Keeping original documents as security and holding back
Amit
(Querist) 13 August 2015
This query is : Resolved
Dear Sir /Madam,
One of my friend's employer had taken his School and college passing original documents as security.
Now my friend has resigned from that company without serving the whole notice period. The company says that it will not return the original documents unless he serves the whole notice period.
According to me its illegal. Can you please advice what further action my friend can take ?
Thanks in Advance.
Kumar Doab
(Expert) 13 August 2015
It is illegal.
Has the employer issued acknowledgment of certificates?
Has the employer declined to return the certificates in writing ?
Has the employer levied conditions in writing to return the original certificates?
Has the employee recorded the declinature and conditions?
Amit
(Querist) 14 August 2015
Dear Sir,
Thank you for your valuable reply.
My friend has entered into a 'Memorandum of Understanding' with the employer. The terms of the MOU read as under:
" You have been appointed on the below terms and conditions which would be effective from 21.4.2014:
1. You would be committed for a period of 3 years in the company i.e upto April 2017.
2. Till April 2017, if you decide to resign, you have to give a minimum 6 months notice and the below mentioned documents will not be returned without 6 months notice.
(i) SSC Result Original (ii) HSC Result Original (iii) Graduation Result Original
The above memorandum of Understanding is on a stamp paper of Rs.100 and signed by my friend and the employer. However the document is not notarised.
The appointment letter mentions the notice as period as 90 days.
Further they has also withheld his salary and bonus.
Awaiting for your reply.
P. Venu
(Expert) 14 August 2015
Your friend has many option: file an FIR, file a civil case, approach the adalat, bring the matters to notice of the Human Rights Commission etc.
In my considered opinion HRC is the best option as this would bring relief the hundreds, if not thousands, who are being harassed and exploited in this manner.
Rajendra K Goyal
(Expert) 14 August 2015
Send notice to the employer for refund of the documents. If they do not agree, file FIR / court case.
Amit
(Querist) 14 August 2015
Dear Sir's,
Thanks for all your replies.
Can you let me know. What type of notice should my friend send to his employer ?
Should it be a legal notice through a lawyer.
Kumar Doab
(Expert) 14 August 2015
Even the notice period of 90 days ( leave apart 180days) may not necessarily be applicable in your case.
This MOU is crafted in lieu of which extraordinary favor by the company/employer to you?
You should show all documents on record to an able Labor Law Consultant/Service Matters Lawyer/Law Firm.
You should provide full information, pointwise!
What is this establishment registered as: Commercial,Industrial?
What is its line of business:IT,ITeS,banking etc?
How many maximum persons are employed in it at any point of time, before and after 2015?
Did you record the threats (audio/visual/minuted/witnessed)?
The Redg Office, Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy that are mentioned in the appointment letter?
What was your monthly salary?
Was any appointment letter, salary slip of each month, PF number with a/c slips, ESIC card,Form16 given to you?
What is your designation and nature of duties? Did you have power (not just recommend)to sanction leave/increment/appoint.terminate? Can anyone cancel your recommendations?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post) , and mention NO tasks are pending at your end and to whom you should handover the charge?
Has acknowledgment of notice of resignation, supplied to you?
Are you a member of any employee’s/Trade Unions?
