Need help understanding my notice period buyout clause — can I use it for early release?

Salary Negotiations

Hey everyone, I recently joined a company and my employment contract has the following notice period terms:

From my side (resignation):

  • 3 months written notice to the company
  • OR payment of 3 months' salary in lieu of notice

From company's side (termination):

  • 3 months written notice to me
  • OR payment of 3 months' salary in lieu of notice

About me: 27M YOE = 4 years 10 months Designation = Software Engineer Company = US based Product Office = Pune

My confusion:

The contract says "3 months salary in lieu of notice" but does NOT specify whether this means:

  • Basic salary only (which I can afford), OR
  • Gross fixed salary (not a small amount for me)

This is a huge difference and the contract doesn't clarify it anywhere.

My situation:

I want to explore new opportunities and recruiters are asking me about my early release or buyout options. I'm hesitant to ask HR directly as I don't want to raise any red flags or signal that I'm looking to leave.

My questions:

  1. Can the "payment in lieu of notice" clause be treated as a buyout option for early release?
  2. There is no partial buyout mentioned — so is it all or nothing? Either serve 3 months fully OR pay the full 3 months salary?
  3. What does "salary" typically mean legally in India — basic or gross?
  4. What should I tell recruiters when they ask about my notice period and early release options?

Any inputs from folks who have been in a similar situation or have HR/legal knowledge would be really helpful. Thanks!

Disclaimer: I used Claude to write this post, also I am not sure about the flair, I used that I found closest.

Posted Mar 4, 2026, 7:23 AM UTC

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