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SUMIT SIMLAI (Director, Rail)     07 February 2018

Company refusing balance of notice pay despite me notifying

I am in urgent need for advice.

I resigned on 24th Jan 2018, requesting to be relieved by 28th Feb 2018, i.e. slightly more than a month.

On 29th Jan 2018, my company issued me acceptance of resignation, while also mentioning that short notice pay will be recovered. This was when I got alarmed and checked my appointment letter of 2012, only to find that the required notice period is 2 months. I had clearly overlooked it.

Immediately on 29th Jan itself I sent out another letter stating that I had by oversight requested to be relieved on 28th Feb, and that the request stands cancelled, and that, I now request to allow me to serve full notice of 2 months expiring on 23rd March 2018.

Another shocker came today, referring to all three previous correspondences, i.e. Resignation Letter, Acceptance of Resignation and My Letter Requesting to allow me serve full notice. It states:

"As per Clause No. xxxx of Company Personnel Manual related to the matter of relieving of employee prior to completion of full notice period following resignation, you will be relieved from the services of the company with effect from 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 company can dispense with services of employee serving notice after resignation, before completion of notice, with no salary or compensation payable to employee for 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."

But 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 that if the company has shortened my notice AFTER my resignation, they can afford NOT to pay me for the balance of notice period, just because their company manual says so? 

I would be glad to have good advice and soon as I just have two days to be relieved.




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