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amarjsaikia (software engineer)     20 December 2012

Company asking me to submit original relieving letter

Dear All,

I need a suggestion from you.

I have joined a new company couple of days back. Everything else was fine, however, the new company is asking me to submit my  Relieving letter & service certificate of the last employer in original. They are telling that they will return the same when I will leave the company. They are ready to provide me a letter stating that they have kept my original certificates. So, what I should do now? Should I go ahead or should I join another company? I do have another offer in hand.

Please help.

Regards,

Jyoti



Learning

 2 Replies

Kumar Doab (FIN)     20 December 2012

It is felt that the original certificates of the employee are property of the employee and no employer can have any lien on it.

The employee can offer to provide attested/notarized copies and even show the original for the purpose of marking OSV by employer. The employee should not surrender himself/herself and fall in a situation where he /she should have to compromise later and feel enslaved.

This is a trend which is being started by employers to retain the originals. In case an issue crops up employee may have to resort to litigation to get back his own certificates.

 

Even if the company is willing to provide acknowledgment of the originals you may offer to provide the attested/notarized copies and show original for marking OSV.

A reasonable employer should be satisfied with it.

Ask them to issue a communication to you in writing expressing the intention of employer to hold your originals.

Although company is willing to issue acknowledgment it may not agree to issue a written demand for keeping originals.

 

You may evaluate your choices, and proceed as deemed fit.

 Valuable advice of learned experts/members is sought.

Adv k . mahesh (advocate)     22 December 2012

i am convinced with the saying of Mr.Kumar

first you should enquire about the same with your co-employees that they also submitted there certificates 

once you submit the certificates in original and takes the aknowledgement then you are bound to work till they relive you from job and not on your terms say after submitting the certificates and takes the acknowlgement and by your efforts if you get very good job then this then the problem starts they may not relive you and may harass you to give you the certificates and may demand some months salary in return to relive you from job

take elders views on the same and the experts of this forum and decide 

best of luck 


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