Is It Legal for My Company to Keep My Original Documents Until I Leave?

Hi, people. I am working for a public limited company, and my office has a policy of taking original documents whenever a new joiner joins. They keep the documents there until the individual is in the organization. They do this to ensure that people do not leave without serving the notice period. I just wanted to know if this is legal.

It is also a kind of blackmailing the staff, and there is a risk regarding whether these documents are kept safe. This is my personal opinion. I have come across cases where these documents got lost by companies, and they don't take any responsibility.

Point 2: If a person wants to apply for any advanced courses or post-graduation, it is not possible without original certificates. It is very difficult when the company forces the staff to do anything, and their hands are tied up, and they cannot leave the company.

It is not legal at all. Basically, it falls under bonded labor where you may not have the freedom to leave at your own will.

No employer is supposed to keep original documents of any employee. If these are being retained by any employers, it could lead to legal proceedings.

Thanks & Regards,
S.P. Bhardwaj

It's not necessary to take original documents from employees. They can check the originality status of documents, but they do not have the right to keep the documents. If they are forcing you to submit your original documents for the duration of your service in that organization, talk to the HR department and confirm under which Act or law of India it is mandatory. You can also choose to deny joining such an organization. It might be possible that they will blackmail you in the future.

Thanks and Regards