I am in urgent need of advice. I resigned on the 24th of a month, requesting to be relieved by the 28th of the subsequent month. Five days after my notice, I received an acceptance of resignation, stating that short notice pay will be recovered. This was when I got alarmed and checked my old appointment letter, only to find that the required notice period is 2 months. I had clearly overlooked it. Immediately, I sent out another letter stating that I had, by oversight, requested to be relieved in 1 month, and that the request stands canceled, and that I now request to be allowed to serve the full notice of 2 months.
The next shocker came soon, referring to all three previous correspondences, i.e., the Resignation Letter, Acceptance of Resignation, and My Letter Requesting to allow me to serve the full notice. It states: "As per Clause No. xxxx of the Company Personnel Manual related to the matter of relieving an employee prior to the completion of the full notice period following resignation, you will be relieved from the services of the company with effect from the closing hours of 9th Feb 2018, and your balance notice period has been waived off by the management."
HR referred me to the said clause, which states that the company can dispense with the services of an employee serving notice after resignation, before the completion of notice, with no salary or compensation payable to the employee for the remaining notice period. Such arbitrary clauses and manuals notwithstanding, my appointment letter has no reference to such a situation as mine, except that "You may tender resignation with two months' notice or notice pay in lieu. Failing your serving two months' notice AND failing your payment of notice pay in lieu, such amounts shall be deducted from monies payable."
My appointment letter has one clause: "You will be governed by the framework of the company's policies, circulars, and instructions which will be binding on you in addition to the terms of this appointment letter."
Question: Does the law protect me on this matter?
If the company has shortened my notice AFTER my resignation, can they afford NOT to pay me for the balance of the notice period, just because their company manual says so? I would be glad to have good advice and soon.
Regards
The next shocker came soon, referring to all three previous correspondences, i.e., the Resignation Letter, Acceptance of Resignation, and My Letter Requesting to allow me to serve the full notice. It states: "As per Clause No. xxxx of the Company Personnel Manual related to the matter of relieving an employee prior to the completion of the full notice period following resignation, you will be relieved from the services of the company with effect from the closing hours of 9th Feb 2018, and your balance notice period has been waived off by the management."
HR referred me to the said clause, which states that the company can dispense with the services of an employee serving notice after resignation, before the completion of notice, with no salary or compensation payable to the employee for the remaining notice period. Such arbitrary clauses and manuals notwithstanding, my appointment letter has no reference to such a situation as mine, except that "You may tender resignation with two months' notice or notice pay in lieu. Failing your serving two months' notice AND failing your payment of notice pay in lieu, such amounts shall be deducted from monies payable."
My appointment letter has one clause: "You will be governed by the framework of the company's policies, circulars, and instructions which will be binding on you in addition to the terms of this appointment letter."
Question: Does the law protect me on this matter?
If the company has shortened my notice AFTER my resignation, can they afford NOT to pay me for the balance of the notice period, just because their company manual says so? I would be glad to have good advice and soon.
Regards