Regarding original certificate demanded by work place
Querist :
Anonymous
(Querist) 02 March 2020
This query is : Resolved
Hello sir,
I am working in a mental health setting while joining I was asked to submit my original certificates. But I think I have studied that no companies or institutions should keep their employees certificates. I just want to know is there lang act which mention that companies are not allowed to take employees certificates in their custody it's illegal right
Sb Karma
(Expert) 02 March 2020
This is illegal as per Indian Constitution because it is termed as Bonded labor which was abolished in 1947.
Even though Employer and Employee are in the written agreement for such type of contract, it will be considered voided.
However Employee and Employer can entered into the agreement for notice period with at par condition e.g. Three month notice from both side.
Raj Kumar Makkad
(Expert) 02 March 2020
As a legal point of view, he has no right to seize original certificate unless the company’s policy says so. The employer can not keep original document without consent of owner of that document. Some employers do keep original documents as security against an employee absconding. However, in that case the employee is at the mercy of the employer when he wants to leave. It is advisable to take Proper acknowledgment from them if they want to keep the documents for verification. The acknowledgment should be on letterhead of the company under the original seal and signature by hand of the competent employer of the company preferably the authority that has signed appointment letter, stating the intent, purpose, reason for retaining original documents, and period for which these are to be retained. An employer cannot force you to work in the company without your consent.
P. Venu
(Expert) 02 March 2020
Yes, the demand is not lawful.
Rajendra K Goyal
(Expert) 16 March 2020
You can give originals for verification and returning after 15 days or so. Take proper acknowledgement. Take up the matter if documents not returned in time.
T. Kalaiselvan, Advocate
(Expert) 20 March 2020
The employer can not keep original document without consent of owner of that document. Some employers do keep original documents as security against an employee absconding. However, in that case the employee is at the mercy of the employer when he wants to leave, an employer cannot force you to work in the company without your consent and therefore cannot hold back your original certificates.
