Feeling Stuck: How Can I Get My Certificates Back from My Employer to Leave?

Dear Seniors,

I have joined a recruitment firm 3 months ago. One of their conditions during the interview was that I needed to surrender my educational certificates to them for a period of 1 year. I agreed and complied since I didn't pay attention to it at the time.

Now, I have noticed that the management is not systematic in any aspect of their operations, ranging from recruitment to collections and terms. They also do not provide good policies for employees. It is essentially a family-run business.

Even when I offer suggestions, they are not considered. I feel trapped in this situation.

I want to leave this company, but my certificates are still with them, which is preventing me from doing so.

Please advise me on the procedure to retrieve my certificates (10th, 12th, and UG certificates) from the university so that I can confidently leave this company.

Regards,
Kumar

Dear Kumar,

It is a little weird that you submitted your certificates. Usually, people sign bonds. Anyways, the employer doesn't have any right to withhold your certificates. Have you signed a bond with your employer? If so, does it have a termination (separation) clause in it?

If you have not discussed your separation with them, you can talk to them about the situation. Tell them directly that you are willing to quit, explain the reason, and also inform them that you will serve the relevant notice period. Request your certificates back.

Thank you.

Dear Kumar,

Think before you decide to quit. Not everywhere else are things fine. Finding a job is difficult now. Policies are a problem everywhere. You will face challenging situations everywhere.

As of now, I suggest that you work here and simultaneously look out for an opportunity (if that's what you have ultimately decided). Once it's confirmed that you are getting a better and SAFE job, discuss with your current employer. You need not state that you have a better offer because, trust me, they will not give your certificates to you without a large amount of begging, and they will hold so much anger in their mind. Just say that at this point, you want to pursue higher education (you can also try that option - a part-time course) and you may not be in a position to continue with them.

In this way, frustrations are reduced. Also, to be on the safe side, go for a part-time course that can add value to your career. You will lose nothing with this regard. And next time, be careful; don't give your originals to anyone at any cost - the reason being simple: you are still doing part-time courses, and the originals are with institutions. You can say this.

Dear Mr. Vivek,

I have signed a contract for a period of 1 year. If I decide to withdraw from my current position, I understand that I will be required to pay 3 months' salary and serve a 1-month notice period.

I am curious to know if there are any alternative options available for me to obtain my certificates, other than through my employer. This would help me in making a smooth transition if needed. Please advise me on this matter as I am feeling frustrated.

Regards,
Senthil Kumar G.

Dear Asha,

Thanks for your suggestions. I have signed for a period of 1 year. If at all I am withdrawing from them, I need to pay 3 months' salary and serve 1 month notice. I would like to know whether I have any other options apart from getting it from the employer so that I can quit easily. Please let me know. I am frustrated.

Regards, Senthil Kumar G

Contract is invalid. There is only - either serve the notice period or pay the notice amount. If it's taken legally from their end - nothing to worry, as they are the people in trouble for creating an act with no base or connection with current legal acts. I think it's better you get it from the employers - it's your certificate that you have struggled to get by putting in efforts for years. Not a toy for them to scare you. Trust me - they need to be frustrated if they withhold your certificate, not you. Because legal actions will support you. And by the way - your contract itself is void.

Let's wait for other seniors to suggest, especially experts in labor law.

Hi,

If you have signed a bond, let us know whether you and your employer have the same copy signed by both of you. As far as I know, if this procedure is followed in your case, we may have to take legal action.

Most people do not practice this and have only a single copy signed by both you and the employer. If this is the case, it is not considered valid.

Regarding the certificates, it is a legal offense. Even if you have signed the bond, you may be able to retrieve your certificates by seeking assistance from the local police if your employer is not providing them for your higher studies.

We can address the bond issue separately. Please consider this carefully and make a decision.

Regards,
Karthikeyan V.

Dear Mr. Kumar,

Any organization can keep the original qualification documents and only bind them after providing prospective training for utilizing higher efficiency of the employees. Even without providing any kind of training, how can they retain your original documents? This is a very illegal practice. It is shocking how you were not bothered about this before.

Well, you can politely ask them to return your original documents for further studies. Remain calm and patient. If they refuse, there is no need to engage further with them - you can go to the labor court or local police for assistance.

I agree with Ash Mathew.

After retrieving your Original Qualification Documents, they may try to pressure you, but they do not stand on legal ground.

Regards,

Pankaj Chandan

Dear Mr. Kumar,

I also agree with Pankaj. Why were you not concerned about your certificates before? Not only you, but many people are doing the same. Okay, no issue. First, you should politely discuss this with your employer. If there is no response from them, you may approach your local police regarding this; surely, they will help you.

