Can Employers Legally Hold Original Certificates? Exploring Employee Rights and Actions

We desire to know if the employee refuses to deposit the original certificate. Can the employer take any disciplinary or penal action against the employee? Moreover, how many days can the employer hold the original certificates? Is there any legal clause under the labor laws wherein the employer can hold the original certificate?

Agreement on Depositing Original Certificates

The issue here is not clear because if the employer and employee have an agreement to deposit the original certificates by the employee with the employer for a specific period, in consideration for giving employment to the employee by the employer, in such a case, the employee must deposit his original certificates with the employer until the specified period has lapsed.

In general, no employer shall insist that any employee deposit original certificates with them. Upon scrutiny of the certificates at the time of the interview and after the completion of joining formalities, the employer should return the original certificates of an employee if they were taken for a day or a few days for verification purposes, etc.

On the other hand, if depositing original certificates is one of the terms between the employee and employer for a specific period in exchange for employment, then the employee is required to submit their original certificates to the employer. Failing to do so, the employer has the absolute right to terminate the services of such an employee for breaching the terms of the agreement or appointment order, as the case may be.

Regards,
NVRao Naidupeta

Dear V. Cherian, taking original certificates from employees and holding them is not an ethical practice. Certificates are given to employees for certain accomplishments/achievements and belong to them. One can only scrutinize them and keep a certified copy for one's record. Holding them like a security deposit/collateral, etc., is not a good thing to do with employees. Kindly educate your employers as a conscientious HR professional.

Regards.