Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional

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Dear Sir/Mam,
I Joined a private Limited company in Hyderabad on July 16, 2016. At the time of joining they asked me to surrender my 10th and Diploma certificate. I surrendered the same. Now my company struggling to pay salary and Expense spend for company. As of last week I received June month salary and Yet i have to receive July month salary and Expenses i did for company is also not paid since April 2019. Now my company Giving me metal tortures asking me to visit customer place without paying any expenses. Where i was in site and spend money from my pocket for my company.
Yet they giving metal tortures and blaming me i am ineffective. Were i brought 1.20Cr trun over in Quarterly year 1 of this year. Yet my company treating me very arrogantly. They asking me to come to Hyderabad to have meeting were i replied my company saying that i dont have money to come to Hyderabad. They replied very arrogantly saying if i fail to reach H.O They will kick me out of company and they will never pay my dues back. Even they refused to return my certificates. My question are as follows.
1. Is a company can hold a Employee certificate Legally?
2. There is no wrong with me, since my company not paying on time i failed to pay emi on time and my home loan account becam NP and I got call from bank saying they are going to process loan recovery. Due to which i was mentally affected by now. How can i get my certificates and dues back from my company?
3. Is there any legal way to face my company?
Thanks and regards,
BK
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Dear friend,
An employer can demand the submission of original certificates of educational qualification of a newly appointed person for the purpose of verification, give official acknowledgement for their receipt, keep them for some reasonable time for verification and should return them as soon as the verification process is over. No employer can hold them indefinitely and use them as a hold for any issues pertaining to employment.
Non payment of wages/salary amounting to delay or denial is an offence under the Payment of Wages Act,1936 as well as breach of the contract of employment. Any employer who fails or refuses to pay the incidental expenses related to the discharge of duties of his employees cannot pull up the employee for non performance or under performance.
Politely request the Company to return your original certificates and clear all your dues. If they fail or show no response, make a complaint to the Labor Officer for the area of your work place and file a claim u/s 15 of the Payment of Wages Act,1936 before the Dy. Labor Commissioner who is the Authority under the Act for recovery of the dues if you are a workmen u/s 2(s) of the ID Act,1947 and your monthly gross salary/wages is Rs.24000/- or less respectively.
If you are not a workmen and be firmly prepared for a show down, you may send a legal notice through a Lawyer so as to file a Civil Suit later against the Company for breach of the contract of employment.
Dear Mr.Umakanthan sir,
Thank you very much for your kind advice
Thanks,
BK
Act of the company in retaining original documents is highly irregular.
Keeping original documents as security to prevent people from absconding or leaving is not as per laid down laws.If employee breaches job contract, the company has legal remedies of damages and specific performance etc.
Send the company a legally drafted letter, but signed by you asking for documents back or file a civil suit.It is time consuming but otherwise there is no way to obtain your documents .
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