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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
From India, Madras
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...
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.
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

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

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

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
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
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
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
From India, Pune
First of all let me know whether you have an acknowledgement to that extent that you have deposted certificates with them, if no, then better to wait till completion of one year.
Secondly the bond is one way or two way, if it is two way, better to wait till one year.
Thirdly do you have any alternative job, if not, pl try for that then you can submit your resignation and politely ask for certificates as suggested by Asha, if not then go legally. If you want to confront, confront all out and don't give any breathing time to the management and even never dare to dream to repeat this activity ie., approach labour, factories, legal, media etc.,
regards - kameswarao
From India, Hyderabad
Please ask employer your certificates or else request University and Board to issue duplicate certificates for appliying to next jobs.
Once you got new appointment then ask old employer to return or else file police comlaint FIR against employer for recovery.
Abraham
From Saudi Arabia
Dear Kumar,

It is not legal for your employers to collect your certificates. Also, the bond itself is not legally valid. Have they offered you three months compensation in the bond, in case they send you out? No service bond can be one sided and will not stand the scrutiny in any court of law.

You have not clarified if the company has given you any kind of acknowledgement for having the certificates with them. If they have given you one, I would then suggest your sending the concerned manager an email (also save a copy in your personal id) requesting him to return your certificates as you are going to pursue higher studies or simply tell them that you need the certificates for getting transcripts from the University. Whatever reply you get from them, please keep it safely and also save it in your personal id. This would help you if and when you have to take legal action or for seeking police help.

Lastly, in retrospect you should have thought over well before you accepted conditions that were illegal and were not in your interests. Please be careful atleast in future.

All the best.
Krishnan
From India, Madras
dear vivek,
Don't be get frustreted,just do a smart trick. Nowonwards you strat like nonperformer don't give any output.over a period of month your employer must realize that you are not suitable or unfit for position.He would ask you for resignation that time you just agree on that on one condition that he should return all your certificates.It may takes little more time but it works.
Regards,
vinayak
From China
Dear Kumar,

Your employer does not have the right to take your certificates, nor do they have the right to keep them for a year. However, as you have already handed them over it may be best to seek an alternative path as they may not return them, even if you choose to specifically request them. Not returning them would mean you would need to take legal action which is expensive and not a cost you want to incur in these times.

Most training organisations keep records of who completed which course and which certificate they were given. You should get in contact with the organisations who provided the training and request a copy of your original certificates. Do this as soon as you can, as many companies are going out of business in these difficult times.

If you continue to be deeply concerned about your employer's practices, it is worthwhile looking for your next position before you leave. The IMF predicts 2009 to be a tough year for employment so you should use your networks to source another position before you leave the current one.

My advice: this is a time for clever thinking and wisdom, not fear.

Louise Metcalf

Dear All,

Original certificates cannot be taken except for verification with the copies. In case, you feel that you will not get it back after you resign, it is better to make a demand for it when you are serving. If you resign also you can collected through the police as the company would be wrongfully retaining your property with dishonest intention.
With Regards



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From India, Bangalore
Hi, you can tell them, that you need your certificates back for sometime as you need to get your passport made, for police enquiry & all . Or else you can give any other reasons. Regards Jagriti
From India, Patiala
hi!!!
As per the provisions of Indian Penal Code retention of Original Certificates & Mark List by the Employer is a Criminal Offence punishable under Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY],406[CRIMINAL BREACH OF TRUST:]& 420 [CHEATING:].
Dishonest missapropriation and conversion of moveable property to their own use needs to be proved under Sec 403.It is the same case with Sec 406 & deception needs to be proved for Sec 420.
I Hope This may help you out..........
Regards
Suru:)
From India, Mumbai
Hi all,
kindly provide a idea that i am joining a new company in there they are asking original certificate.Give me the idea for not giving the certificate to them and explain about the bond.What all be in that.
Awaiting your reply.
Thank You
From India, Madras
Dear All
Employers are nowadays asking bond in the format of the Undertaking&Surety from guarantors in undertaking they put such clauses which they require in the bond also they get that dully notorised from some authority please let me know wheather there is such an example of breaking such a bond beacause clauses in these bonds generally tells that"I am willingly submitting Certificates?" Wheather these kind of bonfs can be challanged in the court of law beacause clauses in this bond indicates that employee is willingly accepting the bond.morever employers mention in the offer letter that you will have to exexute the undertaking
From India, Thane
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