Stuck in a Notice Period Dilemma: How Can I Leave My Job When My Employer Won't Let Me?

Hi everyone, I am working in a startup company. Now, due to some personal reasons, I am not able to continue. However, I am serving a notice period. In the offer, they have mentioned a 3-month notice period, but they have reduced it to 2 months, which I am not able to serve. I want to leave the company.

I am even ready to buy out, but the company is not letting me. They have even withheld my salary. Additionally, they are not ready to provide my relieving letter. When I asked about the salary, they mentioned that they want assurance that I will stay for one more month. If not, they won't pay the salary and are suggesting I abscond. This way, they can inform their clients that I have absconded and they are also refusing to provide my payslip every month. Employees have to request their payslip.

In this case, what should an employee do to leave the company?

Hi P. Radhakrishnan Nair, this is the closure they have mentioned in the offer letter, but I doubt nowhere here have they mentioned the notice period of time. Can you check the attachment that I have attached? They haven't mentioned in 10.1, which states less than 1 month/salary in lieu, and 10.2 states less than 3 months, 50% of entitled. During joining, they also haven't said anything about the number of notice periods nor clearly mentioned it in the offer letter.

From the extracted portion, it is astounding to find such an employer with a blatantly one-sided agreement. It appears you are quite dissatisfied with the employer. The attitude of the employer is evident; it is not at all employee-friendly, so you cannot expect any favorable consideration. Since you have accepted the offer of employment, you are bound by it. The buyout option is not agreeable to the employer; hence, you cannot insist on it. (The buyout option is at the discretion of the employer.)

Therefore, the options are either to accept the condition and bear it for the rest of the notice period or wait for the employer to make any decision it wants to take. What the employer presents to the customer is for it to decide and cannot be a factor in deciding your matter. However, walking out of your present employment has its consequences for the future. The BGV in the future cannot present a favorable picture with respect to this employer. After all, the employer can take action under clause 10.3 without casting any obligation to you.