How Notice Period Buyout Works in India
Under Indian employment jurisprudence and Section 74 of the Indian Contract Act 1872, an employment agreement may stipulate notice period pay in lieu of actual service. If an employee resigns and desires an early exit, the employer may adjust the unserved shortfall days in the Full and Final (F&F) settlement:
Net Shortfall = Gross Shortfall − Approved Leave Offset Days
Total Buyout Cost = Net Shortfall × (Monthly Salary / 30 or 26)
Can an Employer Refuse a Notice Buyout?
Yes. A buyout clause in an appointment letter is generally a discretionary mutual option, not an absolute unilateral right of the employee. If business continuity or project handover requires your physical presence, the employer is legally permitted to insist that you serve the notice period.
Can an Employer Withhold Relieving Letters for Unpaid Buyout?
Indian High Courts (including Bombay and Delhi High Courts) have held that proof of service (Experience Certificate / Relieving Letter) cannot be illegally withheld as a tool of coercion. The employer's lawful remedy is recovering liquidated shortfall damages through civil process or F&F adjustments.