Early release notice period options
Hello,
I've resigned from my current organization and need an early release from my notice period i.e., 90 days. I can serve a max of 40 days and willing to pay for a buyout for the rest of the notice period but they are not accepting it. So, below are the clauses written in my employment letter and the updated notice period policy.
A clause in the Employment Agreement :
"This employment can be terminated by either party, by giving three months’ notice after confirmation or monthly gross salary in lieu of the notice period. However, under no circumstances can the relieving period be less than one (1) month from the date of acceptance of the Employee's resignation."
Updated Notice Period policy :
"An employee is required to serve the notice period as per the terms of his / her employment agreement, 3 months for employees outside of a period of probation, and 1 week for employees in a period of probation."
"Should an employee request to end their employment earlier than the contractual end date, an employee must provide a written request to their manager. (Name of Company) reserves the right to approve or deny a request, whilst considering the business operations and the company’s best interests. In the event that an employee’s request for early release is approved, the employee is required to pay the corresponding amount, which will be confirmed by HR and calculated based on the number of days between the requested end date of employment and the contractual end date of employment, using the daily gross salary. Agreement between the employee’s manager and management is required to waive this payment."
So is there any loophole present where I can press the company for accepting the buyout? Or if I leave after serving 35 days will my case be considered absconding and I will not get experience and releasing letter. Please reply.