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Dear Friend
It is easy to give advice at this stage. I know the difficulty you will be facing.
You should not have revealed the companys name.
Your question was about the legality..
1. He has not blackmailed you to get it. So it is legal
2. He refuses to give. It is illegal
What remedy?? Police will not touch these cases.
Only remedy is to file a case. In fact the best remedy is to file a writ. Your fundamental right to employment can not be stopped by anyone. It is just not illegal but unconstitutional. If he refuses to give, simply send letters toHonourable Chief Justice of India You will get response Of course I am exaggerating a bit. You can get remedy in this method also.
Siva

From India, Chennai
Siva, thanks for the advice.
May be its unethical on my part to display name of the company, I have made enough of representations, personal visits to office and send enough of emails, nothing yields fruit. They want me to pay money (in lakhs) to get back the certificates, this amounts to blackmail.
I am writing this to make sure others don't get into the trap which I fell. This should alert people. I should be the last person to regret for the mistake. After this company was fined once by court, MD doesn't give a proof of certificates being taken.
Who would belive me without a proof? How can I ask for justice from court without proof?
I am not the only person affected there are many others, but fear coming out.

From India, Secunderabad
This is a Reply from the MD, to whoever reads this Posting.

I heard Companies like Satyam , TCS, Wipro, Infosys takes Bank Financial Surety from Freshers Joining the company for 2 years of service. As there is a brand name, associates don't mind, as it is their dream job. When it comes to SME's , no associate is ready for a Bank Guarantee, as they are not capable to provide the same. As an alternative, the associate approaches this company to submit any other documents as surety with his own will and consent and interests as an alternative. As everyone knows that most of the attrition and absconding from job and duties happens more in Software Industry with freshers, small companies cannot bear the risk of loosing employees abruptly in the agreed period of time of employment.

There is not a single case wherein I have harassed associates, holding their documents back beyond their agreed bond period of service.

The guy who has posted this subject, is definitely a assoicate who has absconded from this company and wants to create damage to the company's image.

A straight question to all the HR community : How do you handle such cases and is this a practice not existing in the industry ?

You can write to me at

From India, Hyderabad
The employer can keep photocopies duly verified with the original certificates for office records. NEVER GIVE ORIGINAL CERTIFICATES TO ANY COMPANY/AUTHORITY.
If you have a written acknowledgement of the original certificates then---demand them back in writing--if delay in returning--lodge FIR with police---if police refuse to lodge FIR--file case against the employer and the police with Judicial Magistrate of First Class.
If you do not have proof of having submitted original certificates to the employer, then, if there are similar others too, then all of you can jointly demand originals in writing and follow above route.
Simplest method is to form a trade union with strong, influencial, and tough external leader.

From India

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