Is It Normal for Colleges to Withhold Salary Until Original Documents Are Submitted? Seeking Advice!

Hi,

I am working as a lecturer in an engineering college, and it has been 5 months since I have been working here. When I was interviewed for the job, I was asked to submit my original documents here. At that time, I thought that it's a common practice. However, soon when I contacted my friends in the same profession but in different colleges, I came to know that it's only our college which has been doing this. So, I did not submit my original documents in the college as at the time of my appointment, all my documents were verified by the Principal and Director.

Initially, the admin told me that I won't be given my appointment letter if I don't submit my documents. But after 5 months of working, they stopped my salary. Upon being asked, they say that I have to submit my original documents to get my salary. So, is there any provision? Previously, I was with a renowned MNC with a much higher salary than what I am earning here, and even they didn't ask for the original documents. Can anyone advise on what I should do because I don't want to submit my original documents?

Thanks and regards,
dp

My problem is I've been working as a Lecturer in an Engineering College for 5 months. However, now the college administration is demanding, rather compelling us to surrender our original certificates. This is unlawful, to the best of my knowledge, as per SA 8000. The college has stopped my salary for this month, stating that they have processed the salary and will only release it to me if I surrender my academic certificate to the college. This is an attempt to retain us. My record as a Lecturer is clean, and they have no right to do this. If you can suggest where I should report this discrimination to have an instant impact on them, I would greatly appreciate it. I am finding it challenging as my salary has been stopped, and I have some financial commitments to take care of.

I will be very grateful if you can help me. Thanks and regards.

Hi,

In my view, you may talk to the Director/Dean about your disinterest in submitting your original documents. Just ask them to see your past record to show that you have been stable throughout (if you have been). Give them reference numbers where people can vouch for your performance and stability. No employer can retain an employee's salary based on the non-submission of any documents unless you have made such a statement on a legal paper in writing. Even if you have, no employer can withhold an employee's earned salary.

My suggestion is to talk to them politely and make them believe that you have joined that institute to stay for some time. If they do not agree, you may seek help from the labor department and inform your management that if they do not agree to release your payment, you might have to seek assistance from the labor department. There, you will definitely receive your payment, but you might end up damaging your relationship with your organization. So, think twice and take a better stand.

All the Best! Parul

Yes, one of my colleagues who happens to be facing the same problem went for a meeting with the principal regarding the issue. But, I regret the fact that our principal is shallow enough to understand that he is putting himself in deep waters with dire consequences. In the heat of the moment, he told my friend to take legal actions against him! Of course, I haven't done anything wrong, and my record is clean and stable as I haven't taken any leave since I joined the institution.

It is highly unethical for an employer to ask or take original documents. Consequently, rightful salary cannot be denied on account of this. You are at liberty (and encouraged) to seek legal remedy.

An organization can take originals for the purpose of verification and not more than that. It is an unethical practice on the part of the organization to take original documents - it's like when employees go to foreign countries - and some employers take into custody their passport! I would understand that in a written contract, the college would not have kept such a provision - and if it has, then that would basically be illegal. By stopping the salary, they have added to their illegality.

Hello, if you enjoy and like the service, just submit the documents. There is no need to worry. At the time of necessity, you can get a duplicate certificate from the University.

Dear Friend,

It is common practice in most colleges for many individuals to attempt to switch jobs or pursue higher education, which can disrupt the college's annual education plan. This simple action helps to secure the college's annual study plan.

Goodbye

Hi,

Listen, one of your colleagues faced the same thing, and you are aware of the type of experience he had. I would advise you not to take any legal steps against the management as that could lead to harassment for you in the future.

1. If you take any legal steps against them, they might frame you for other unauthorized activities.

2. If you do not submit your original documents, they will stop your salary (as they have done before).

3. Right now, you don't even have an appointment letter from the same institution, and because of that, you will never be able to prove to the labor office that you are their employee.

Therefore, I would advise you to assure them that you are ready to submit the documents. Actually, submit the same. Whenever you submit your documents, don't forget to get a receipt. Get your salary first, then the appointment letter, and then reassure them that you will not leave, and then calmly work hard to retrieve your documents. (During this, you have to search for a new job.) Once you get a new job, demand that your management return the documents, and if they refuse, you have to take legal action. Until then, first get your salary, reassure them, maintain the relationship, and then they will be confident that you are their person.

Listen, if you confront them, they will make your life miserable. Why create new problems every day in your life? One thing is clear: you have to do something to fulfill your responsibilities towards your family and all that. Until you get a new job, you have to play a cat-and-mouse game with them.

Dare, man. Dare will bear anything.

