Which comes first? The company policy or employment contract?

2 years ago

My employment contract states that: 1. You will be on probation for 12 months from the date of commencement of your service. At the end of satisfactory completion of probation period you will be confirmed in the services of the company. 4. Notice period for severance without cause /resignation from the services of the company will be three months on either side or salary in lieu thereof. Salary for purpose of this clause means Basic Salary. However, the decision to release you earlier than three months would be solely at the discretion of the management. Not with standing anything contrary contained herein the notice period stated in this section is subject to any other agreement / understanding or trainee bonds that the employee has entered into with the company whether in past, present or future, AND in the presence of such agreement / understanding or trainee bonds, the notice period stated in this section shall apply on completion of such other term / period / duration as agreed under any such documents / agreements. Whereas the company separation policy states that: Duration of notice period is 3 months for confirmed employees and 1 month for employees in probation, as per the terms of employment. I resigned while I was in probation and I have already served 1 month of my notice period by my organization is forcing me to serve 3 months. To leave on a good note I am willing to serve 2 months and pay for the 3rd month, but even then they are not agreeing. My organization is in the state of Tamil Nadu and is an IT company.