Anchit 26 August 2015

Employer keeping original certificates

Hi I want to ask if it is legal in India for an employer to keep original 10th and 12th class educational certificates. As i was told at my appointment that you can't get a job in our company if you don't submit your documents. I did so on good faith because this was my first job, HR told me that even AVP of the company has submitted his documents. After couple of weeks only i found that it was all lie, they just press your buttons, who so ever gets trapped submits it otherwise he joins without submitting it. He also told me i can have them anytime i want, now i wrote them a mail that i need them for attestation, they are saying that you need to give two month salary cheque against your certificates as a security.. Is this even legal? I wrote an email to HR, marking it to my personal ID, that why did you lie to me with copy to management, but he is not replying on mail. What should i do? Is it legal?

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6 Replies

Anchit 26 August 2015

And one more thing, nothing about certificates is mentioned in the appointment letter. Kindly advise.!!

Anchit 26 August 2015

And one more thing, nothing about certificates is mentioned in the appointment letter. Kindly advise.!!

Anchit 26 August 2015

And one more thing, nothing about certificates is mentioned in the appointment letter. Kindly advise.!!

Sudhir Kumar, Advocate (Advocate) 27 August 2015

it is extortion.

people like you voluntarily walk in trap and have to suffer. You certainly be having no proof of submission of documents.

Anyway apply for duplicates from Board office as per whatever procedre they lay down

Anchit 27 August 2015

I do understand it was my fault. Working to rectify it. I do have receiving of the documents they gave me.. That they are keeping my documents and stuff.!!

kameswarao S (Head HR) 27 August 2015

Dear Anchit - appreciate you in accepting the mistake. In most of the cases I have seen the people will sign blindly on all the papers asked for in the hurry of getting a job and blames the HR & Management afterwards.

Some of our friends only are responsible for this type of a culture adopted by the Management. I have litterly seen some people having the offer letter in hand and attending further more interviews or threatning the Management for hike of the salary or leaving. The organizations also can not afford to accept for abnormal hike because they have to loose more number of employees in case they accept for abnormal hike of the salary of a single employee.

Now a days in the competetive word some of the Employers are not bothered for Service / Relieving certificates and back ground verification hence the employees are not bothered about the notice period / proper handing over of charge or assets etc.,. in this given scenario the employers are practicing a different ball game like Service Agreements / Bonds / Surities / bank guarantees / Post dated cheques / holding certificates / holding on probation for longer periods etc., however these are limited to very few organizations and ethical employees and employers are excluded from this practice.

Coming back to your case as they have given you the acknowledgement hence you can approach the labour department under the concept of bonded labour but this will severe the relationship. If your requirement is genuine then approach the senior managment or else issue a post dated cheque obtain and return.

Experiences are the results of the activites or acts and it is applicable for the both ie Either for Employer or Employee.

Let me also clarify you that I didn't own any industry / office ie., I am not an employer but yes I am an employee.

Thanks for the opportunity