Regards,

Ravi Kulkarni

9326566326

Dear all,

First of all, a big thanks for your advice and your views. I can't tell you how much it has boosted my morale! My interview at the college only began after each and every certificate was verified by the Principal himself, so the verification process has already been completed. If they needed it for this purpose, I have never refused or shown any reluctance because I understand its importance. However, they want to retain the documents. As far as my perspective goes, I consider my documents to be personal assets and do not wish to submit them. I am contemplating seeking legal action.

Thank you.

Hello friend! There cannot be any provision for submitting original documents in lieu of services. These testimonials are our life's treasure; they cannot be given away to anyone for keeps. I am also a lecturer in MBA. Nobody asked me to submit my documents. Don't give them.

Hi,

Never submit your original marks card anywhere. It's better to speak with your dean and ask why they need it.

Regards,
Pandit

Hi,

Please note that some companies follow this practice, but there is a wiser alternative. You can submit the certificates (as you need to work) and ask them for a receipt of the same. Also, ask them to give you an appointment letter or a minimum notice period. So, whenever you go for any other interview, you can show photocopies of certificates and show the receipt given by your college. If you get selected, give notice to present, collect certificates, and leave.

By this way, you will get the salary on time, and there is not much risk. Don't take legal action as it is lengthy and not worth it. Please give feedback.

Siddharth

Hello,

Though every employer has the right to verify the qualifications and work experience mentioned by the employee in their CV and at the time of the interview, the employer does not have the right to keep the supporting documents in its custody without sufficient reasons or grounds, and also beyond a reasonable time frame. At most, the college, in your case, should have returned the documents after physically verifying the certificates or after verifying them with the issuing authorities.

You need to discuss your concerns as mentioned above first with the management. If that fails, you can request in writing the reasons from your college for not releasing your salary, which is rightfully due to you, and contact your nearest Labour Commissioner's office with your complaint. This action will initiate steps against the college under various labor laws. However, be on the lookout for a new job as, unfortunately, in India, such unprofessional employers can make it difficult for employees like you to continue working there.

Well, it is not mandatory to give your original certificates; however, many colleges do practice this as they want assurance that you won't leave them in the middle of the term without prior notice. It's just a safeguard practice and is not enforceable by law.

Certainly, it is not fair for an employer to hold original certificates of employees. However, in your case, as an employee of a University/Educational Institution, you have to check if there is any provision in the Service Rules that allows the Department Head to hold certificates of Faculty Members. Do not confuse the Labour Acts with the University Act and Rules established thereunder. You are bound not by Labour Acts but by the Service Rules of your University.

To my understanding, a Faculty member is not considered an employee under the Industrial Disputes (ID) Act and similar Labour Laws, and the employer, namely the University, will not fall under the definition of Industry. Correct me if I am wrong.

Regards, Madhu.T.K

Hi, I am facing the same problem. I also have not received my appointment letter. Even my college is asking me to submit my original certificates. It has been three months, and I have not received my salary. What I would suggest to you is that if you are sure you are going to stay there for a couple of years, then you can submit; otherwise, just walk out from there because there is no other alternative.

Just ask them if they are ready to receive the original documents or sign on the photocopy by the principal or dean. If the Principal or dean is ready to sign and stamp, then you may submit the original. Make a colored photocopy and keep it with you before you submit the original or do a colored scanning and store it somewhere SAFE. The college is not authorized to keep the original, but for the sake of security, sometimes they need to keep the original. In the meantime, if you feel that you should change your job, then the photocopies may work for a long time, and in the meantime, you may collect back the original from the present employer. PLEASE DO NOT SUBMIT YOUR ORIGINALS IF THEY ARE NOT READY TO SIGN AND STAMP. Best regards, Nadeem Arshad

Dear all,

No educational institute can ask for the original certificates of any employee; it's unethical. Even if you are working with a private education institute:

1. You can speak to the management and express your disinterest in submitting the original certificates. If the management still insists, you can approach the government authority from where the private institute obtained their approval, which could be either UGC or AICTE.

Regards,

Many educational institutions follow this kind of policy because, after receiving their salary, employees may leave without giving proper resignation. I know many lecturers who engage in such unethical behavior, which is why management implements this policy. In my college, a lecturer faced this issue as they were not provided with an appointment order until they submitted the original documents. Leaving without informing management directly impacts students' education. Some lecturers choose to leave during exam times or projects, prompting the institution to enforce this policy. Unlike other industries, educational institutions require original documents for the safety of students. In my opinion, if you leave your current company for better prospects, who is responsible for the students' education? While I believe this is justified, the policy itself is illegal.