Urgent

You can initiate proceedings by filing petition before the Commissioner of labour to claim your monitory benefits and your certificates.

 

You can also approach the civil court for the recovery of arrears as well as your original educational documents along with  cost.

 

Compelling of employee to surrender their original certificates at the time of joining employment and keeping with the employer is nothing  but a way for introducing bonded labour system which is highly illegal and punishable. Hence, you can also file  criminal complaint  against the employer before concerned  police as well as commissioner of labour.

 

However, it is advisable to send legal demand notice before initiating other proceedings.

What is this company: Commercial, Industrial, Small Enterprise?

 

 The registration certificate might have been displayed near entrance or you have to find on your own.

 

You are located in which state? 

Redg. Office of the company is located in which state? 

What is trade of this company: IT, Banking etc…..? 

How many people are employed in it? 

What was your designation and nature of duties?

 

Were you given any offer letter, appointment letter, I.Card, PF number, ESIC Card………………………?

 

Did the company demand in writing that the original educational Certificates to be retained by it?

Did it issue any acknowledgment of the original certificates collected from you?

 

Have you signed any service agreement, BOND etc and if yes in lieu of what extra ordinary favor, training etc by the company?

 

 

Did you submit proper notice of resignation and do you have its copy and POD, and acceptance?

 

Did you serve notice period, handed over the charge, company property?

 

Did you submit any written representation to company?

 

Did you record the threat made to you (audio/visual)?

 

Are you a member of any employee’s unions, trade unions?

 

How long you have worked for this company?

 

 

The above information shall help, hence post it, pointwise.

Dear sir, The point wise details as asked by you are as follows : (i). The company is a Pvt. Ltd. company having its manufacturing unit located at Rewari (Haryana) and having its registered office at Delhi. (ii). The company manufactures plastic auto components and employs about 150 people. (iii). I was working in the maintenance department. (iv). No appointment letter was given to me but only verbal confirmation. (v). Company ID card was issued and ESI & PF deductions were made and the same reflects in my salary slips. (vi). Company took the original certificates for verification but never returned it back. (vii). Yes, I have a company stamped acknowledgement receipt of the same. (viii). I never signed any service agreement or bond. (ix). I served the notice period but soon after that the company gate was closed for me. (x). I tried to give them the resignation letter but company did not accept the same. (xi). No I did not record the threats which the company officials gave me. (xii). No I am not a member of any trade union. (xiii). I have worked for this company for about 1.5 years.

I am posting this query from my friends account.

You could have sent the notice of resignation/final resignation letter by post.

You can submit the copy of notice of resignation/final resignation letter by post by redg.post.

YOU cam mention that during notice period you have handed over company property/charge……………….and no tasks were pending at your end.

You have not posted what was your designation and nature of duties?

You may approach a labor consultant/service lawyer at the location where you were posted or location of redg. Office of the company with all docs on record and provide inputs in person.

Your lawyer may opine that you shall be covered as ‘Workman’ as in ID Act and that standing order shall be applicable.

If standing orders are not certified, Model Standing Orders shall apply.

You may go thru Sec13-18.

The FnF wages, service certificate  should have been supplied on last day in office.

The original certificates should have been supplied to you.

In future don’t leave your certificates and instead provide attested/certified/notarized copies and may show originals for OSV and collect these back on the spot.

Agreed with advise of Ms. Saleema Kabeer and you can file criminal complaint.

IN another thread querist posted that police constable, SI, was enough to get original certificates back.           

 

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