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Vidya Joseph
Good Morning All,
Our's is a manufacturing company & these days am finding difficult were the employees just abscond.
Few management team have advised me to collect original certificate & store it safe for a period of 3 years as per our company policy.
Now my concern/doubt is can a employee go legal incase (unfortunately) certificate goes missing or after some period of time if they demand their certificate back & if we refuse.
Regards
Vidya

From India, Bangalore
sgurwe03
24

Hi,
I would like to suggest, that you may keep the originals for short term basis, untill the documents gets verified from the issuing authority. Keep the xerox copy with you with proper assistation from concerned authority.
Keeping the original documents with is, quite riskful. so it will be better to adopet the same.

From India, Nagpur
shwe11
15

Hi Vidya,
I don't think so there would be any legal implication on keeping the origional as i know some Companies are already doing this...but You need to ensure that documents should be kept in safe...
Only for verification you can keep and that can be for two months only as this time would be enough to prove the authenticity of the letter...
Hope that this resolves your question
Rgds/Shweta

From India, Coimbatore
parasurampur
5

Holding the original certifictes is no a crime. But not returning the originals in time will definitely attract legal action. Some employees may claim huge amounts citing the reason that due to non return of the original certificate he/she lost so and so opportunities and hence he/she should be compensated.
So, it is not advisable to keep the original certificates of an employee.
To achieve your goal you may withheld some amount from CTC (stating as incentive to be paid at year end or so).

From India, Hyderabad
shravanskumar
if u get into legalities, upto my knowledge no company has right to take the original certificates of any candidate. Which means company is bonding an employee in indirect manner. Even if u consult any labour consultant he/she will say the same....
anyways.... good luck..

From India, Hyderabad
Vidya Joseph
Thank you all, i would take up the advice of Mr. parasurampur & also totally agree with Mr. Shravanskumar that as per law we cannot bond the employee after certain period of time. Regards Vidya
From India, Bangalore
sudheendra belavadi
1

hi it is not advisible to keep orginals with hr dept even company cannot make policy on this (keeping orginal ) it can be shottime for varification purposs its noting but forced labour .
regards
Sudhi

From India, Bangalore
rajanassociates
50

Dear
The question is " Original Certificates except for comparison cannot be retained.It is like someone holding a property which does not belong to him. You may get into legal issues if you openly claim as you are doing it.
With Regards
V.Sounder Rajan

E-mail :


From India, Bangalore
bk_dilip
4

Well, u must would have read lestablishment & labour related artciles as well, if not you can go throuhg some your own.
It is really wrong doings by the company or its management,its like in British Era? It sounds like you are taking people for granted,and making them your slaves? Just think and imgine yourself, what is your opinion about it.
Well, otther people have already replied ur query rest think about urself.
Regards
Dilip
Bangalore


SUBODH KUMAR KASHYAP
dear,
It is not legal to take original document of an employee . the companys policy is wrong. If u take their original document for three years and supose you left the company than who is responsible for taking the responsible of original document of the employee , if their document where lost by the company and you left the job , if company say that you lost the original document while on duty than what hapen to you , on you FIR will be filed.
so please do not engage in bad practices
thanks
subodh

From India, Delhi
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