.

Such a flat refusal by your employer, banking upon the discretionary clause of the contract of employment, is highly deplorable, apart from being viewed as a calculated move to defeat the purpose of the notice clause. A discretion conferred upon the employer as a party to the contract of employment is implicitly defined in terms of equity and fair play in the execution of the contract. Any stern argument from your side in this regard may result in making their stand more rigid. A bold decision to simply pay the notice salary and walk out, dictated by the circumstances, may even be legally sustainable, but it could affect your future career. Therefore, it is better to make a polite representation to the CEO and convince him to accept your offer of a total buy-out. I assume that you hold a senior position in the hierarchy. Therefore, the transfer of charge, such as assets and valuable data, is a two-way process, and you cannot just leave them on your table and walk out. Hence, this kind of precarious situation in employment always demands tactfulness and patience rather than giving room for any legal tussle in haste.

Thank you, Umakanthan Sir. I agree with you and completely understand that things must proceed amicably to avoid any legal repercussions that may occur. Having said that, I would also like to bring to notice that I have completed all my knowledge transfer and deliverables. I have no work whatsoever. The reason for my resignation is not new employment but to leave the current one and start afresh in whatever way is favorable. I certainly won’t be handing over the assets randomly but will go to the company's helpdesk to complete the formalities. I have been trying for 15 days to make peace with my partner, but the partner is forceful, and that is something I cannot stand anymore. In a one-sided contract, one cannot be assertive to this extent. I don’t plan to abscond from the company, but given the hardships, I want to understand my other options.

I understand, my dear friend. It is an irrefutable fact that in certain precarious situations, we stand perplexed when any two options presented before us are seemingly correct from their respective perspectives. Only our gut feelings can guide us to choose the most appropriate one. Therefore, you may either extend the garden leave until the expiry of the actual notice period or quit the job forthwith by paying the notice salary. There is an adage: "No one can give you better advice than yourself!"

Dear friend,

In your appointment letter, the clause "or payment of equivalent salary in lieu thereof or a combination thereof, at the discretion of the Company" remains as a hurdle for your buyout option. Instead of worsening the case or to save yourself from an ego clash, approach the highest authority to consider your plea. The suggestion of Mr. Umakanthanji is right and justified.