Employers demand original certificates - Is it legal?

 This can not b said tobe a harassment. Its a Company Policy and there is nothing wrong....if they insist for the Originals in order to issue Appointment Letters.

Qualification is not only a criteria to see the worth of the candidate with certificates, candidates capability and calibre is most important towards the work.  However the policy varies firm to firm.

Nirav is right. I agree with him and Pantalu

Well, my basic question is unanswered - Is it legal to retain certificates?

Moreover, don't you feel it's unsafe to keep your certificates with someone else?

Its all about Company Policy. I dont think there is any statutory act for allowing or restraining thsi practice. Yes...Company cant retain it forever but surely they can for a limited period  of time in which case I dont see anything wrong. 

Yes. it is not at all illegal to retain your certificates.

No. it is the legal duty to safe guard your certificates

One thing you can do, insist on acknowledgement for all your original certificates mentioning..

It is totally illegal to keep your original certificates.  At the time of appointment, the employer can see the originals for verification and verify it with photo copies and keep the photo copies with him and give the originals to you.

My learned friends are telling that if company policy permits, company can retain it.  If there is such a policy, it is totally anti public policy and infringes the fundamental right of the employee to apply job somewhere else and requires to be struck down.  Further, I argue that under what laws can employer keep the employee's originals?  Neither the model standing orders nor certified standing orders allow such provision. 

Now,  being an employee and is in a weak position in employment agreeement, the employee cannot force the employer to do things legally.  The job is at stake.  Hence, he meekly surrenders.  But that does not make the act of employer legal.  To solve this problem temporarily, get a duplicate originals for applying to further jobs. 

Mr. Prabhakar and Dr. Tripathi,

Thanks for your reply.I always felt it's illegal but people always contradicted me with arguments somewhat similiar to other replies in this post.

Now, that it's illegal, how can I substantiate my point when a employer asks for original certificates next time. Could you please point out the law/fundamental right which says it's not correct?

Furthermore, if caught in such a situation how can one legally compel the employer to issue appointment letter without submitting original certificates. Should one file an FIR or directly approach court ? And which court one should see- district court, high court or some other court?

It would be great if you can spare some of your time and give an elaborate reply.

Thanks a lot!

 Still i would not say it as illegal.

Constitution though provides for freedom for trade and profession it also provides for a restriction that an outgoing partner may be debarred from caryying on the same business for certain period, for certain location.

Contrary views are alyaws being looked for.

Well Mr.Nirav,

Your post made me believe that constituation deoesn't give a specific guideline in this regard. It's like after seeing the TV replay Umpire is unable to decide whether batsman is out or not out.

So, I would like to take the benefit of doubt and would like to convince an arrogant employer next time that it's unfair if not illegal. ( Read 'unfair 'as something that's not prohibited by law but doesn't appear fair in normal circumstances)

Could you help me substantiate this point rationally ?

Again, with due respect, I totally differ with Mr. Shah. Locking up the originals of employees by employer is not just unfair it is totally illegal and amounts to harbouring the 'bonded labour system'. Article 19 (1)(g) provides a citizen to practice any profession, or to carry on any occupation, trade or business. The employer is infringing the right of employee to practice the profession or occupation of his choice with some other employer by keeping the original documents with him. Now this is a fundamental right. This right can be restricted by the State Article 19 (6) by making a law in the interest of the GENERAL PUBLIC. No law has been made either by the Parliament or State Assemblies empowering the employers to impound the originals of the employees. Now, original documents are the property of the employee, the burden is on the employer to show the employee the existence of any law, bye-law, rules, notifications etc. allowing him to keep the original documents of the employee while issuing the appointment letter. As there is no such law, the employer cannot succeed. Further, keeping the original documents by the employer changes the relationship of employer and employee into one of mortgagor and mortgagee and the original documents become mortgaged property and this is not permissible in service law. The thin differentiating line between the employee and bonded labour is being gradually obliterated if the employer is allowed to retain the original documents. Now, most of my learned friends have seen the problem from the interest of employer and they presume that if an employee abruptly leaves the services, the employer's interests will be in zeopardy. The employer can protect his interest by appropriately framing the clauses in the appointment letter and appropriate damages if his interest is affected (for example, ifthe employee leaves the job during the lock-in period, he has to pay damages of certain quantity, 3 months notice or notice pay in lieu of notice and not taking up any new job within prescribed period in any other organisations, where similar business is going on etc.) But for achieving this end, forcing the employee to surrender originals is not permissible.

Now, how to solve this problem and stopping the employer from his high-handedness? This problem can be countered effectively if all the employees join together and write a complaint to area labour office, asking them to send labour officer to get the originals released from the employer and handed over to the employees. If the labour office will not act after receiving the complaint, file a writ petition in the High Court against the labour department as well as employer. A civil suit also can be filed against the employer seeking  recovery of documents. The criminal case is not a proper solution in this regard. Individual also can fight writ case or civil case, but he will be victimised by the employer by terminating his services.

 Tx still I dont advocate for Employers' stand. See, he needs to satisfy himself with the genuiness of the case and some employers even take a bond for certain period from the employees. See, if in case of requirement there is nothing which compels the employer to retain this. His action can never b allowed to put u in difficulty.  

 Thanks Mr. Prabhakar for your legally worded reply!  I appreciate your line of argument and specific references mentioned therein.