Shubham Gabhane 24 December 2021
Megha 05 January 2022
Hi,
Firstly, please sit down and talk to your reporting manager and HR about this issue and expain to them your situation. If this turns out to be a futile exercise, a legal recourse can be taken.
No employer can force his employee to complete the notice period mentioned in the contract of employment if the employee isready to buyout his/ her stake. The labor laws donot specifically address this issue. However, aid can be taken from other statutes
1. Section 14 of the Specific Relief Act, 1963 - it states that where compensation in money is an adequate relief for non performance of the contract, the same cannot be imposed.
2. Section 27 of Indian Contract Act 1872 - the section provides that an agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is to that extent void
3. In extreme case, one can also consider filing a writ with the High Court under Article 226 read with Article 19 and Article 13 of the Constitution.
Best regards,
Megha