ellendula
2

Hi Guys, Whether collecting the original certificates as security from employees is legal or illegal. Giving Acknowledgment is correct or wrong. Thanks, Kumar
From India, Hyderabad
Satish Gopale
Its demotivating to the new joinee. Its illegal. If you are hiring them, then hire with a faith into them. Otherwise, don’t hire.
From India, Mumbai
pawan.krish
1

Hai.,
Its one of the practice followed in HR, now a days, If you want take Certificates you should follow proper procedure and documentation.
1) In Written Agreement with Terms & Condition which are both parties must agree.
2). Give Acknowledgment what ever you received for the employee.
Kumar

From India, Hyderabad
malikjs
167

dear kumar
it is illegal to hold someone documents and keep them in your custody.
it is a criminal offence and FIR can be lodged against this practice.
you are worngly retaing someone property with dishonest intention.

From India, Delhi
sharmaneesu
5

Dear Malik Sir,
I also came across few of the companies specially securrity services do take originals from filed officers in form of security as filed officers deals in cash distribution of the organisation. sometime they carry 10-15 lac. cash in one day. but after a fixed period let say 6 months of services companies return these documents.
regards,

From India, New Delhi
arunkumar
8

It is not proper and is also illegal to retain the original documents of the candidate.
This practice reflects on the bad ethics that the Company follows - To be avoided at all cost if the Management is wanting to project a fair and clean image of itself to its employees and to the public.
Regards
P.Arunkumar

From India, Bangalore
anil.arora
663

It is illegal my dear becuase one wont be able to produce these docs if he/she needs for further use and Im agree with Mr. Malik that it is a criminal offence.
From India, Gurgaon
Pandiyarajan
Dear Kumar,
It is very bad collect and keep other's documents, as every one said it is offence and FIR can be booked on this, also it is bad ethics & pracitice.
Please don't do it
With warm regards
Pandiyarajan
Project manager- GT electronics

From India, Madras
octavious
575

Dear Ellundula

It is not illegal, but it is illegitimate to do so. I have time in and again stated that recruitment comes under the ambit of business risk, without taking this risks no company can work at any time.

Also if the document is misplaced, or damaged, then the person to whom the document belongs can sue your company for negligence and also for theaft.

As the case would be against company, it would amount the directors to be answerable.

Also just because few HR people did start some practice doesnt mean, that we have to follow the same, and if there is need to follow then follow practice that are good and sustainable.

By collecting original documents, the company is not only increasing its cost of recruitment and asset management, but also incurring additional legal liablity which is not required to be incurred at all.

And either ways the company cannot retain any of the original documents even if the candidate leaves company without proper formality, because as per law the employee is the owner of the certificate and you are just mere caretaker to whom, it has been given by the employee for safe keeping.

So think do your company want to go from all this troubles or keep it clean and free recruitment proceess

Regards

Octavious

From India, Mumbai
animeshd1983
1

Dear Kumar,
It is illegal to keep original documents from Employees. You can ask them to provide attested proofs while joining or you can personally check their original documents and keep the photo copies with you.
Regards,
Animesh.

From India, Calcutta
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