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Dear Seniors,
I have joined with a recruitment firm 3 months before.One of their conditions in the interview was i need to surrender my educational certificates to them for a period of 1 year. I agreed and surrendered since i didn't bothered on any other things.
Now , i noticed that the management is not systematic in any kind of dealings right from recruitment,collections,terms etc .they are not providing a good policy for employees also.Its actually a family run business.
If at all i give any suggestions also they are not considered.I have been tightly packed here.
I want to come out of this company but since my certificates are lying with them i am not able to come out.
Pls let me know the procedure of getting my certificates i.e 10th,12th and UG certificates in the university so that i can comfortably come out from this company.
regards,
Kumar
22nd April 2009 From India, Madras

Rajanassociates
Legal Counsel
Ash Mathew
Recruitments, Training`
Chandan2ykpankaj
Manager - Hr
Balaji.venkatesan
Payroll, Statutory Compliance & General
VivekSreeram
People & Organization
Blue.sky1
Consultant
Karthikeyan Varadharajan
Counselling; Training & Development
+7 Others

Dear Kumar,
It is little weird that u submitted your certificates? usually people sign bonds, any ways the employer doesn't have any right to withhold your certificates, have u signed a bond with your employer? if so does it have a termination(separation) clause in it.
If you have not discussed your separation with them, U can talk to them about the situation, and tell them directly that u are willing to quit and its better u explain them the reason and also tell them that u will serve relevant notice period and u want ur certificates back...
22nd April 2009 From Oman, Muscat
Dear Kumar,

Think before you decide to quit. Not everywhere else things are fine. FInding a job is difficult now. Policies are a matter of problem everywhere.. you will face challenging situations everywhere.

As of now - I suggest that you work here and simulatenously look out for an opportunity (if thats wat u have ultimately decided), and once its confirmed that you are getting a better and SAFE job, discuss with ur current employer.
You need not have to state that you have a better offer - becos, trust me they will not give ur certificates to u without some large amt of begging- and they will hold so much anger in their mind.
Just say that at this point you want to do higher education (u can also try that option - a part time course) and u may not be in a position to continue with them.

In this way - frustrations are reduced. And, to be on the safe side, also go for a part time course that can add value to your career. You will lose nothing with this regard. And next time - be careful, dont give ur originals to anyone at any cost - reason - simple - You are still idoing part time courses and originals are with institutions. You can say this.
22nd April 2009 From India, Madras
Thanks Mr.Vivek,
I have signed for a period of 1 year.If at all i am withdrawing from them i need to pay 3 months salary and serve 1 month notice.
I would like to know whether i got any other option of getting the certificates apart from getting it from employer so that i can quit easily.
Pls let me know. i am frustrated.
regards,
Senthil kumar.G

22nd April 2009 From India, Madras
Dear Asha,
Thanks for your suggestions.
I have signed for a period of 1 year.If at all i am withdrawing from them i need to pay 3 months salary and serve 1 month notice.
I would like to know whether i got any other option apart from getting it from employer so that i can quit easily.
Pls let me know. i am frustrated.
regards,
Senthil kumar.G

22nd April 2009 From India, Madras
Contract is invalid.
There is only - either serve the notice period or pay the notice amt.
If its taken lageally from their end - nothing to worry, as they are the people in trouble for creating an act with no base or connection with current legal acts.
I think its better u get from the employers - its ur certificate that u have struggled to get by putting in efforts for years. Not a toy for them to scare you. Trust me - they need to be frustrated if they with hold ur certficate, not you. Because, legal actions will support to you.
And BTW - ur contract is self is void.
Lets wait for other seniors to suggest, esp experts in labor law

22nd April 2009 From India, Madras
Hi
If you have signed a bond, let us know whether you & your employer have the same copy signed by you both. As for as i know, if it is followed in your case, we have to move legally.
Most of them not practice it & have a single copy signed by you & the employer have it. If it is the case ,it is not valid.
Regarding the Certificates, It is legally offence,though you signed the bond, the certificates may be got back,by moving with the helpf of the local police;that they are not providing me the Certificates for my higher studies.
And we can face the bond issue separately.
Think it over and decide.
Reagrds
Karthikeyan.V
22nd April 2009 From India, Bangalore
Dear Mr. Kumar,

Any organization can keep the original qualification documents and signed the bound only after providing prospective training for utilizing higher efficiency of the employees. Even after not providing any kind of training how they can have your original documents??. That is very illegal practice. It is very shocking that how you were not bother about anything before?.

Well, you can ask them politely to give back your original documents for further studies. Be calm and have patience. If they refuse to give then no need to talk more to them – go to the labour court or local police they will definitely help you.

I am much agreeing with Ash Mathew.

After getting your Original Qualification Documents they can put pressure on you but they are not stand on legal ground.

Regards

Pankaj Chandan
22nd April 2009 From India, New delhi
Dear Mr. Kumar,
I am also agreeing with pankaj why you were not bother about your certificates before not only you many persons doing like this. ok no issue first you talk politely to your employer if no response from there means you may approach your local police regarding this surely they will help you.
Thanks,
Balaji Venkat
22nd April 2009 From India
Dear Kumar,
I do agree with Mr. Karthikeyan that, holding the certificates and signing the bond are the two separate issues.
Secondly I also agree with Ash Mathew that the bond signed by you is void.
As suggested by Mr. Pankaj Chandan, you ask your employer politely to return your certificates and to relieve you. If they refuse
1. Lodge a complaint in the local police station for recovering your original certificates.
2. As the bond signed by you is void , you dont need to bother for it. Let the employer go in the Labour Court.
Thanks
22nd April 2009 From India, Pune

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