Is It Legal to Request Original Certificates from Employees on Bond? Urgent Help Needed!

Hi, my company has decided to collect the original certificates from the employees who are on bond with the company as per the special memorandum passed in the meeting. I require a draft or letter for requesting the original certificates from the employees. I also have a few questions in mind. (It is urgent)

Questions Regarding Collection of Original Certificates

1. Can the company collect original certificates (marks sheet, degree certificate, passport) from the employees who are already on the bond?
2. Is it legal to collect the original certificate from the employees, or is it an understanding between the company and the employee or candidate?
3. Can the company pressure the employee to adhere to the bond by collecting the original certificate?

Thanks and Regards,
Padmini.

Dear Prashant, Thank you for the advice. This is my query put forward to the community, asking for its opinion. There was a case where an employee left the organization. There is no issue if the employee is leaving the organization, but the way he left without adhering to the rules of the appointment letter and bond is concerning. That is the reason I have asked for advice from the community on whether it is legal or not to collect original certificates. I request you to provide further points on this, such as whether the company can be sued by the employee, etc. I am taking this in a positive way.

Thanks and Regards, Padmini

I agree, no one will be willing to submit their original certificates. I have gone through some interviews where they asked me to submit my original certificate even though I didn't have to sign a bond with the company. Some even asked me to sign a bond with the submission of the original certificate. Such practices are carried out in some companies. I am not supporting this, but I would like to know more about it so that I can suggest or present some points to the company to avoid going this route.

Thanks & Regards,
Padmini

Under Article 23 of the Constitution of India, forced labor is prohibited. Under Section 27 of the Contract Act, restraint of employment is null and void. Under Article 21, there is a right to personal life and liberty.

Hope this will help you understand that the bond system is not legally justified completely if questioned by the Appropriate Court.

The bond is valid if you provide certain training to the employee to enhance their skill level. At that time, you may sign a bond with the employee to serve you for a specific period, which should be reasonable. You cannot arbitrarily decide the bond period.

One more thing specifically I want to mention is that signing a bond doesn't mean the employee cannot leave your company during that period. They can still leave your employment by paying the bond money. If the employee leaves the company without adhering to the bond, the company may retrieve the bond money through the court of law but cannot force the employee to fulfill it.

As rightly pointed out by Prashant, retaining personal property of an employee (such as marksheets, passport, and educational certificates) is entirely unethical and a wrong practice. This action would fall under forced labor, which is illegal.

Hope this clarifies the situation.

I find myself in a similar situation. My employer is considering holding onto employees' certificates to prevent or minimize instances of absconding from the organization. If you have a letter format that management uses to request certificates from employees, could you please share it with me? I would greatly appreciate it.

Regards,
Swarna

Dear Ms. Padmini, I find myself in a similar situation. My employer is considering holding onto employees' certificates to prevent absconding. If you have a template for a letter from management requesting certificate submission, could you please share it with me?

Regards, Swarna

Legal Implications of Holding Certificates

Dear Swarna, please carefully consider the discussion at hand. Holding employees' personal documents to ensure their loyalty is illegal. It amounts to bonded labor, which is prohibited in India and carries significant legal consequences. I urge you to refrain from enforcing such practices.

Best regards.