Stuck in a Job Dilemma: How Can My Friend Retrieve His Certificates Without Paying?

Hi all,

Please advise me.

My friend has joined XYZ Company as an HR Executive. They asked him to provide his original certificates, so he submitted his 10th-grade certificate. After working for one week, he is no longer interested because they asked him to do marketing and counseling, and to stay until 11 pm. Without giving any notice, he left the job. When he requested his original certificate back, they demanded payment equivalent to two months' salary.

Please advise me on what to do in this situation.

Regards,
Riya

Dear Riya,

No company has the authority to withhold anything from the candidate. Neither can they refuse to give the original certificate back nor ask for two months' salary. There is no such prevailing law. You can ask your friend to convince them to return the certificate. If they do not agree, then you can definitely take legal action. You have not mentioned whether there is any sort of bond with the company or not. To my mind, the company cannot do this to your friend.

Hi Riya,

Did your friend receive an offer letter or appointment letter from the company? If yes, then you'll definitely get some clues to deal with this matter. I found that a few companies keep the original certificates of marketing candidates. This is just a precaution taken by the company to ensure that marketing personnel, especially those in the field, do not abscond with the company's property. However, since your friend has joined for HR, how can they take the original certificates from him? What offer did he receive, as an Executive HR or Executive Marketing?

Make sure that your friend has no outstanding dues with the company. Carefully read all the clauses in the offer/appointment letter, and try to demonstrate that your friend is not at fault. Otherwise, you can inform the company that you are considering legal action.

Thank you.

Hi Chaitali and Runa,

Thank you for your response. Yes, he received an offer letter, and in the letter, it is mentioned that if he leaves the office without notice, he has to give a two-month salary. I will ask him to discuss this with them.

Regards,
Riya

Riya,

Just check your friend's offer/appointment letter for any probation clause. Generally, a company demands such a big notice period only after confirmation.

Also, no company can withhold original certificates.

Hi, Yogesh. Good morning.

Of course, they have mentioned the probation period for 6 months. If an employee absconds from service without any notice, the employee has to pay back 2 months' salary. How is this possible? Now, my friend called them and asked about the certificate, and HR said to first pay 2 months' salary. How can we comply? Should I ask him to handle this matter with the help of an advocate?

Thanks in advance.

Regards, Riya

Hi Riya, sorry for the late reply.

Tell your friend to go ahead and speak to the company's HR. Ask him to mention that if they don't provide the certificate, he will take the matter to the labor court, as no company has the right to retain original documents.

Thank you.