I have just tendered my resignation letter on 1 Sep 2009. My appointment letter requires me to serve 3 months notice (as i am confirmed staff) as stated by following Termination clause:

"During the period of your employment with the Company, termination of employment may be effected by either party giving to other party 1 month notice in writing or salary in lieu of notice thereof during your probationary period and 3 months in writing or salary in lieu of notice thereof after you have been confirmed in your employment."

I stated in my resignation letter that i will serve notice as per appointment letter and company policy.

My superior and hr informed me that i need only serve notice until 15 Oct 2009. I disagree and informed them that i wish to follow what has been stated in my appointment letter, ie to serve full 3 months notice. My company said it has the right to shorten my notice period without any need to pay me back the balance of 1.5 months salary. I still have 5 days annual leave. They do not mention about the annual leave, but i believe my company deems it is offset with the balance of 1.5 months notice.

I wish to know by looking at the Termination clause in my appointment letter, do i have the right to get back the salary of balance 1.5 months plus 5 days annual leave?