Dear friends,
Good day and prosperous new year wishes to all,
As one of my friend as a fresher 2014 passed out guy. in recent past, he took took interview with one company and got selected. As per their ask he handed over all the original certificate and made the agreement for one year that he would not leave the company. unfortunately, he relived the company due to poor health that the company belongs to chemical based also. while he asked his certificates back, they denied and wont give the certificate for 1 year.
Kindly suggest possible way to get certificates..
Holding the employees original certificates is legal?

From India, Madras
Dear Satish,
Keeping the original documents/credentials hostage so that the employee serves the full contract period is illegal and more so, neatly unethical but many firms practice this to ensure the attrition. The HR fraternity should understand that this raises a crucial 'perception problem' about the firm. Not getting into the ethical constraints of retention of certificates, I would suggest you go through the clauses mentioned in your employment contract. There must be a legal tender to exit. Which means, the employee would be required to pay a given sum if he/she ends the employment before the expiry of contract. Once you get relieved off your duties, the firm will be bond to release your certificates as there are critical directions set to ensure the safety of these documents and is thus, hectic.
However, you also need to do a bit of introspection on your decision of job hunt the next time you are up for it.

From India, Chandigarh

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