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I have started my career in a company which I have been working for the past 2.6 years. I got a new offer from another company where the pay is very good. So I told my manager that I need to get relieved and I just put an email regarding my resignation. The thing is my new employer wants me to join as soon as possible like in one week. They also agreed to pay for my notice period. Since I am having such a great offer, I told my manager to relive me as soon as possible and also I will payout without serving my notice period. The manager just says I will let you know and it has been two days, but still there is no improvement. They suddenly started to give me new tasks and I already have things to transfer it to another person. I hardly have 5 days to get relieved.

How can I deal with such a situation?

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    What location? In most places, you can always just not show up to old job and the 'only' downsides are your reputation getting hit, burned bridges and bad future references. But there are countries, I hear, where you are legally forced to work the notice period. – Jeffrey supports Monica Feb 9 at 14:52
  • I am at India@jeffrey – Naveen Feb 10 at 2:50
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You should have checked your contract before agreeing to pay for the notice period.

Assuming you're in India, the contracts usually have a condition that either party (you or the organization) can pay the amount equivalent to the notice period salary in lieu of actually serving (resignation) / allowing to serve (termination) the notice period. However, there is usually also a sub-clause (that many seems to miss to read) that in case of a resignation, you are allowed to pay instead of serving the required notice period only if the organization allows you to do so.

If you have got a contract that mentions that the buy-out (that's the term usually used for this scenario) is possible only if the employer allows / agrees with - then basically you do not have any options other than relying on the employer's decision thereof. All you can do is put a request to your manager / HR - but whether that will be approved, depends on their choice.

In this situation, it's best for you to keep the prospective employer notified of the scenario which is developed now. I don't know why you would commit a joining date before finalizing the last working date in the current organization - however all you can do now is request for an earliest release and keep the new employer informed about the developments.

Finally, to answer the question in your question:

Can an employer make me sit in the company after my resignation mail even though I don't want to serve my notice period and pay out instead?

Well, they cannot physically force you to come to work, but in case of a no-show during the notice period, they can take certain actions, from as simple as not paying you settlement amount (and withholding relieving letter, in context of India) to as severe as filing a breach of contract lawsuit.

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  • For what it's worth, they can't physically force you to work, but you may be penalized for breaking the contract beyond just paying back the notice period. If you want to consider that option consult with an employment attorney. – IllusiveBrian Feb 10 at 4:03
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How can I deal with such a situation?

Send a respectful email to other stake holders (Boss's boss, HR, etc) and just inform your decision that you need to leave in 5 days.

Offer your best you can, wish them good luck but just stay firm and clear that you have to leave and you are ready to pay-out. Point out to the clause in your contract if needed. (If it is not there, then just do not refer to contract).

Either ways, it is hardly any value for the company to make you work against your will and pay you salary instead of collecting the salary from you and reschedule your tasks either with a new hire or amongst themselves.

Try to resolve as amicably as you can. Unless they are out to destroy you, I think your employer would seriously consider your offer.

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If you previously signed a contract requiring two weeks notice, then your employer can insist on you working for two weeks after you have notified them of your resignation.

Is there a clause which allows you to pay your employer money (?) instead of working the two weeks? If not, then it's not possible. I've never heard of such a thing in the US.

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  • According to his profile, he's located in India. – Stephan Branczyk Feb 10 at 1:12

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