Resignation - original certificates - two month salary

If you are aggrieved by the decision of the management demanding two months' salary contradicting to their employment terms, you may resort to legal aciton by first issuing a legal notice demanding your relieving letter, experience certificate and return of all your original certificates within a time stipulated in the legal notice, if the management is not complying with the demands made, you can escalate the matter before court of law for relief and remedy.

No employer can refuse to return the original certificates taken at the time of joining of the job. If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee. 

Since the management has acknowledged the receipt of your original documents at the time of your joining the employer, the responsibility lies with the management to honour its commitment of returning you the original documents at the time of your leaving the company.

 Does the offer letter is clear about the notice period or salary in lieu of notice period.

Send a legal notice to the management to return your original documents at once.

Complain the illegal action of the management of this company to the jurisdictional Labour Commissioner and apprise the Labour Commissioner of the harassment meted out to you by the company and request him to resolve the issue.

I endorse the advise of learned expert Mr. T Kalaiselvan.

issue legal notice for return of original documents if retained, which do not have any correlation  with termination of service by employee or employer.

Sir, Thanks for your advise.  The management didn't give acknowledgment for the receipt of my certificates. When I gave my resignation letter, the principal denied to meet me and his personal secretary told that the principal made all communications to my HoD regarding my resignation. The HoD asked me to pay two month salary orally and denied to give this decision in written statement. I declined to pay the money. I decided to make proof of my resignation. Now I mailed them my resignation letter and clearly state that as per service condition I am giving one month notice and return my original certificates at the earliest. Also I mentioned that I am not obligated to pay the money. They are not replying to the mail. Notice period ends 18 May, 2023. Whether can I ask my certificates before notice period via legal notice? Can I use the mail communication from my end as the proof for the certificates are with the management?

It is absolutely illegal for an employer to keep original documents of any employee, especially as surety to make him work as a “bonded labour”. The employers can ask for original documents just to verify them with the photocopies and ensure that the original documents are returned at the earliest. If the original documents are required to be kept in the custody of the employer for verification purpose for a day or two, always get a written acknowledgment of submission of such original documents.

Sir, Thanks for your advice.  The management didn't give acknowledgment for the receipt of my certificates. Hence I want to create proof that the management have my certificates. So, I mailed them my resignation letter and clearly state that as per service condition I am giving one month notice and return my original certificates at the earliest. They are not replying to the mail.

Can I use it as proof?

Notice period ends 18 May, 2023. Whether can I ask my certificates before notice period via legal notice?

Can I use the mail communication from my end as the proof for the certificates are with the management?

Since your notice period is one months, you are required to either serve one month's notice period or pay one month's notice pay and nothing more. That apart, there is also a clause which is for payment of advertisement expenses if an employee leaves which in my view is void and vague. Even if you have agreed to this clause, you have lot to argue on this since it is vague and an advertisement cost can be from Rs.100 to Rs.10 lacs. You can easily avoid clause 16a but then management won't give your documents easily and may be you have to take some types of legal actions against them. 

But the problem is that the management has already taken your original certificates which is not only unethical but illegal. Management cannot take any amount/ documents as security deposit. You should have realized this RED flag at the time of joining such company. Since the documents are already in the custody of the company, try to get it out first cleverly.

Please also follow the advices given above by other learned members.   

The original certificates are your property. Withholding in demand of notice pay, rightly or wrongly, amounts to extortion, a cognizable offence.

The best option is in seeking the good offices of the Collector or SP of the District. A phone call from their office will sort out the issue.