Madhu.T.K
Industrial Relations And Labour Laws
Nathrao
Insolvency N Gst Professional
Bvrajeshgowda
Accountant
+2 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Respected all,

I joined a small organization in Bangalore on 17/8/2015. At the time of joining employer asked me to submit my m.com and b.com original certificates for security reason. They also gave the acknowledgement for the same and agreed to return documents at the time of reliving from the company.

After joining, I came to know that the job profile is different from my existing profile (I have 4 years experience in accounting) and decided to quit the job considering my future career.
I sent resignation on 16th September by giving personal reasons. However, I have not received any response from management for my resignation. When I spoke them they demanded to pay 3 months salary (₹130000 approximately) as compensation and they are not allowed me to serve notice period even though I am ready to serve.
They are asking me to pay money if I need the certificates immediately or I have to wait for 3 months. And also threatening me saying I'm terminated from the job and they will put me in black list.
I have good offer from a best company and don't want to miss the new offer. Without certificates I can not join to new job.

Please help me to get my certificates asap.
I'm really worried about my future and my career since I'm from poor family background.

An employer is not expected to collect for custody the original certificates of employees. This will be deemed as bonded labour system which is illegal as per law. Demanding three months' pay for giving the certificate also is not permissible. Now, if you approach the Labour department they will help you, but it will steal your time and sometimes money also. At the same time, if you reach the MD/ employer through some other sources, it may help you. Being a small organisation, they will not be able to blacklist and spoil your career. But you should not take it lightly also. You should speak to the HR of the company from where you have got the new offer and try to buy some time for submitting the certificates. If they are okay, you can join them and then fight for the certificates. Even you can try to get law and order help to get the same.

To start with, I think you have to appraise the whole matter to the new company and study their reactions. Then speak to the present company person who is holding the certificates and tell him that you will move legally to get the certificates and it would be good if the certificates are handed over without any Police action. Wait for one or two minutes and then lodge a complaint before the Police and the labour officer for assistance. It will work.

Madhu.T.K

Since you have the acknowledgement about receipt of certificate by the employer, better start correspondence with the HR management to return the opriginal certificate, before you resort to any legal notice.
You may also request the new company to call for the original certificate from your preent company for verification purposes. Threat of termination would be quite unjustified and unethical if you have already submitted your resignation, provided you have any proof of submission of your resignation.
With regards to 3 months Notice Pay, please confirm the Termination clause as per your offer/appointment letter most likely there would not be any notice since you are still under probation as you have completed only one month of service with the company. With regards to your original certificates please send a letter asking them to return it with a copy of acknowledgement to them, it will be returned to you. Legal should be the last resource as per my view
Below are the clauses relating to probation and notice period as per the offer letter.

1. You will be on probation for a period of 6 months. The probation period can be extended at the discretion of the management.

2. You ate appointed for probationary period and thereafter work on assignments as prescribed by the company.

3. It is compulsory an employee to serve the full notice period before leaving the organization. Employees below the managerial and senior level position shall submit their resignation 2 months in advance. Employees with managerial and senior level position shall submit their resignation 3 months in advance.
An employee's failure to give and serve his full notice of resignation maybe documented on the employe's termination report. Strict action is recommended.

4. The organization has the right to terminate your employment without notice if your services are found unsatisfactory or you are found guilty of any misconduct during the period of training/probation/employment.

Have you given notice as per offer letter?
You have tough task of explaining to your new company that old company is still holding on to the degree certificates and hope they will listen.
Secondly you have to politely but firmly demand the certificates back from your old employer.
Your employer is fully aware that they cannot legally withhold your certificates and keep hold on you.
Last resort as mentioned by other learned members is the legal route.
Try and get matter settled by discussion with old and new employer-old for getting documents back and new for some time to procure the original documents.

Nowhere in offer letter they have mentioned about the compensation in lieu of notice period. Also they didn't mentioned anything about the educational certificates, but they collected the certificates from me and gave a separate acknowledgement letter for that promising that the certificates will be returned when I get relived from the company.
Now they are creating problems by keeping the certificates with them.

You have mentioned that the acknowledgement letter states that the certificates will be returned when you are relieved from the company, please exit from the company smoothly and send a letter requesting them to return your certificates soon on relieving from the company.
brother according to me, if you have a copy of your resignation letter+ appointment & acknowledgment letter in which have clearly mentioned "certificates would be return upon your relieving the organization". both of letters copies you must show to your new employer/ HR department. i think they will adjust you and after three months you get your resignation+original certificates from your present employer.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co