How to Legally Obtain Duplicate Certificates After Breaking an Employment Bond?

I am planning to apply for my duplicate educational certificates as I had submitted all my original educational certificates to my employer and signed a bond. Now that I have broken the bond and my employer is not willing to release the certificate, I am planning to apply for a duplicate certificate.

Seeking Legal Advice for Duplicate Certificate Application

What should I mention in the complaint so that I don't run into any legal issues? I am sure somebody would have followed this path already. Experts, please advise.

Regards,
RK

Actually, a private employer would have limited rights regarding the restrictions on employees. Therefore, one should review the norms, terms, and conditions. Take a look at the general legal conditions related to employment. Companies that do not invest in employees beyond their salary do not have complete legal rights to retain their certificates, etc.

Therefore, it is advisable to consult a legal advisor with all the related documentation so that you do not need to apply for duplicate certificates.

Good luck.

Thanks and regards,
CRK

I agree with CRK. Any employer may not have the right to keep your original certificates. But what are the conditions of the bond which you have not complied with? On this, you need to take a legal opinion. On one hand, salary is paid for the work done, and you may not be required to pay back the salary. But if the employer has invested in your training, deputation, further education, etc., you may have to refund the same as per the clauses of the agreement that you have signed. Take a legal opinion. You cannot be cheated or forced to do anything against your will, but you can be asked to keep your word.

Ask Jowher to give you back all your testimonials. Otherwise, do what you believe.

There was no formal agreement signed on bond paper. Everything was on the letterhead, stating that you need to be working with us for a minimum period of 2 years. If you are not, then you need to pay 3 lakhs. This is the only clause, and it was on the company letterhead only. The only mistake I made was surrendering my original educational certificates. However, I have an acknowledgment from the company on the letterhead regarding this.

Please advise, guys.

Regards,
RK

Your certificates and testimonials are your personal property, and your company does not have any right to retain them. You can request the return of these documents through a legal notice, and if necessary, take legal action.

While I believe that any bond should be on stamp paper, it is important to determine whether an informal bond on a company's letterhead is legally valid. I recommend seeking advice from a civil law advocate and proceeding accordingly. It is possible that your company may have attached a stamp paper to the bond document at a later date to fulfill legal requirements if the date was not included with your signature. It is advisable to thoroughly review these details.

If a legal expert determines that the informal bond is not valid, you can challenge your employer to claim the bond amount through a court case. If the bond's validity is confirmed, you may be obligated to fulfill the agreed amount. However, I suggest being cautious in the future by not surrendering your certificates or signing any questionable bonds. Avoid companies that engage in unethical practices.

If you need to apply for duplicate certificates, you may need to falsely claim that the original certificates were lost during travel and file a report with the police. Attach a copy of the FIR to each application for duplicate certificates, as duplicates are typically issued only with valid reasons.

Regards,
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi

I agree with Mr. Dhingra's comments here. No company can keep your original documents as ransom if you fail to respect a bond. By the way, what kind of company keeps original documents? Please understand, these small-time companies do all these gimmicks to keep people with them. No company is supposed to keep your original documents in their records. So, you can ask them to give it back, and if they don't, file a legal complaint.

Secondly, if you have broken the bond, you shall be liable to pay them back in monetary terms or so. Please read the bond carefully for these fine lines and do as suggested to avoid any legal hassle. While you can file a case against them for holding back your original documents, they too can file a complaint against you for not honoring the bond. So, be careful and take the advice of a legal practitioner before you take any step.

All the best. Let us know what you decide to do. 

Regards,
Amrita

Consulting an Advocate for Legal Assistance

The best course of action is to get in touch with a trustworthy advocate to do the needful. Many members have provided valid suggestions and shared their experiences. It's time to stop discussing this and head to the lawyer's office. It really helps.

If you feel insecure after talking to the advocate (in my experience, this generally happens in 1 out of 3 cases), send me a private message, and I can help you.

Guys,

Thanks to everyone for the valuable guidance. Before I go and consult an advocate, is there a government department like the labor officer to whom I can complain about the harassment? What authority/power do government officials have over these types of companies?

RK

Hi sir, my name is Varun. In March 2014, I joined a company and signed a bond for 18 months, submitting my original 10th-grade marks memo. Due to health issues and harassment from the management, I left the company within 3 months. Since last year, I have been trying to convince the company and obtain my original certificate, but they refuse to return it, insisting that I must pay 1 lakh rupees to retrieve my 10th-grade certificate, as per the company bond I signed. These are company documents, not legal papers. Additionally, I have not received my offer letter from the company.

Could you please assist me in retrieving my 10th-grade marks list?

Regards, Varun.