No company has authority to withheld anything of the candidate....
Neither they can refuse to give original certificate back nor ask for two months salary....
There is no such law prevailing...
You can ask your friend to convince them for giving certificate back....if they do not agree then you can definitely take some legal actions...
You have not mentioned whether there is any sort of bond with the company or not....
To my mind, Company cannot do this to your friend..
27th May 2008 From India, Vadodara
Did your friend got any offer letter or appointment letter from company?
If yes, then you`ll defiantly get some clues to deal with this matter.
I found few company's keep original certificates of marketing candidates. It is just for precautions taken by company that marketing person, who are on field, should not abscond by taking company`s property. But as your friend had been joined for HR then how can they take original certificate from him? What offer did he got as Executive HR or Executive Marketing?
Ensure that your friend has no due against company.
You just read carefully all clauses in offer/appointment letter , accordingly try to show them that your friend is not wrong otherwise you can just warn company that your are going to take legal actions.
27th May 2008 From India, Chandigarh
Ofcourse they have mentioned the probation period for 6 months,if a employee absconded service without any notice the employee has to pay 2months salary back.How it is possible!Now my friend called them and asked about certificate that HR said first pay 2 months salary.How can we give??????.Shall i ask him to deal this matter with the help of advocate.
Thanks in advance
28th May 2008 From India, Coimbatore