Umakanthan53
Labour Law & Hr Consultant
Pvenu1953@gmail.com
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager
+1 Other

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Hi sir i am shiva from karnataka my marks cards are kept in the company and I was did not serve the notice period now they are asking for amount of 45000
I can't pay that much amount is there any way I can get my marks cards sir please tell me I am helpless my sslc puc degree and pg original marks cards all are there in head office of xyz company without paying money can I get them?

Dear friend,
Documents pertaining to academic qualifications of an employee can be called for by an employer for verification purpose only and should be returned as soon as the verification process is over. Keeping them as collateral for some other things is illegal.
Regarding the issue of your failure to serve the notice period, it is certainly a breach of the contract of employment on your part. Either you should serve the notice period already stipulated or exercise the buy-out option in case of any emergency beyond your control.
We are unable to comment on the demand of the employer requiring you to pay a specified sum of Rs. 45000/= without knowing the terms of the contract of employment or the nature and duration of training if any imparted to you soon after your appointment and the probable value of the investment made by your employer on this.

There are two major points in this query.
1) retention of original documents
This is illegal and company can be legally proceeded against for retention of property without consent of owner.
2) Violation of notice period.
As per his employment contract, may be some notice period was specified which has been admittedly breached and company is within rights to seek amount stipulated in the contract/appointment letter.
The ex employee needs to go across meet the HR and bosses and see how best to sort out the issue in as amicable a fashion.

The employer is not entitled to withhold the certificates in lieu of the notice pay. Withholding of certificates amount to extortion. Law offers remedies, but how far an employee is in a position to pursue those remedies against the ex-employer.
Perhaps, you can bring the matter to the notice of a senior functionary of the Police such as the SP of the District or the Executive Magistrate. The matter could also be taken up with the Adalats functioning under the Legal Services Authority.

Dear friend,
No employer can hold the academic testimonials for shake of employment. It is your fault why did not collect the testimonials after verification.
What is the proof lying with you that the testimonials is held by your employer for the employment? Ask your lawyer to send a notice to return your testimonials held by the company within 7 days of receipt of notice or else civil suit would be filed for the same. The court would decide the fate of testimonials as well the quantum of notice pay for your violation of terms of appointment.

Hi
First and foremost do not be confrontational with anyone especially your employers. It is your responsibility to serve the notice period and properly hand over the responsibilities as expected from an employee. Check the duration as per the employment letter and try to buy out or settle for the issue by payment of some amount. What is reasonable depends on your salary and how it has affected the employer on your abrupt departure.
As far as the withholding of your academic certificates it is not legal and not permissible as already stated by the learned friends in this forum. You settle the first point and ask for the certificate which I am sure they too know is illegal to retain and has to be handed over to you upon verification itself.
Going legal, though a remedy, has to be the last resort.

Thanks and Regards

Hi Shivu,
Getting mark sheet is not a big problem, you can get one and many from Board on nominal fees. Not serving Notice period can entail you to pay cost and consequences there on.It appears , you are beginner and not thought about its adverse impact . Any mistake like this of yours own, you will be required to answer all the time every where when you go to face interview/ joining a new employer. You need to have experience certificate from here , which as a document is of greater importance and carries values not less than a mark sheet with you.The present employer can sue you legally and you will be liable to pay the amount along with cost . As long as you shall be in your whole life employed , all future employer(s) will be asking an experience / relieving certificate during face to face interviews or at the time joining a company, as a matter of fact you shall be preparing yourself to say lies while expecting only negative feedback about you from your unhappy past company. Chances are more that you are putting up damaging building onwards.
Regards,

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