2 Answers
Dear Sir,
What the Employer Can Lawfully Do
The company may:
Deduct salary for the unserved notice period
Adjust against full & final settlement
Ask you to handover work/assets
But they cannot:
Reject resignation outright
Force physical attendance
Withhold relieving letter/experience letter without justification
Threaten absconding if notice pay is offered.
You may then:
Send a legal notice
Approach the Labour Commissioner
Claim damages if career loss occurs due to illegal withholding.
If satisfied the give me rating.
Dear Sir, as per your query,
1. Right to pay in lieu of notice: Since Clause 5(a) allows termination with 60 days’ notice or payment in lieu and you have completed both probation and the 18-month service-guarantee period, the employer cannot force you to serve the full notice if you are willing to pay salary for the unserved period.
2. Refusal has weak legal basis: An employer may refuse early relieving only if the contract excludes buy-out or ties exit to a specific condition. Here, the clause is mutual and unconditional, so denial despite offering pay in lieu is contractually unsustainable.
3. Next Step: Give a written notice/email clearly invoking Clause 5(a), offer payment for 45 days (remaining notice), seek relieving/experience letter, and state that continued refusal may amount to breach of contract. If you don't receive any reply, you need to send a legal notice demanding immediate relieve and compensation.
For further details, feel free to contact our OLQ Team for a detailed discussion.