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Employers demand original certificates - Is it legal?

Page no : 2

badrinath (Sr.Manager-human resources)     05 June 2009

Mr.prabhakar is absolutely  correct. employer has no  business  to  retain  the original certificates.before offering employment, the employer can check  its genuiness but keeping the original certificates with him is "unetical".

if the employer finds that the employee has joined the company with fake certificates,  the employer can terminate him.  the question of  advocating for  employer  or employee  side never arises here. its the  question  of  law  and  not  advocating any side.

Rama mohan Acharya (Manager HR(Legal))     18 December 2009

I also in agreement with Mr. Prabhakar.By means of retaining the original documents , the employer is restricting your right for employment and your freedom.Hpwever if it is a condition of the appointment offer and accepted by the employee than the matter will be treated differently.

S h i v a (Legal Pro)     01 July 2010

It would be of great help if some one helps with some decided cases on this topic?

Kumar Doab (FIN)     05 July 2010

At the time of your appointment you may handover the notarised copy of your

Testimonials to the concerned person of the company and if required show the originals.

You can ask the concerned person finalising your joining to take out a photocopy from the originals in the office and varify it with the originals and confirm that the originals are seen and varifed.

If the company states that they need to keep the originals for varification, ask them to use the notarised copies/seen and varified copies.

You can mention in your joining report that you have joined duties after completion of formalities e.g........ and that your original docs e.g.... are seen and varified by the concerned person name... and following documents ..............are received by concerned person name...

 

Your original docs are your property.

As a matter of fair practice you can ask all establishments e.g a bank to supply you copies/certified copies of all docs submitted/signed  by you.

Kumar Doab (FIN)     05 July 2010

At the time of your joining the you can submit the notarised copy of your testimonials and if asked show the originals.

You can ask the concerned person to take out the photocopies in the office and varify with the originals and mark "seen and varified with the originals" on the photocopies.

You can mention in the joining report that the following documents e.g............are seen and varified with the originals by the concerned person name ............ and following docs ...........are submitted by you as your testimonials in the shape of  photocopy/notarised copy/true and attested copy

If the company wants to varify they may be asked to do so by usig photocopy/notarised copy/true and attested copy

Your original docs are your property.

As a matter of fair practice you can ask the establishment to supply you copy/certified copy of all forms filed up/signed by you and all docs submitted by you. 


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