Recently, due to personal reasons I have resigned my job. In my resignation letter, i have mentioned that i am ready to serve the 2 months of notice period of actual 3 months as per the company policy. But management have accepted my resignation after 20 days and insisting me to serve complete 3 months notice period as they havent got suitable reliever.
As my offer letter says below point:
"After confirmation, termination of employment by either party will be giving three months’ notice in writing to the other or salary in lieu thereof"
In my case, I was ready to serve 2 months notice period and for remanning 1 month can I buy back (should I Pay my Basic salary or Gross Salary) and can I releive on my 60th day of my notice period with mutual agreement. If employer (company) objects how to overcome.
Please advise.

From India, Bengaluru
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Hello there,

There can be two scenarios regarding Lieu notice:
1. If the employee wants to leave the company without serving the notice period according to the company policy, the employees can pay their equivalent salary to the company.
2. In the other instance, if the company wants to terminate the employee without serving the notice period, the company can pay the equivalent salary to the employee.

In your case, if the company agrees to consider one month's salary as Lieu account, you are eligible to skip the one-month notice period. However, if the company insists on replacement training or handover training, you do not have the option to wait or escalate to a higher level.

From India, Hyderabad
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Hi,

Firstly, I thank you for sharing your knowledge.

I have a small doubt regarding the same situation: if the situation mentioned above occurs during the probation period and the employee resigns for some reason, should they be required to pay the employer?

From India, Secunderabad
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Dear colleague,

The issue hinges on the clause in your appointment letter relating to the obligations of either party when resigning or terminating services. Either party has to give 3 months' notice or 3 months' salary in lieu thereof when ending the service.

In your case, you can be considered to have fulfilled your obligation if you serve for 2 months and give one month's salary in lieu of notice, and the employer has to accept it. This action of yours is legal, and you can quit the job after serving for 2 months and paying one month's salary to the company.

Regards,
Vinayak Nagarkar
HR Consultant

From India, Mumbai
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During the probationary period, as per the policy outlined in the document, if an employee or employer wishes to leave the organization, they are free to do so. Many companies implement this policy after the probation period. Therefore, you can make your decision based on your company's policy.
From India, Hyderabad
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I am facing a similar issue in my organization. There is no mention of "employer discretion" anywhere in the contract. What are the steps that I can take, and can the company legally withhold my relieving letter?
From India, Mumbai
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