Retired Government Servant/advocate
Private Consultant On Labour Laws
+2 Others

I am working in doormanufacturing company. The employer hold my degree certificate. They did not told me regarding the security on the time if sending offer letter to me.
On the time if joining hr had said that you have to submitt the one of your original documents. Without no option i gave it to them. Now a days company making lot of harrasements. I really need my documents back . Or quit from company. Kindly advice me what should i do
1st November 2016 From India, Chennai
The whole problem is that we never get the complete details of your csse to examine.viz
1.What your appointment letter says.Is there any clause of security
or notice period ?
2.In what position you are working there and how long ?
3.Have you taken any receipt for having deposited the original certificate ?
In normal case they should not keep original certificate as security.
BS Kalsi
Member since August,2011
2nd November 2016 From India, Mumbai
Whatever the conditions, it is illegal for the employer to retain the Orginal certificates; it is the personal property of the employee.
2nd November 2016 From India, Kochi
Offer letter not says any clause for the security. Its only saying that have to work one month notice period. And the company has provide a security bond the bond containis that the company holds the certificate. It will give back only the time of after the notice period.
2nd November 2016 From India, Chennai
Dear Raghavan,
The company has done a perfect paper work. If you are seriously in need of the certificate. I see the only option you to resign and give one month notice.If they harassing you, it is better to look for another job.
BS Kalsi,
Member since August, 2011
3rd November 2016 From India, Mumbai
No company can be a law unto itself. It cannot indulge in private legislation by incorporating conditions in agreements with employees. The conditions need to be lawful. All conditions and terms which impair the private rights of the citizens are void unless sanctioned by a Law enacted by the Legislature.
In the instant case, the employee can initiate a civil or criminal action; he can also seek the intervention of the Human Rights Commission.
3rd November 2016 From India, Kochi
Dear Pvenu,
I agree with your that the conditions imposed or likely to be imposed should be lawful and reasonable. Chapter V-C of I D Act, 1947 has prohibited unfair labour practices on the part employer and employee for which law provides penalties. As such, he can make complaint or raise dispute before the concerned labour officials.
No doubt, as suggested by you, in the instant case, the employee can initiate a civil or criminal action; but please tell me how many people has money, time or guts to fight with the employer while in-service or after resignation.
BS Kalsi,
Member Since August, 2011
5th December 2016 From India, Mumbai
In my considered opinion, this forum is meant to offer suggestions that are lawful and meaningful, to those who are facing challenging situations. And certainly not to construct hopelessness when effective institutional remedies exist.
6th December 2016 From India, Kochi
Hi..I'm working as a Assistant Professor in a private Engineering college.. In my college my Management gave three months time to publish a paper in journal due work schedule we can't publish a paper in journal..so the management said that they going to deduct the Two thousands rupees from my salary..I want to know whether the management have rights to deduct the salary from employee..plz help me..
18th April 2018 From India, Chennai
Management can not deduct salary in this fashion.Failure to submit paper in journal can be held against your professional performance but you cannot be fined in this fashion.
Take up matter politely with management.
18th April 2018 From India, Pune
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