I have completed my MBA and joined a company recently. I was asked to submit my Class 10th,12th,all graduation, and MBA original marksheets which I did (maybe foolishly). I was given a receipt of the documents stating they will be returned to me after 6 months. I quit the company after 10 days during their training period. Now the company is asking me to pay a certain amount to give my certificates back. The excuse they are giving is that they have done some expenditure on my training, even though I have not done full training they are asking me to pay up for the full training. Also, they have not asked for any payment in written form and reluctant to do so. They are also insisting that I pay n cash. I have not raised the matter of my salary till now. I had "NOT" signed any contract/agreement before I quit. I do have a copy of offer letter gven by them.
Kindly tell me what my options are. Any help/advice will be very valuable.
From India, Delhi
Kindly tell me what my options are. Any help/advice will be very valuable.
From India, Delhi
dear
recently mr sunder rajan has written about this,as he mentioned it is offence under indian penal code and emploer can not retain original certificate and mark sheet.these comes under criminal offence under section 403(dishonest misappropriotion of propery),406(criminal breach of trust) and 420 cheating.
please tell them to return your certificate and donot pay anything.otherwise file a FIR
nearby police station.
tks
j s malik
From India, Delhi
167recently mr sunder rajan has written about this,as he mentioned it is offence under indian penal code and emploer can not retain original certificate and mark sheet.these comes under criminal offence under section 403(dishonest misappropriotion of propery),406(criminal breach of trust) and 420 cheating.
please tell them to return your certificate and donot pay anything.otherwise file a FIR
nearby police station.
tks
j s malik
From India, Delhi
Dear Arthur,
This is totally uncivilised and henious crime against innocent gentlemans who inadvertantly trust employers and offer certificates for varifications.
But employers seems are taking these gentlemanship as foolishness of person.
Therefore, they should be dealt with iron hand and should be directly told that either you return my certificates of face FIR and I will claim damages for mental and physical hassashment and financial loss due to your harrashment and loosing another job opportunity to claim salary until I find next job you will pay me salary as damages.
Until and unless threatened them they will not respond you and you will loose your time and money chasing them.
As Mr.Malikjs stated this is criminal offence and they will face big problem.
Rashid
From Saudi Arabia
This is totally uncivilised and henious crime against innocent gentlemans who inadvertantly trust employers and offer certificates for varifications.
But employers seems are taking these gentlemanship as foolishness of person.
Therefore, they should be dealt with iron hand and should be directly told that either you return my certificates of face FIR and I will claim damages for mental and physical hassashment and financial loss due to your harrashment and loosing another job opportunity to claim salary until I find next job you will pay me salary as damages.
Until and unless threatened them they will not respond you and you will loose your time and money chasing them.
As Mr.Malikjs stated this is criminal offence and they will face big problem.
Rashid
From Saudi Arabia
Thanks a lot Mr. Malik and Mr. Rashid. It's really good to see your replies and to know that I really can do something about it. Another small query...As the company will deploy delay tactics, can i get duplicate certificates of the originals kept by the company. I mean is it illegal? Even if it is, what is your advice...should I go for it or not? :mrgreen:
Thanks in advance.
From India, Delhi
Thanks in advance.
From India, Delhi
Dont go for duplicate and anyways you might be having a photocopy of all original certificates, because for duplicates of all you need to visit the board, university and it will be a big hassle, so dont go for duplicates now, follow the advice and I feel with the threatening it will just be done, Just send the email link to the company person and give him some time, negotiate with them, because if they get charged with the penal codes mentioned by malik then it will be problem for them as their name will get spoiled so just try to negotiate with them regarding the FIR,, threaten them and ask them to return the certificates at earliest if they feel threatened then they surely will return, revert back ur case :roll::roll:
From India, Pune
From India, Pune
Hi, I have a doubt in this case, If a lawsuit is done who will be responsible for that is the HR person or the proprietor of the company. Please explain.
From India, Madras
From India, Madras
Arthur,
As said by Mr. Mallick, its legally wrong to retain educational certificates of employees, an employer has full rights to retain a training certificate, which was sponsored by the company, but not the educational certificates gained by yourself.
As said by Mr.Ravi do not go for getting the duplicate certificates as it will be a big hassel for obtaining the same, first you will have to file a complaint in the local police station saying you have lost the certificates, then you will have to submit affidavits, and then approach the university/board to get your certificates, which will take a long time.
As said by Mr. Mallick, its legally wrong to retain educational certificates of employees, an employer has full rights to retain a training certificate, which was sponsored by the company, but not the educational certificates gained by yourself.
As said by Mr.Ravi do not go for getting the duplicate certificates as it will be a big hassel for obtaining the same, first you will have to file a complaint in the local police station saying you have lost the certificates, then you will have to submit affidavits, and then approach the university/board to get your certificates, which will take a long time.
dear arthur, i am totly agreed with mr malik and apanicker ........ go and file the FIR against the companies prop/partner..... jai bakshi
From India, Delhi
From India, Delhi
Thanks once again to all for replying. It is not the "hassle" part in getting the duplicate documents I am interested in. I want to know the legal aspects about acquiring the duplicate sets of documents. For me the university board thing won't be much problem, in fact they have assured me speedy process once I initiate it. I really wish and hope the matter is resolved peacefully, but I don't see it happening. :-?
From India, Delhi
From India, Delhi
Getting duplicate certificates is not really easy..You have to make a complain by filing FIR..
Its too problematic.. Because you didnt lose any documents in real..
And kindly.. Dont mistake me..
As you said they are saying that they spend money on you.. for training all that..
To be frank when you leave organization in very few days... you are actually a cost to the company..
They spend time and effort to find you and they would have invested in training also..
But many company does this.. they may have taken all your certificates to retain you for sometime,,
From India, Coimbatore
Its too problematic.. Because you didnt lose any documents in real..
And kindly.. Dont mistake me..
As you said they are saying that they spend money on you.. for training all that..
To be frank when you leave organization in very few days... you are actually a cost to the company..
They spend time and effort to find you and they would have invested in training also..
But many company does this.. they may have taken all your certificates to retain you for sometime,,
From India, Coimbatore
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Problem-solving -powerpoint1658 _168.ppt