Keeping original certificates
Srimadhavi
(Querist) 07 March 2010
This query is : Resolved
Hi
I would like to know
1) can the employer insist on deposting the original educational certificates to him? is it legally correct?
2)I have signed an agreement with my employer on a 100 rupees stamp paper accpeting terms and conditions. what addtional advange employer gets by keeping certificates?
thanks & regards
B K Raghavendra Rao
(Expert) 07 March 2010
They are the terms of employer for offering you the employment. The only intention of the employer is that you shall not quit the job abruptly or to the disadvantage of the employer. Hence, the employer has retained your original certificate. It is perfectly legal as you have accepted the terms and voluntarily offered the certificates.
If you have to go in for other jobs, continue studies etc., you need original certificates for verification in which case the present employer would have a hold over you.
Y V Vishweshwar Rao
(Expert) 07 March 2010
I agree with lrd friend .The situation is well expalained by MrB K R Rao
Guest
(Expert) 07 March 2010
i do agree with Mr B K Raghavendra Rao.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
The employer cannot retain the original education certificates and such an act cannot be said to be lawful. As rightly suggested by Prabhakar, if the employer wants to safeguard his interests he may have provision of notice period or damages in the agreement but retention of original educational certificates is not permissible under any legal provision.
Kumar Thadhani
(Expert) 07 March 2010
YES I AGREE WIH EXPERTS MR. PRABHAKAR ANDMR PARVEEN.
niranjan
(Expert) 07 March 2010
We have come across incidents that manuplated true copies are submitted and job is got and some times after many years of service the truth is revealed that true copies are fabricated.Because of that now even the govt.is inclined to give employment on contractual basis and keep original cert.But in contract,instead of keeping original cert.if provision of damages of specific amount is inserted or surety is obtained by the employer,this would keep both on track.
B K Raghavendra Rao
(Expert) 07 March 2010
It is a contract between the employer and an employee. If an offer is made by the employer that he is going to offer employment on conditions such as deposit of original documents, it may be either accepted or refused. When once accepted, there is nothing illegality about asking for original documents for retention by employers. If logic of other experts are applied to the case of borrowing of loans from banks by deposit of title deeds, then all the banks in India need to be closed down.
Parveen Kr. Aggarwal
(Expert) 07 March 2010
Mr. B. K. Raghavendra Rao,
There is a fundamental difference between a loan transaction and employment contract. In case of loan, a charge is created over the property of the debtor in favour of the creditor and the creditor has a preferential right to recover his debt first from the property. In case of employment contract, there is agreement for rendering of services and no charge whatsoever is there on the educational qualification or testimonials of the employee. The employer has no right to retain the originals.
Y V Vishweshwar Rao
(Expert) 08 March 2010
At the time of Admission in B Tech/ other University Course all the Original Certificates of the Students are required to be deposited with Eamcet Authorituies if it is convenor Quota and with Collage Authorities if it is Management Quota . After Admission , the Student is restrained from availing other best opportunites , the situation in above- Exployee deopositing Certificates with employer and Student depositing Certificates with Collage are both on the same logice and purpose .
B K Raghavendra Rao
(Expert) 09 March 2010
In both the cases whether bank loan or employment, security is the foremost concern. Common factor being security, authorities would like to ensure performance of contract with least risk. Therefore, insisting and retaining original documents so long as the employee is in service is not illegal.
Srimadhavi
(Querist) 10 March 2010
Ok, let me add some more information. There is a condition in the agreement where either party has to give 3 months notice to terminate the employment or 3 months salary. The agreement was signed both by employer and employee.
Now this condition should safe guard both parties. am I right? in such case how come employer insist on to deposit original certificates? unfortunately to accept the job, one has to sign the contract.
B K Raghavendra Rao
(Expert) 11 March 2010
Imagine you do not honour the clause and abruptly resign and leave the company. Then as per the agreement, the company has to file a suit against you either for specific performance of continuing in your service till the end of three months' notice period or for claiming costs and damages. You know that entering into court for solution is not only expensive but also time consuming and ultimately the result is not known. Rather than this, is it not better for an employer to hold your certificate and compel you compulsorily to give three months' notice which is very simpler and cost effective? For this reason, the employer indulge in such terms.
P. Venu
(Expert) 14 April 2023
Higher Educational Institutions cannot demand fees for more than one semester/year. So alao, they cannot retain original certificates. Succinct instructions in the question of refund of fees have been issued by UGC which could be accessed at https://www.ugc.ac.in/pdfnews/5437737_UGC-Notice-reg-Fees-refund-Eng.pdf
Read more at: https://www.lawyersclubindia.com/forum/refuse-to-returning-my-original-documents-224530.asp
