8th February 2018 From India, Mumbai
How can you expect " good advice " from others when you've omitted to furnish the nature of your job i.e., whether it is managerial or supervisory with more than a salary of Rs.10000/=p.m or an employee belonging to workman cadre?
Coming to the point of acceptance of your resignation, whoever you are, by the employer after altering the notice period according to his discretion is quite illegal. The company manual may be a Holy Scripture to a HR without any legal bent of mind like the person you mentioned. In terms of substance and notification it can not run counter to the legal provisions of the Law governing the contract of employment and legal norms laid down by case laws. When the employee submits a resignation effective from a future date together with his willingness to serve the notice period of mistaken duration and the management accepts it with a modification of recovery of salary for the short notice period, it is correct to the extent of reality of the facts. But realizing his mistake, when the employee submits a fresh offer of serving the actual notice period, the employer has to comply with it since the resignation has not yet become effective. Even his refusal may be justifiable on the ground of alternative arrangement, if any made by the employer. But, he can not relieve him before the date mentioned by the employee and accepted by him for it amounts to a counter offer by the employer which requires the acceptance of the employee. Therefore, the employer has to pay the salary for the period of notice modified at his own discretion not withstanding any condition in his manual. In some other thread, I had mentioned the case laws in this regard. Please search and find.
8th February 2018 From India, Salem
I am a senior management professional with 30 years of private sector experience.
Your advice is valuable.
About the legal provisions that you mentioned as having posted elsewhere in this forum, should I be able to find using your username?
Again, many thanks.
8th February 2018 From India, Ghaziabad