Manojkamble
Sr. Hr Executive
Nathrao
Insolvency N Gst Professional

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear seniors,
I have a question subjected to the post title what I have mentioned. My supervisor was arguing that now government has given permission to collect candidate documents ( this is considered as legal everywhere) kindly educate me on this topic. My supervisor was boasting that now every shop's and established firm can do this. Ours is mainly service based institute where we provide professional Training (HR). Kindly provide me right information on this, so that it saves subordinates like us to question on their orders.
Regards,
Learner

Original documents of candidates can be asked for verification purposes.The documents cannot be retained by employer as security and as compulsion to work etc.
Ask your supervisor where he has got this information from?

It was told like government now made rule that employer can collect and keep original documents of candidates. She mentioned according to Shops and establishment act this was given.
I have no much knowledge on payroll, statutory and labor laws grounds... So need to agree on her statements.
Kindly help me to get updates on the changes made by the government on all above payroll grounds.

Please read the Shops and Establishment act of your state.
Do not go by hearsay.
Educational certificates belong to candidates, how can employer ave aright to retain them?
If you read rules, regulations then adequate information will be available and there will no need to just believe whatever others say.
By the way, in which capacity are you working in the company ?

I’m working here as an HR- T&D dedicated to recruitment and Generalist part
"I have no much knowledge on payroll, statutory and labor laws grounds... So need to agree on her statements."
I would advice that basic rules and topics of HR need to be studied and knowledge updated.
Otherwise mistakes will happen.
Laws like Shops and Establishment Act of the State,EPF,ESIC,POSH,CLRA etc are basic readings for any HR person.
Payment of wages Act,MW act are other enactments.
Update knowledge so that you are not forced to believe any statement made by others.

Dear Friend,
The retaining and asking for original testimonilas is not a sound behaviour. Ask your employer to furnish the notification of Govt aginst such demand for clarification.
The High Court of Madras has declared the decission of retaining certificates is illegal,
Ruling that withholding of original certificates by the authorities on any ground is not legal and proper, Madras High Court reportedly urged a private engineering college to return the certificates, without affecting their rights to proceed against ...
Read more at: Retaining Original Certificates Is Illegal and Improper: Madras High Court | Live Law

Hi,
Retaining original documents of any individual is not yet been legalized under any act. Still if your employer is pointing on the shops act then you can ask for the copy of the same or the clause and sub clause for the same and refer the book for further explanation and answer on the same basis.

Thank you all, for your feed-backs !!!!
Prabhat sir, you have mentioned that madras court have denied the action of employer collecting originals of candidates.... my doubt is about, orders made by madras court even stand good for our state Karnataka ?

Yes, if the state of Karnataka does not have any rule or act.
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™