Notice Period Confusion: How Should I Handle a Discrepancy Between HR Circular and Appointment Letter?

Dear All,

I am a new joiner and was really pleased to find myself in the right place after reading a few discussions. Recently, I resigned from a company, and according to the latest company circular provided by the HR department, the notice period for my grade was 1 month. Accordingly, I resigned and gave a notice period of 1 month. However, when calculating my full and final settlement on the last day of the notice period, it was discovered that my appointment letter, which was 4.5 years old, had a clause specifying a notice period of 2 months for that grade.

The HR department showed me that clause and informed me that since I am leaving one month early, I would have to pay a month's salary to the company. As this all unfolded on the last day, I did not have the choice to serve another month in the same company. I am still in the process of fighting for my complete settlement.

I seek your guidance on what can be done in such a case. According to the new HR circular, individuals at my grade level have a notice period of only one month.

Thanks and Regards

Normally, a circular issued revising the terms and conditions of service will supersede the appointment order served some 4.5 years back. Therefore, the terms and conditions of the original order should be taken as expired in the event of the issuance of the current circular. If the new circular calls for one month's notice, the employees are required to give only one month's notice, not as agreed at the time of appointment. When all the terms of appointment are subject to change (such as changes in salary, date of appraisal, pattern of leave, etc.), why should we stick only to notice pay? The decision of the HR is not fair but illogical.

You may please raise this matter before the Board of Directors.

Regards,

Madhu.T.K