Hi...
My company has decided to collect the original certificates from the employees who are on bond with the company on special memorandum passed in the meeting.
Required a draft or letter for asking the original certificates from the employees. Also have few question on mind. (It is urgent)
1. Can company collect original certificates (Marks sheet, degree certificate, pass port) from the employees who are already on the bond.
2. Is it legal to collect the ordinal certificate from the employees or is it a understanding between the company and employee or candidate.
3. Can company pressure the employee to adhere to the bond by collecting the original certificate.
Thanks and Regards,
Padmini.

From India, Mumbai
[QUOTE=Padmini HR;1729795]Hi...

My company has decided to collect the original certificates from the employees who are on bond with the company on special memorandum passed in the meeting.

Required a draft or letter for asking the original certificates from the employees. Also have few question on mind. (It is urgent) - You are aking the community members to support you in Unethical activity.

So hereby I want to refrain from helping youin the same regard.

1. Can company collect original certificates (Marks sheet, degree certificate, pass port) from the employees who are already on the bond. -It is unethical practice; doesn't your company have guts to retain people by Icreasing the goodwill of Company in Market than making people sign bond

2. Is it legal to collect the ordinal certificate from the employees or is it a understanding between the company and employee or candidate. - It is unethical practice

3. Can company pressure the employee to adhere to the bond by collecting the original certificate. - Once again anything what company wants to do Illegal company is free to do it; but keep in mind the same will remain illegal only

From India, Pune
Dear Padmini,
we have discussed related topics earlier.
https://www.citehr.com/343871-restri...ompetitor.html
regards,
Kamal

From India, Pune
Dear Prashant,
Thank you for the advice.
This is my query put forward to community and asked for its opinion.
There was a case were an employee left the organization. There is no issue if employee is leaving the organization, but the way he left the organization without adhering to rule of appointment letter and bond.
That is the reason I have asked for advice from the community if it is legal or not for collecting original certificates.
Request you to put some further points on this, whether the company can be sued by the employee etc.
I am taking this in positive way.
Thanks and Regards,
Padmini

From India, Mumbai
Dear Padmini, Are you interested to submit your originals with your current employer to make a service bond?
From India, Pune
Dear Prashant,
I agree, no one we be willing to submit his original certificates.
I have gone through some interview where they have asked me to submit my original certificate even though I didn't have to sign bond with the company. Even some asked me to sign bond with submission of original certificate.
Such kind of practice is carried in some companies. I am not supporting this, but would like to know more about it so that i can suggest or put some points in front of co. for not going this way.
Thanks & Regards,
Padmini

From India, Mumbai
Dear Padmini,
Under Article 23 of Constitution of India Forced Labour is prohibited
Under Section 27 of Contract Act restraint of employment is null & void
Under Article 21 theere be right of personal life & liberty
Hope this will help you to understand that Bond System is not legally justified completely if questioned by the Appropriate Court.

From India, Pune
kamalkantps
312

Advocate
Dear Padmini,
The bond is valid if you give certain training to the employee to raise their skill level against it. At that time you may sign a bond with the employee to serve you for a certain period and that period should be reasonable. you cannot arbitrarily decide the bond period.
One more thing very specifically i want to mention here that signing a bond doesn't mean that the employee cannot leave your company for that period. Yes, he still can leave your employment by paying the bond money and if the employee leaves the company without adhering to the bond, the company may get the bond money through court of law but cannot force the employee to serve it.
It is rightly said by Prashant that keeping the personal property of an employee (Marksheets, Passport and Educational Certificates) is totally unethical and wrong practice and yes it will come under forced labour, which is itself illegal.
Hope this will clear the picture.

From India, New Delhi
Hi Ms.padmini,
I also have entered in the same kind of situation. My employer wants to hold the certificates of employees to avoid/ reduce absconding from the organization.
If you have any letter format to the employees from the management to submit the certificates, please share so that i can do the needful.
Regards,
Swarna

From India, Visakhapatnam
kamalkantps
312

Advocate
Dear Swarna,
Please see the discussion carefully first, this system is totally illegal. Please understand you cannot hold the personal documents of the employees so that you may force them to serve you. This will come under bonded labour which is Illegal in India. It may have rather penal implications of it. Please abstain from doing this.

From India, New Delhi

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