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Indian Law/Company refusing to accept Buy-out period

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Question
I gave my resignation (by company e-mail on 05/12/2012. But there was no reply.The offer letter states 2 months' notice or salary thereof. I had not mentioned that I would give them a buy-out period but asked to be relieved immediately. I was unable to serve the 60-day notice period as my father is seriously ill, which reason I had stated in the letter.

And the director has now disabled my company e-mail id, internal ids, etc., and not answering my phone. I had told them I am willing for a buyout period also. They have not asked for my photo id or building id cards too. Though in other cases, where employees have stopped coming in, they were called in given relieving letter & other settlements, without asking the employee to pay any penalties. The employees were paid in full though they had the 2-month notice period or salary in lieu clause.

I cannot go to work as this is a night shift of 9.5 hours, in any emergency, I will not be able to rush back home from outside the city #ambattur industrial estate, chennai#. The company also has been holding PF amount from salary, but hasn't opened any PF account or given any PF a/c number like I received in previous employments.

I wish to get my relieving letter from them, so kindly advise. Relieving letter is for the purpose that in future they should not be able to hold me legally abiding in any way. And also in future if I look for a job elsewhere.

Answer
Dear Sunita,
Your termination notice has to be accepted by your employer as per the termination clause contained in the contract.Since there is provision to adjust shortage in the notice period against pay, you have every right to ask your employer to release you by making necessary adjustment for any shortage in the notice period against your pay.However, for exigencies of work, they may request you to extend the date of your release but could not compel you to do so.It is simply a breach of contract on their part.Since you have a very valid ground to terminate your contract, there is no justification on their part to refuse to accept it.Further, they have done a criminal offence by not yet depositing your CPF amount with the RPF Commissioner.
In view of the above,I would advice you to initially send another reminder very politely expressing practical difficulty in continuing due to serious illness of your father and requesting them to accept your notice of resignation.Please also mention in it to make necessary adjustment against your pay for any shortage in the notice period ,if necessary.If you do not get any reply within a reasonable period say within next 7/15 days, then serve a legal notice to release you as per your notice and also settle your outstanding dues and reminding them that failing which,you shall be compelled to take suitable legal actions against them.Moreover, under no circumstances, you should pay any amount from your own pocket because they can adjust it against your outstanding dues.For violation of PF Act,you can lodge a complaint with the Office of RPF Comissioner with a copy to the Labour Secy. of your state.
With Best Wishes.

Indian Law

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Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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