Notice Period
I am currently working in an organisation that has a notice period of 90 days. I have received an offer from a company that has asked me to join them on 27/11/2023. I have already handed over my resignation on 20/11/2023. There is a clause in my contract that states that I can buy out by giving the remaining period's basic pay but the HR of the current company is saying that I need to serve full notice period of 90 days. Can he make me serve the full notice period even if I am willing to buy myself out.
Attaching the clause:
In case an employee, whether on probation or confirmed, decides to leave the employment of the Company by way of resignation or otherwise then he/she shall be required to serve a prior notice of 90 Days from date of such resignation and acceptance by the approving authority. In alternative, he/she may be required to make payment equivalent to 90 Days basic salary and/or the period of notice not served upon, in lieu of such notice at the discretion of the Company, if an employee, whether on probation or confirmed, leaves the employment of the Company without following the above specified process, in such events the Company would be within its Rights to forfeit the sums) due to the employee, if any, and shall be also at liberty to take appropriate action including but not limited to termination and/or to claim damages(s) and/or loss(s) from said employee