Hi Guys, Whether collecting the original certificates as security from employees is legal or illegal. Giving Acknowledgment is correct or wrong. Thanks, Kumar
From India, Hyderabad
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2From India, Hyderabad
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Its demotivating to the new joinee. Its illegal. If you are hiring them, then hire with a faith into them. Otherwise, don’t hire.
From India, Mumbai
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From India, Mumbai
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Hello,
It is one of the practices followed in HR nowadays. If you want to obtain certificates, you should follow the proper procedures and documentation.
1) Have a written agreement with terms and conditions that both parties must agree upon.
2) Provide acknowledgment for whatever you receive from the employee.
Thank you,
Kumar
"Hi Guys,
Whether collecting the original certificates as security from employees is legal or illegal. Giving acknowledgment is correct or wrong.
Thanks,
Kumar"
From India, Hyderabad
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It is one of the practices followed in HR nowadays. If you want to obtain certificates, you should follow the proper procedures and documentation.
1) Have a written agreement with terms and conditions that both parties must agree upon.
2) Provide acknowledgment for whatever you receive from the employee.
Thank you,
Kumar
"Hi Guys,
Whether collecting the original certificates as security from employees is legal or illegal. Giving acknowledgment is correct or wrong.
Thanks,
Kumar"
From India, Hyderabad
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Dear Kumar,
It is illegal to hold someone's documents and keep them in your custody. It is a criminal offense, and an FIR can be lodged against this practice. You are wrongly retaining someone's property with dishonest intentions.
Thank you.
From India, Delhi
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It is illegal to hold someone's documents and keep them in your custody. It is a criminal offense, and an FIR can be lodged against this practice. You are wrongly retaining someone's property with dishonest intentions.
Thank you.
From India, Delhi
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Dear Malik Sir,
I also came across a few companies, especially security services, that take originals from field officers as a form of security. Field officers deal with cash distribution within the organization, sometimes carrying 10-15 lakh in cash in a single day. However, after a fixed period, let's say 6 months of service, companies return these documents.
Regards,
From India, New Delhi
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I also came across a few companies, especially security services, that take originals from field officers as a form of security. Field officers deal with cash distribution within the organization, sometimes carrying 10-15 lakh in cash in a single day. However, after a fixed period, let's say 6 months of service, companies return these documents.
Regards,
From India, New Delhi
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It is not proper and is also illegal to retain the original documents of the candidate. This practice reflects poorly on the ethics that the company follows - to be avoided at all costs if the management wants to project a fair and clean image of itself to its employees and the public.
Regards,
P. Arunkumar
From India, Bangalore
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Regards,
P. Arunkumar
From India, Bangalore
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It is illegal my dear becuase one wont be able to produce these docs if he/she needs for further use and Im agree with Mr. Malik that it is a criminal offence.
From India, Gurgaon
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From India, Gurgaon
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Dear Kumar,
It is very bad to collect and keep others' documents, as everyone has said it is an offense and an FIR can be filed for this. Additionally, it reflects poorly on ethics and practices.
Please refrain from doing so.
With warm regards,
Pandiyarajan Project Manager - GT Electronics
From India, Madras
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It is very bad to collect and keep others' documents, as everyone has said it is an offense and an FIR can be filed for this. Additionally, it reflects poorly on ethics and practices.
Please refrain from doing so.
With warm regards,
Pandiyarajan Project Manager - GT Electronics
From India, Madras
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Dear Ellundula,
It is not illegal, but it is illegitimate to do so. I have time and again stated that recruitment comes under the ambit of business risk. Without taking these risks, no company can function effectively at any time.
If a document is misplaced or damaged, the person to whom the document belongs can sue your company for negligence and also for theft. In such a case, the directors would be held accountable.
Just because a few HR people started a certain practice does not mean we have to follow the same. If there is a need to follow a practice, it should be one that is good and sustainable.
By collecting original documents, the company is not only increasing its recruitment and asset management costs but also incurring additional legal liability that is unnecessary.
