Stuck in a Notice Period Dilemma: How Can I Leave My Job Sooner?

Hello, I am in need of urgent help. I have received a new job offer, and they require me to start within a month. However, my current employer is unwilling to release me and insists that I serve a three-month notice period. There are no pending projects or work from my end. According to my contract, I have the option to provide notice in lieu of serving, subject to management approval. Alternatively, I can opt to pay three months' basic salary if I am unable to serve the notice period.

Despite the contractual provisions, my current employer is unwilling to allow me to leave within a month. I am seeking advice on what steps I can take in this situation. Please advise on how I can proceed.

First and foremost, when you're fully aware of the 3-month notice clause, you should not have accepted the offer from the prospective employer with a restricted joining time of one month. Employers often interpret the notice clause of exit according to their convenience or at their own discretion.

Therefore, only the employee intending to shift jobs should be very careful and always seek joining time from the prospective employer that aligns with the full length of the notice period in the current job.

If the present employer insists on serving the entire notice period without allowing the employee to utilize the buy-out option, there is no point in creating any confrontation. Every employment is a contract, and every contract is a set of rights and obligations to be strictly followed without deviation.

It is better to try to convince the present employer politely to accept your buy-out option and ensure your separation is peaceful and formal.

“During probation, your services will be liable to be terminated upon giving one month's notice or one month's basic salary in lieu of the notice period, by either party. Post confirmation, your services can be terminated by either party upon giving three months' notice or three months' basic salary in lieu of the notice period, except in the case of dismissal or termination of services on account of misconduct when you will not be entitled to any such notice or salary in lieu thereof. The acceptance of notice pay in lieu of the notice period will be completely at the discretion of the management. In case you leave the employment without giving notice, you shall have to pay liquidated damages of an amount equal to three months' basic salary. Notice pay recovery will attract 18% GST.”

This is the exact clause. As per the last statement, can I not pay and move out? Can they hold me off from my relieving letter and FnF statement?

Although equity and fairness in action are in your favor, the power is entirely in the hands of the organization, as is evident from the words "The acceptance of notice pay in lieu of notice period will be completely at the discretion of the management." You have accepted it, and hence you cannot insist on the buyout option. However, as it is affecting your future, you may individually take it up with the higher bosses and try to persuade them to relieve you at the earliest.

Consultation with Senior Colleagues

In this matter, our senior colleagues have given a befitting suggestion to follow. In all cases, the employer enjoys the upper hand because your employer would say, until the arrangement of a substitute, your employment is required. You cannot say that your employer is forcing; rather, it is an applied clause in your appointment letter.

Legal Consultation

In this connection, you should consult a labor lawyer and send a notice stating that you are not bound to serve a 3-month notice but can pay in lieu of notice as per the terms due to personal difficulties.

Understanding the Terms of Your Contract

Actually, the terms seem to be poorly drafted. The last sentence clearly states that if you leave without notice, you need to pay the company liquidated damages of three months' salary plus GST. So, it clearly gives you the option to walk off (practically without notice), and legally all you are liable for is notice pay.

However, do remember that when you leave without notice or on bad terms, they will not give you a relieving letter or experience letter, and they will provide a negative response in a background check.