Saswatabanerjee
Partner - Risk Management
Nsivakumar1970
Office Manager
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Bhardwaj Ramesh
Sr.manager-hr&admn
Ankita1001
Sr. Hr Executive @ Polymerupdate
Mandy007
Sr Hr Executive
Adnaan
Executive Hr
Hrkinjal
Hr Executive
+1 Other

Hello Seniors,
We are taking degree certificate from employees for security reason, and when employee leave organisation we give back to them. Now one of new employee misunderstood & bring final result instead of degree certificate. She is relocated here and submitted final result not degree certificate. I have talked with her so she said i can go home & bring it(it takes 4-5 days to her to go and come back) or she will be going home after 3 months and at time she can bring degree certificate. Now i am agree with her that we can wait 3 month and we have final result right now but my boss is not agree with this, said me that find any middle solution. kindly suggest me what i can do. and also am i right or not?
Thanks.
9th May 2013 From India, Surat
Dear Kinjal,
The practice of collecting and keeping degrees or any other personal document of any employee in original with the company is not right.
I do not know if you are aware but your company would be in legal complications if someone gets to know about this. One just needs to go and file and FIR with the nearest police station. As an HR of the company, if something like this happens, you too would be in troubled waters.
I would suggest you to immediately stop this practice. Educate your employers about the pitfalls. There are various threads on this forum on related topic.
10th May 2013 From India, Mumbai
Hello Kinjal,
In addition to what Ankita mentioned, here's the Link to another thread that's now ACTIVE.
https://www.citehr.com/459404-taking...employees.html
Your Employer is asking for trouble. Suggest look for other other better ways of retaining employees.
Rgds,
TS
10th May 2013 From India, Hyderabad
Dear Kinjal,
Fully agreed with Ankita and TS.............
The original certificates are demanded and kept only by Govt organisations. This is done for verification the same only but not for any security reasons.
This practice was adopted long ago only by very small and conservative companies. Now the trend has changed for them also.
Please update yourself about recent trends........................and advise the management to restrain from such practices.
Inconvenience is regretted.
With Best Wishes
10th May 2013 From India, New Delhi
My Dear Member, It’s illegal. You can take the certificates from employees for verification purpose only. Keeping employees original certificates is not a good practice. Regards, Sivakumar
13th May 2013 From India, New Delhi
Taking original marksheet / passport / degree certificates etc.from the candidate is considered as forced labor which is illegal. Your company can be legally penalized for this act and ofcourse you can also be penalized being an HR professional of that company. Pls have the originals returned immediately & STOP this practice.
13th May 2013 From India
While I agree that keeping original documents of employees is a bad practice, please tell me which law or rule makes it illegal ?
14th May 2013 From India, Mumbai
Banerjee,
Keeping original documents of employee is not just a bad practice but its illegal & violation of the fundamental rights guaranteed to every citizen of India under articles 14, 19, 21 & 23 of the constitution.
Many big corporates, as part of Corporate Social Responsibility, audit suppliers to check if any such malpractices are being followed (we dont just restrict ourselves to labor laws). We even go to the extent of talking to their employees (if such employees are working for our company's project) to see if he/she have been forced to work.
Hope this clarifies your point ?
14th May 2013 From India
I do not see how this is a violation of fundamental rights under article 14 19 21 or 23
Second, fundamental rights are against the state and not against other citizen.
Again, I clarify, I am against the concept of keeping originals. I am glad to see large companies doing this type of checks. It's a requirement under SA 8000 and other standards.
But I still don't see any legal restriction against it.
Failure to give it back or using it to coerce e employee to work against his wishes would be illegal, both under various sections of IPC and perhaps under bonded labour act. (Not read that act actually)
Taking it as a condition precedent to giving a job is not illegal from what I see.

14th May 2013 From India, Mumbai
Dear ,
Way back in 1970 to 90's there was a practice of taking original certificate from the employees for various security reasons...
Now the days are changed no company should encourage this illegal practice of taking certificates.
We can directly file FIR and the employer would be in danger...
As a HR you need take an initiative and speak to the management regarding the practice adhered presently and come up with a different solution so that employees too will feel happy regarding this.
By taking original certificates .. Employers feels secure but the employees feel insecure and cant give 100% best @ their work..
25th July 2013 From India, Hyderabad
#Anonymous
Few of the resources in our organization had collected the duplicate certificates from university by claiming they have lost the originals while their documents were with us.
However for good, we have stopped collecting the educational documents from resources & released all the documents which were kept with us since past many years.
I would suggest, educate your boss about the legal complications in this regards.
- Reeja
25th July 2013 From India
No company has a right to collect original certificates. They are required only for the purpose of verification on the day of joining.
29th July 2013 From India, Mumbai
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