Original cerificaye
Querist :
Anonymous
(Querist) 03 October 2022
This query is : Resolved
Hello
My resigned from school in the middle of the year and unfortunately I could not able to serve my notice period and in an agreement (it's not in stamp paper) if employee cannot serve notice period than he has to pay 3 months salary. So I have to pay 3 months salary now. So my question is that is it mandatory to pay 3 months salary because if I don't pay them 3 months salary I won't get back my original certificate which is with them. Pls advise
kavksatyanarayana
(Expert) 03 October 2022
If there is such a clause, you shall pay the notice period amount. Otherwise, they may not give your certificates.
Advocate Bhartesh goyal
(Expert) 04 October 2022
Yes, if such condition exist in agreement then you are abide by condition and have to pay the notice period amount else employer would not return you your original documents.
P. Venu
(Expert) 05 October 2022
In my understanding, such a condition is void in as much as the Original Certificate is the property of the person concerned and employer has no right to demand or keep the same in his custody and use the same as a bargaining chip to enforce the terms of the contract. The action of the employer amounts to coercion, a criminal offence.
Pradipta Nath
(Expert) 06 October 2022
Yes pay them 3 months salary, but the school's conditional holding of original certificate is against public policy. If you challenge it, the School will loose.
P. Venu
(Expert) 06 October 2022
The best option is to seek intervention of senior police officers or executive magistrates. A simple phone call from any of them would solve the issue. This is my experience.
T. Kalaiselvan, Advocate
(Expert) 07 October 2022
Recently, there were reports in the mainstream media that a young assistant professor who worked in a private college in Tamil Nadu committed suicide after the college allegedly allegedly refused to return his academic certificates that were retained by the college authorities at the time of his joining the institution.
AICTE has issued a public notice stating that it is illegal and unethical to withhold employees’ certificates. It has even issued a warning that it would withdraw the approval given to the colleges that flout the rule.
Some institutions collect all the certificates including mark sheets and retain them, making it really hard for the staff to apply for any other job during the academic year. It is true employees have a tough time recovering their certificates from their employers in many educational institutions, when they decide to quit their jobs.
If the employee has signed an employment contract s/he has to abide by the terms and conditions in the contract and legal action can be initiated by the employer against any employee who violates the contract.
Certificates are the intellectual property of those own them. Retaining the certificates of employees is akin to depriving them of their rights to own their property.
Thsu you may abide by the contractual conditions and get back your certificate, failing to return your certificates you can sue the school management through court of law
Querist :
Anonymous
(Querist) 08 October 2022
That means employee has to pay 3 months salary to employee??
P. Venu
(Expert) 08 October 2022
It is your choice. You may as well serve an advocate notice and/or register a police complaint or approach the adalat functioning at the local court.
