i am an HR in a start up software company.
In my company there were few employees who left the company in between of their employment without proper intimation, informally.
So now company has come with a new policy telling that employees have to submit their original marks cards to the company to avoid employees leave the company suddenly with out serving notice period or with out any intimation ( employees Original marks cards will be safely kept in locker) if not employees have to put immediate resignation with 1 week of notice period.
Management has instructed me to add a clause in the appointment letter , as in for existing employees and for new employees they have to submit their marks cards at the time of joining and it will be returned back to them at the time leaving the company after serving their notice period.
I request you to please help me in preparing a clause on document submission in letter of appointment
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Dear Sir
Policy with respect to the submission of original documents does not seems right and which is not legal. While preparing a appointment letter, do not give any chance for an employees to challenge the contents. Instead, you can mention the minimum number of years in which they must work.
Holding of original documents by an employer is illegal, when challenged in court of law. Instead, you can add notice period clause of one month on either side where your requirement will be taken care of. Hope this would suffice.
Yes, compelling employees to surrender their original certificates/mark-sheets and keeping them in the employer's custody in order that they should not leave the employment find the job elsewhere amounts to extortion. If the attrition rates are high, the fault lines lie within the organisation; the management, particularly the HR, should introspect.
Dear Sir
The policy of holding of original testmonials is not legal. Therefore you should take bond in lieu of testimonials.
You can go with your option, if the incumbat is agree to put his original testimonials as guarntee till his service with you.
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