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How can i get back my certificates
Hi all i have joined in a company ten days ago. they have the conditions for submitting my certificates and 3 years bond. unfortunately my marriage was settled and i need to leave the company. yet i did not sign on the agreement but i have submitted my certificates. i have my asked the management to return my certificates but they are not ready to give back.. please kindly suggest me how to go forward to get back my certificates.. it is my life issue.. pls pls suggest me as soon as possible.
Confiscation of original certificates in india
of by in it has been brought to our notice that many companies hospitals schools and other organisations in india are forcing newly appointed employees to sign bonds/nondisclosure agreements with exorbitant amounts as security. it is important to note that is illegal in india. it has also been pointed out that many of these organisations also confiscate the original certificates of employees and retain them throughout their tenure or the period of the bond. these certificates are retained within the premises of the organisation sometimes insecurely. in the event of a natural disaster theft or fire due to shortcircuit an employee s credentials are likely to be destroyed/damaged and thus he becomes eligible to sue the employer for an unprecedented sum of money. many organisations also make false promises with regard to remuneration. the employee is made to sign the salary register for a higher sum of money while he is actually paid only a quarter of that sum. all these are part of unethical business practices and have been banned by the government of india under the indian companies act. thus in the interest of both the employer and the employee we would like to point out that: >forced labour is prohibited in india under article 23 of the constitution of india. >an employee s credentials/certificates cannot be confiscated by the employer whatever be the reason. >an employer may collect certificates only for the purpose of verification after which they must be returned to the employee within a few days. >an employer is not eligible to ask for a monetary compensation from an employee if he fails to honor the bond as the bond in itself is illegal by law. >an employee is free to leave the employ of an organisation if he/she is dissatisfied with any aspect of the organisation be it for financial or nonfinancial reasons. many employers have been misled by their own lawyers into thinking that these activities are perfectly legal. employees too on the other hand are not aware of company law and thus they are easily taken advantage of. all those employees including school teachers freshers bpo employees experienced personnel whose certificates have been confiscated should legally direct their employers to return their original certificates after due verification. upon failure to return original certificates an employee is liable to sue the employer. if you find your employer misappropriating the salary a/c you are supposed to report that to the income tax department. post this on too
Employee signed document without any authority - can we take any legal action against him like temporary suspension?
Dear all in our company one of our employees is working onsite as a supervisor and has not any authority to sign any document. but still has signed one of the documents and is even not asked to sign the authority before signing. so can we take any legal action against him like temporary suspension without pay or any other strict action against him? he is working with us since 2014. please suggest in legal terms. thanks in advance.
Ex-employer withholding original certificates for the past 7 years
Dear sir: my previous employer is withholding my academic certificates and pf for the past 7 years and demanding money to release them. my story is as follows: i joined a company in 2002 in hyderabad. they provided me with training and made me sign a bond which states i am supposed to serve the company for a period of 2 years after successful completion of training. i surrendered my original academic certificates ssc and intermediate during that time. as per the terms in the bond i served the company for 2 years but did not collect my certificates because i was not planning to leave the company. later in the year 2004 the employer made me sign another bond with a nominal pay hike of rs. 1500 or 2000/ per month according to which i cannot leave the company for a period of 2 years and in case of breach of contract i have to pay the company rs. 30000/ after a few months they started harassing me with all kinds of stuff making me take up more work unnecessarily issuing paycuts etc. i could not tolerate their harassment and informed the then hr that i could not bear the harassment anymore and wanted to leave but there was no proper response from him. in mid 2006 i decided to leave and finally quit the company without submitting a resignation letter and joined another company. after a year or two i went to my previous employer and asked them to release my certificates and pf. they demanded me the money for breach of contract rs. 30000 plus the interest for these years. i was not ready to pay the money because i did not want to pay them for no fault of mine also i did not have that money. i tried multiple times and requested them to give my certificates back but to no avail. i finally stopped going there because i could not afford to go off work for any more days also there was no urgent requirement of certificates at that time. again in 2010 i contacted them and asked them to release my certificates as well as pf but they did not do so and were demanding the money along with interest which i was not ready to pay them because i could not afford to pay them that much. now it has almost been 7 years they are still withholding my certificates and pf and i want my certificates and pf back now. i have a few queries here: 1. is the employment bond legally valid? 2. does an employer have the right to withhold the original certificates and pf of an employee? 3. is there any way to withdraw my pf without the intervention of the exemployer. kindly advise me on the ways to get my certificates and pf back. thanks in advance. regards raj
Authorization to sign hr related letters
Hi please advice can an assistant manager admin sign all the hr related letters like appointment promotion increment warning etc. is the verbal authorization enough to sign these letters or should we give authorization in written. if so please can you forward a format for the same. thanks
Who all can sign a settlement?
Hi please provide practical inputs on who all can sign a settlement lts in case of cb.. can 'core negotiation team" sign it?.. what would it mean if a signing authority is an occupier or someone else authorised etc.. what would each infer? how would this work in case of an amalgamation of many unions into one for the purpose of settlement? rgds mahesh