Thanks,
Balaji Venkat

Dear Kumar,

I do agree with Mr. Karthikeyan that holding the certificates and signing the bond are two separate issues. Secondly, I also agree with Ash Mathew that the bond signed by you is void. As suggested by Mr. Pankaj Chandan, you should ask your employer politely to return your certificates and to relieve you. If they refuse:

1. Lodge a complaint at the local police station to recover your original certificates.
2. Since the bond signed by you is void, you don't need to bother about it. Let the employer go to the Labour Court.

Thanks

First of all, let me know if you have received an acknowledgment regarding the submission of certificates to them. If not, it would be better to wait until the completion of one year.

Secondly, is the bond one-way or two-way? If it is two-way, it would be advisable to wait for one year.

Thirdly, do you have any alternative job options? If not, please try to find one. Then, you can submit your resignation and politely request for the certificates, as suggested by Asha. If not, then you may need to take legal action. If you decide to confront the situation, do so decisively and do not give the management any time to react. Never consider repeating such actions; in that case, you may need to involve labor authorities, legal representatives, media, etc.

Regards,
Kameswarao

Please ask your employer for your certificates. If they are unavailable, request the University and Board to issue duplicate certificates for applying to future jobs. Once you secure a new appointment, inquire with your previous employer to return your certificates. If they refuse, consider filing a police complaint (FIR) against your former employer for recovery.

Abraham

Dear Kumar,

It is not legal for your employers to collect your certificates. Also, the bond itself is not legally valid. Have they offered you three months' compensation in the bond in case they send you out? No service bond can be one-sided and will not stand the scrutiny in any court of law.

You have not clarified if the company has given you any kind of acknowledgment for having the certificates with them. If they have given you one, I would then suggest you send the concerned manager an email (also save a copy in your personal id) requesting him to return your certificates as you are going to pursue higher studies or simply tell them that you need the certificates for getting transcripts from the University. Whatever reply you get from them, please keep it safely and also save it in your personal id. This would help you if and when you have to take legal action or seek police help.

Lastly, in retrospect, you should have thought well before you accepted conditions that were illegal and were not in your interests. Please be careful at least in the future.

All the best,
Krishnan

Dear Vivek,

Don't get frustrated; just try a smart trick. From now on, start behaving like a non-performer who doesn't produce any output. Over a period of months, your employer will likely realize that you are unsuitable or unfit for the position. He may ask you to resign at that point. When that happens, agree to resign on the condition that he returns all your certificates. This may take a little more time, but it should work.

Regards,
Vinayak

Dear Kumar,

Your employer does not have the right to take your certificates, nor do they have the right to keep them for a year. However, as you have already handed them over, it may be best to seek an alternative path as they may not return them, even if you choose to specifically request them. Not returning them would mean you would need to take legal action, which is expensive and not a cost you want to incur in these times.

Most training organizations keep records of who completed which course and which certificate they were given. You should get in contact with the organizations that provided the training and request a copy of your original certificates. Do this as soon as you can, as many companies are going out of business in these difficult times.

If you continue to be deeply concerned about your employer's practices, it is worthwhile looking for your next position before you leave. The IMF predicts 2009 to be a tough year for employment so you should use your networks to source another position before you leave the current one.

My advice: this is a time for clever thinking and wisdom, not fear.

Louise Metcalf

Dear All,

Original certificates cannot be taken except for verification with the copies. In case you feel that you will not get it back after you resign, it is better to make a demand for it while you are still serving. Even if you resign, you can collect it through the police as the company would be wrongfully retaining your property with dishonest intentions.

With Regards

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Hi, you can tell them that you need your certificates back for some time as you need to get your passport made for a police enquiry and all. Or else, you can give any other reasons.

Regards, Jagriti

Hi!

As per the provisions of the Indian Penal Code, retention of Original Certificates & Mark List by the Employer is a criminal offense punishable under Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY], 406 [CRIMINAL BREACH OF TRUST], and 420 [CHEATING]. Dishonest misappropriation and conversion of movable property to their own use need to be proved under Sec 403. The same applies to Sec 406, where deception needs to be proved for Sec 420.

I hope this may help you out.

Regards,
Suru

Hi all,

Kindly provide an idea for me as I will be joining a new company where they are asking for original certificates. Please advise on how to handle the situation of not providing the certificate and also explain about any bond requirements that may be in place.

Awaiting your reply.

Thank you

Employers nowadays are asking for a bond in the format of an Undertaking & Surety from guarantors. In the undertaking, they include clauses that they require in the bond, and they also have it duly notarized by some authority. Please let me know if there is an example of breaking such a bond because the clauses in these bonds generally state, "I am willingly submitting Certificates." Can these kinds of bonds be challenged in a court of law because the clauses in this bond indicate that the employee is willingly accepting the bond? Moreover, employers mention in the offer letter that you will have to execute the undertaking.

Thank you.