Facing a 3-Month Notice Period and Salary Deduction: How Can I Leave Early?

I am currently serving a notice period of 3 months and have completed 1 month of the notice. My employer has seemingly deducted 65% of my salary from the last month, which he has done to recover the appraisal that was conducted 3 months ago, as they have added a recovery of appraisal clause in the HR policy for employees who resign within 6 months of receiving the appraisal. The issue is that I do not wish to continue serving the remaining 2 months of the notice period. How should I proceed? My appointment letter specifies that I must provide 3 months' notice, without any clause for me to pay in lieu of notice; only the employer has that provision. Additionally, I am currently working on a project, and its certification process will commence in the next two weeks. Please advise on the best course of action.

Understanding the Situation

It's crucial to navigate this situation carefully, considering both the legal aspects and your professional standing. Here's a practical approach to address your concerns:

Reviewing Legal Provisions

1. Check your employment contract, particularly the clauses related to notice periods, deductions, and any recovery policies post-appraisal.
2. Verify the legality of the deduction for the appraisal recovery within the labor laws of India, specifically in Karnataka where Bengaluru is located.

Communicating with Your Employer

1. Initiate a formal meeting with your HR department or relevant authority to discuss your intention to shorten the notice period.
2. Clearly articulate your reasons for wanting to leave early, emphasizing any personal or professional circumstances that necessitate an expedited departure.
3. Request a waiver or negotiation of the remaining notice period, highlighting your commitment to completing the ongoing project diligently.

Seeking Resolution

1. Propose potential solutions such as completing the project deliverables before your early exit or assisting in the transition of your responsibilities to a colleague.
2. Explore the possibility of compensating the employer for the shortened notice period if required, ensuring a fair and mutually agreeable arrangement.

Considering Legal Recourse

1. If your employer insists on enforcing the full notice period against your wishes, seek guidance from legal experts or relevant authorities to understand your rights and options.
2. Consult the labor laws or employment regulations applicable in Bengaluru, India, to determine the legality of the employer's actions and your recourse in such a scenario.

Final Steps

1. Document all communications and agreements reached during the discussions regarding the notice period modification.
2. Maintain professionalism throughout the process, focusing on finding an amicable resolution while safeguarding your rights as an employee.

By following these steps and seeking appropriate guidance, you can navigate the situation effectively and strive for a satisfactory outcome.