Boss2966
Industrial Relations
Nashbramhall
Learning & Teaching Fellow (retired)
+3 Others

Thread Started by #arungautam3

Dear All,
Is it necessary for an employee to submit original qualification proof during joining in any organization.Is there any court case notification on above. If any kindly provide me such notification.
Regard
Arun Gautam
Manager- HR (From a leading media group)
17th October 2013 From India, Chandigarh
Dear Arun
You can ask for original certificates alongwith a photocopy of complete original certificates, at the time of joining the organisation. But after verifying the photocopy with original certificates, the Original Certificates must be returned to the concerned Candidate. If you need to get the same verified by some other authorities, it should be returned to the employee immediately without any delay and while returning the certificate you can take a receipt for returning the original documents from the employee.
17th October 2013 From India, Kumbakonam
Boss2966 has given you good advice; it is good practice to give a receipt for the documents received, when you collect the certificates from the would be employee.
17th October 2013 From United Kingdom
Taking Original certificates from employees and holding them, is neither an ethical practice nor legal. Original documents are required only to scrutinize them and keep a attested photo copy for official record.

Holding back any original documents by the employer violates the fundamental rights of the employee. Article 19 of the Constitution of India gives fundamental rights to every Indian to pursue their own career or business and no one can infringe it. By retaining your originals documents, the employer is violating this fundamental right of the employee.

Holding back any original document is also an offence under section 368 of Indian Penal Code.

There is also a Hon. Supreme Court ruling that "the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same

In one of its judgement a court termed such illegal actions by the employer as 'ECONOMIC TERRORISM'.

Even if there is clause in the employment contract (Appointment letter) that the Employer would retain the original documents of the Employee, such a clause will be declared illegal under section 23 of the Indian Contract Act which governs all type of employment contracts.

Such type of negative and restrictive covenants in the employment contracts amounts to bonded labor system which is prohibited in our country and is totally against the basic principles of our Constitution.

We all HR professional needs to educate ourselves and make the Employers understand the importance of human resources in true sense.
18th October 2013 From India, Pune
Hello seniors,
My ex employer has not returned the original degree certificate for the past one and half years and I do not have a written acknowledgement for it either.
Nowadays its become a practice to collect original certificate from the employee.
Kindly give your valuable suggestion on how to get my certificate back.
Reg,
Iyer.
19th October 2013 From India, Madras
Dear Iyer,
What has happened with you is just horrible and a perfect example of 'economic terrorism'.
You send a registered letter with acknowledgement to your ex employer requesting them to return the original certificate lying with them. In case you do not get proper reply within reasonable time, then you send a legal notice to your ex employer, still if you do not get a proper reply, better file an FIR with the police.
You employer has committed a serious offence and must face the consequences.
19th October 2013 From India, Pune
Hello Mr Kamal, Thanks for the quick response. In my case I do not have a written proof of acknowledgement letter for the same. Kindly advise. Reg, Iyer Chennai.
19th October 2013 From India, Madras
Dear Iyer,
Still you can send the legal notice or file a FIR. Regarding evidences, it is upto the court to decide. As a witness you can get the statement recorded of your ex colleagues and other employees.
19th October 2013 From India, Pune
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