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jonagreen
hi.my previous employer refused to release my original marksheets even after one and half year.i had already sent even 2nd reminder but till date got no response.i need help and advices pls.
From India, Kolkata
boss2966
1166

Dear Jonagreen
Hope you are having the receipt of the Original Certificates by the employer. If you have then please take the same alongwith the other correspondence you made to get the original documents back and your offer letter, salary slip, resignation letter and its acceptance, relieving / clearance letter and your F&F Settlement details to some good lawyer, so that they can help you in getting the certificate back. Even you can approach the local police station which falls in the jurisdiction of your ex- office and file FIR, so that they can initiate action against the company/

From India, Kumbakonam
deepakvasudevan
3

Holding the document is against law. You need to approach a lawyer to take the employer to the court.
From United States, Arlington
karunakaran24
58

Are u permanent / Temp employee in the company..... let me know so that we can sujjested ... if not you can meet Labour officer for regarding the same...
From India, Bangalore
jonagreen
thanks friends. my former employer was a private finance company. i had served for 5 years. there was no permanent employment none was made permanent.l got a new job in a rural bank and so i left the job.i have all copies of my resignation letter,reminders and agreement for submission of my marksheets. in the agreement it was stated that after serving for 3 years all marksheets should be returned to the concerned person but none was done. the only mistake i made was that as per company rules i have to give 3 months prior notice for resignation but i got the new job all of a sudden and left.as per rules action will be taken by higher authority but there was no specefied actions detail. there was no contract or bond signed either.one interesting things is that i received audit report explanation called to clerify account discrepencies within 3 days otherwise my marksheets won't be release. promply i submitted explanation clarifying all account discrepencies after that i don' get any further respond. i even sent 1st and 2 nd reminder but got no response till date. i don't get my last 25 days salary and there was no epf provision in my former company.so friends shall i lodge fir or sent legal notice or what would be the most appropreite step.
From India, Kolkata
talentsorcerer
89

Lodge an FIR, claim your marksheets were lost. Apply to the university for another one.
From India, Mumbai
vivaek
26

Hi,
My suggestion is to contact your area Dy. Commissioner of labour, whom can help you. Try to identify the said officer and have a discussion with them. So that they will be in a position to help you in getting your certificates
All the best.

From India, New Delhi
Gurgaon HR
94

Dear Friend,
No need to get panic even being panic will not give you results.
What you need to do is just send mail to the top of the management of that company who holds your documents in original. Specify clearly that you already requested but got no response form the said department and if you will not get your originals back you will go to labour court and also file an FIR against them. Give them time line - say 15 days.
Sure you will get the response in a positive way, and If not, take the printout of the same attach your proof of job like appt. letter, payslips, bank statement where salary credits etc. and approach to the labour court with no wastage to time.
Chill HR!!
https://www.facebook.com/HRGang

From India, Gurgaon
sushilkluthra@gmail.com
221

Dear Jonagreen,
I hope you have certain proof of delivery of your mark sheet to your employer. You also seemed to have sent them reminders to return these. Your mark sheet is in the form of a property which you had entrusted to your employer and now since you are demanding return of these, he is declining to do it. He has committed offence of section 406 IPC. Send him legal notice on these lines thru an advocate. I hope he will return the documents or file criminal complaint or lodge FIR.

From India, New Delhi
Kamal Datta
40

One of my friend rightly suggested to lodge a GD in your local police station stating that your marksheet is lost from your house ( Don't expect police to lodge FIR for a marksheet , because in India Rape case complaints are denied by the police , so GD is good enough ) then apply for a duplicate marksheet from your University. It is the most smartest and easy way. Going legal is not good in every case..it is costly , time taking also.

Please don't try to lodge any complain agaist the company in the police station. Your company have money , they can easily make the thing against you by using money power. Just lodge a lost complain.Make an application addressed to the Local Police station incharge, stating that your marksheet is lost from your house. Go to the police station with this application (in duplicate ) along with a photo copy of the marksheet ( if you have ). They will just noted it in their general diary and give you the diary number with the rubber stump on that application. Then apply for duplicate in your university by submitting that GD. It can waste your one or two days time. But going through legal way can waste your N number of days and money too.

All the best.

From India, Kolkata
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