In any case, the company cannot retain any of the original documents even if the candidate leaves the company without proper formalities because, according to the law, the employee owns the certificate, and you are merely a caretaker to whom it has been entrusted for safekeeping.
Therefore, consider whether your company wants to face all these troubles or maintain a clean and free recruitment process.
Regards,
Octavious
From India, Mumbai
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It is not illegal, but it is illegitimate to do so. I have time and again stated that recruitment comes under the ambit of business risk. Without taking these risks, no company can function effectively at any time.
If a document is misplaced or damaged, the person to whom the document belongs can sue your company for negligence and also for theft. In such a case, the directors would be held accountable.
Just because a few HR people started a certain practice does not mean we have to follow the same. If there is a need to follow a practice, it should be one that is good and sustainable.
By collecting original documents, the company is not only increasing its recruitment and asset management costs but also incurring additional legal liability that is unnecessary.
In any case, the company cannot retain any of the original documents even if the candidate leaves the company without proper formalities because, according to the law, the employee owns the certificate, and you are merely a caretaker to whom it has been entrusted for safekeeping.
Therefore, consider whether your company wants to face all these troubles or maintain a clean and free recruitment process.
Regards,
Octavious
From India, Mumbai
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Dear Kumar,
It is illegal to keep original documents from employees. You can ask them to provide attested proofs while joining, or you can personally check their original documents and keep the photocopies with you.
Regards,
Animesh.
From India, Calcutta
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It is illegal to keep original documents from employees. You can ask them to provide attested proofs while joining, or you can personally check their original documents and keep the photocopies with you.
Regards,
Animesh.
From India, Calcutta
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Dear Kumar,
It is illegal to hold someone's documents and keep them in your custody. It is a criminal offense, and an FIR can be lodged against this practice. You are wrongly retaining someone's property with dishonest intentions.
Regards,
J S Malik
Noida, Uttar Pradesh
Mobile: 9810557181
Dear Mr. Malik,
Can I ask under which section of the IPC "holding documents is a criminal offense"? Please let me know; it will be a great help.
Regards,
Sudi
From India, Bangalore
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It is illegal to hold someone's documents and keep them in your custody. It is a criminal offense, and an FIR can be lodged against this practice. You are wrongly retaining someone's property with dishonest intentions.
Regards,
J S Malik
Noida, Uttar Pradesh
Mobile: 9810557181
Dear Mr. Malik,
Can I ask under which section of the IPC "holding documents is a criminal offense"? Please let me know; it will be a great help.
Regards,
Sudi
From India, Bangalore
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Hi Ellandula,
It is not acceptable by law, and there is also a problem of safeguarding the credentials (certificates). The originals are encouraged in the loan process by the authorized banks, that too with a letter of undertaking (LOU) and a receipt cum link letter (RCLL). Therefore, I recommend not holding originals of employee credentials at any point in time other than for verification purposes.
Bye
From India, Hyderabad
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It is not acceptable by law, and there is also a problem of safeguarding the credentials (certificates). The originals are encouraged in the loan process by the authorized banks, that too with a letter of undertaking (LOU) and a receipt cum link letter (RCLL). Therefore, I recommend not holding originals of employee credentials at any point in time other than for verification purposes.
Bye
From India, Hyderabad
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Is there any verdict against keeping the originals. In AP some of the universities/colleges keeping the certificates.
From India, Hyderabad
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From India, Hyderabad
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Agreed with the views given by my other colleagues.
My queries are:
1. How secure are the documents in the company's custody?
2. What happens in case there is a change in the custodian officer, i.e., resignation/transfer, etc.?
3. What does your company policy say?
Thanks & Regards,
Nishi
From India, Mumbai
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My queries are:
1. How secure are the documents in the company's custody?
2. What happens in case there is a change in the custodian officer, i.e., resignation/transfer, etc.?
3. What does your company policy say?
Thanks & Regards,
Nishi
From India, Mumbai
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