original certificates
siva
(Querist) 03 January 2016
This query is : Resolved
a private company hired me and took my original certificates and made me to give bond for 2 yrs . now i don't to work there due to personal reasonsand asked for certificates. they didny gave them and did nt responded in d right way.bond was written on 100 rs non-judicial stamp paper.they holded my one month salary also. now to get my documents back wat i need to do?
Kumar Doab
(Expert) 04 January 2016
Employee should always consult: elders in the family, competent and experienced well wishers, Employee's/Trade Union Leaders, Labor Law Consultant........................before signing on the dotted line.
You have not done that and now you are facing issues that may take more than reminders.
Your personal problems are your issues and establishment and employer has nothing to do with it! Hope you have understood it from the response of the employer to you, by its actions.
Has the establishment asked to submit original certificates in writing?
Has the establishment issued acknowledgment of original certificates collected by it?
The Bond was created in lieu of what; say some certified training from some certified Instt.?
Do you copies of job advt, job application, interview call letter, offer letter, appointment letter, HR policy/service rules and regulations mentioned in appointment letter?
What is this establsihment: Commercial/Industrial?
How many persons are employed in it?
You ,your reporting office,Redg. office,Corporate Office is located in which state?
What is your designation and nature of duties?
Do you have any power to sanction (not just recommendation); leave/increment/appointment/termination?
Can your recommendations be amended/cancelled by anyone above you?
Does the establishment has its certified standing orders and does it cover your designation?
Or do Model Standing Orders apply to it and your designation?
Whats is the notice period inserted in appointment letter issued to you?
Can employer terminate employment without notice period and/or by tendering notice pay in lieu of notice period?
You have worked with this establishment for how many months?
Have you demanded to return your original certificates in writing? If yes has the employer replied in writing?
Are you a member of employee's/trade unions?
Have you consulted an able labor Law Consultant? What is the opinion of your counsel?
Shall the next employer support you?
Have you firmed up everything in writing with next employer?
Rajendra K Goyal
(Expert) 04 January 2016
Well advised in detail by the expert Kumar Doab. Author need to provide information sought by the expert.
K.S.Srinivas
(Expert) 05 January 2016
The employer cannot retain the original education certificates and such an act cannot be said to be lawful. Retention of original educational certificates is not permissible under any legal provision.
Issue legal notice to the company for release of the original documents.
T. Kalaiselvan, Advocate 
(Expert) 10 January 2016
I endorse the views of experts above that the employer cannot retain the original certificates for any reason, it is illegal. You can send a legal notice and thereafter can drag the employer to court including consumer forum.
