Madhu.T.K
Industrial Relations And Labour Laws
Adoni Suguresh
Sr.executive (per & Adm)
[email protected]
Retired Government Servant/advocate
Sumi71
Practicing Hr Professional
Aditi Jain, Delhi
Recruitment, Performance Appraisal, Training,
Jeeni
Human Resource Manager
+2 Others

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Hello all. I was working with a company uptill nov2015. I was doing desk sales for which I was appointed.

During interview the management (its a family run business ,so it consists of father mother daughter and one more relative of their) took my interview. The interview went well and I got selected. They had asked for documents as security for 2 years for which I agreed, thinking that I am committed towards work.

After submitting my original docs, I asked them for offer letter and appointment letter. they said as HR is busy we will give you later. Then h.r left (just like other employee use to leave in months). I knew I made a mistake joining this company.

Later I asked them for appointment letter again n again.but I was turned down.stating h.r is not there or h.r is busy.the management use to come up with any policies on anytime as per their will.On Oct 2015 the management came up with appointment letter with all different clauses than what was told during interview. For which I objected , they harassed me, disrespected me ,and threatened me that they will screw my career. I left that company on Nov 2015 but they refuse to give my documents till date.

I approached police ,but they say it civil matter we cannot help. Can any one please suggest what should I do. There are more than 40 employee who has left this company because of this harassment.

From India, Mumbai
You can approach the Labour Officer and seek help. Since this is a common issue for many, the Labour Inspectors will have to interfere. Such family run organisation will also make the labour officials their side because that is the way in which such organisations exist, but you can make it an issue. Now a days, media is very strong that if you send them also a message that your certificates are not returned and due to which you are unable to find a job etc, they will also come into the picture. You can also say that when you complained to the Police they said they cannot interfere and subsequently when you tried to get the help of the Labour department, they also turned down.

I don't know where you are located and whether your company was a commercial establishment or a factory. In recent amendments of Kerala Shops and Commercial Act, there had come a provision that no employer could retain the original certificates of employees. This is against freedom of employment. If you are in Kerala, I am sure such harassments would not have happened also. And that is the first reason why investors hesitate to come to Kerala but what to venture in the other parts of India where the labour laws are found only in books and not in practice!!

Madhu.T.K

From India, Kannur
Please visit and file your complain with the labour authorities of your area.It would be better if you can ask other employees also and take them along with you to the labour office.
From India, New Delhi
You can file police complaint and if police do not register the complainant, approach area judicial magistrate and file complaint of criminal breach of trust
From India, Delhi
Thank you all for your valuable reverts.I am located in mumbai ,i had approached a lawyer but i feel he was just pushing us in wrong direction from last two months,i guess he got settled with the owners.i have approached another lawyer who looks after corporate affairs.hopefully I'll get justice.but I will keep on fighting and will update you'll .thank you again.
From India, Mumbai
The certificates belong to you. The company's action amounts to extortion. You can commence civil as well criminal action.
There is a larger facet of violation of basic human rights. You can seek the intervention of Human Rights Commission as well.

From India, Kochi
Hi Sachin,
Good that you seek advise from the experienced people. Many people do mistake handing over the original certificates just to get an employment. The original certificates can be shown to the interviewer or HR Manager to verify the copies you have submitted, and the company cannot retain the certificates unless or otherwise the employment terms say so. Generally the companies take the original certificates in case if they would spent lakhs of rupees on your training or overseas training etc. In such case also, there would be a specific period (say one or two years, so that the employee will not leave the job) to retain the certificates and return it back.
Anyways in your case either you can go to court (which is tedious job & long procedure) or you can approach the local labour department for help.
Regards,

From India, Bangalore
Do you have any proof that you have worked for that Company in so and so duration? Have you signed in the Attendance register everyday? Mode of salary received? These points shall be useful for filing a complaint in the Labour Department. Please study all the points and proceed further.
From India, Bangalore
hai member,
first you give one or two letters in polite manner by hand or by post, then u see the reaction. By keeping copies of the letters, hv u any copies of the certificates with u. Try to approach politely and go for next step.

From India, Visakhapatnam
Dear Sachin,

Sad to know your condition. You did a terrible mistake by submitting your original certificate. Have you received any acknowledgement for the submission ? If so with that you can approach your jurisdiction labour department. What is the proof that you have been employed and appointed by the company? Any where, any evidence to prove your employment in the company then only you will succeed in your case. Otherwise, it will be difficult. Without proper evidence or proof of ay disputes between the employer and employee cannot raise any disputes as stipulated in the I.D.Act, 1947. Your case should be dealt on humanity grounds by the labour department. Wish you succeed in your case.

Through this forum I would like to inform all the members and viewers be cautious while submitting your original certificates to the employer under any circumstances think twice before submission. In case, it is a must, then you demand for the acknowledgement from the employer for having received the certificates and insist to incorporate the clause or condition stating that the certificates shall be returned by the employer on cessation of employment.

Adoni Suguresh

Labour Laws Consultant

From India, Bidar

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