Can My Company Stop Me from Buying Out My Notice Period Despite Operational Issues?

pankaj-birajdar
Hi all, I need some immediate help. The scenario is I have given my resignation and requested an early release from the company. However, the manager is saying that it is likely to be rejected due to operational difficulties, and they won't be able to release me early. I have attached the terms from my appointment letter. Can someone please advise on what exactly is written?

Does the management have the power to hold me, or do I have the power to buy out the notice period?

I'm ready to pay the 2-month notice period; however, the same is mentioned in the appointment letter. I want to clarify, can the management stop me from buying out the notice period? Do they have the authority to reject the buyout options by any means?

Kindly help asap.
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rkn61
Confirmation Letter and Notice Period Clause

Have you received your confirmation letter in writing from the company?

While the clause of separation, "appointment is terminable by 2 months' notice by either party or 2 months' salary in lieu thereof," aligns with your readiness to buy out the notice period, please review the last line of the separation clause: "if the management desires you to continue the employment during the notice period, you shall do so."

Your manager might have rejected your plea for early release, citing "operational difficulties" based on this stipulation. Therefore, it is advisable to cooperate with the management, serve your 2 months' notice period, and ensure a smooth exit.
KK!HR
Buyout of the Notice Period

The buyout of the remaining notice period is not a right of the resigned employee. Indeed, the privilege lies with the management. They can choose to accept or reject the employee's request. The organization must deal with the sudden loss of the employee and, therefore, should be given sufficient time to address the crisis and train alternative manpower to the required level.

On your part, you can assist the organization in developing competent manpower to replace you.
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