How to Handle a Degree Certificate Mix-Up When Your Boss Wants a Quick Solution?

Hello Seniors, we are collecting degree certificates from employees for security reasons. When an employee leaves the organization, we return the certificate to them. However, one of our new employees misunderstood and brought their final result instead of the degree certificate. She has recently relocated here and submitted the final result instead.

I have spoken with her, and she mentioned that she can go home to bring the degree certificate, which would take 4-5 days, or she will be going home after 3 months and can bring it at that time. I am in agreement with waiting for 3 months since we have the final result currently. However, my boss does not agree with this approach and has instructed me to find a middle ground solution.

Kindly suggest what steps I can take, and also confirm if my decision is correct or not.

Thank you.

Concerns About Collecting Original Documents

The practice of collecting and keeping degrees or any other personal documents of any employee in original with the company is not right. I do not know if you are aware, but your company could face legal complications if someone finds out about this. All it takes is for someone to file an FIR with the nearest police station. As an HR professional of the company, if something like this happens, you too could find yourself in troubled waters.

I would suggest that you immediately stop this practice. Educate your employees about the pitfalls. There are various threads on this forum on related topics.

Regards

In addition to what Ankita mentioned, here's the link to another thread that's now active: https://www.citehr.com/459404-taking...employees.html. Your employer is asking for trouble. I suggest looking for better ways to retain employees.

Regards,
TS

Fully agree with Ankita and TS.

Verification of Original Certificates

The original certificates are demanded and kept only by government organizations. This is done for verification purposes only, not for any security reasons. This practice was adopted long ago only by very small and conservative companies. Now the trend has changed for them as well.

Please update yourself about recent trends and advise the management to refrain from such practices.

Inconvenience is regretted.

Best Wishes

Retention of Employees' Certificates

It's illegal to retain employees' original certificates. You may only request the certificates for verification purposes. Keeping the original certificates is not considered a good practice.

Regards,
Sivakumar

Legal Implications of Holding Original Documents

Taking the original mark sheet, passport, degree certificates, etc., from the candidate is considered forced labor, which is illegal. Your company can be legally penalized for this act, and of course, you can also be penalized as an HR professional of that company. Please have the originals returned immediately and STOP this practice.

While I agree that keeping original documents of employees is a bad practice, please tell me which law or rule makes it illegal?

Keeping original documents of employees is not just a bad practice but it's illegal and a violation of the fundamental rights guaranteed to every citizen of India under Articles 14, 19, 21, and 23 of the Constitution.

Many big corporates, as part of Corporate Social Responsibility, audit suppliers to check if any such malpractices are being followed (we don't just restrict ourselves to labor laws). We even go to the extent of talking to their employees (if such employees are working for our company's project) to see if he/she has been forced to work.

Hope this clarifies your point?

Regards

I do not see how this is a violation of fundamental rights under Articles 14, 19, 21, or 23. Second, fundamental rights are against the state and not against other citizens. Again, I clarify, I am against the concept of keeping originals. I am glad to see large companies doing these types of checks. It's a requirement under SA 8000 and other standards. But I still don't see any legal restriction against it. Failure to give it back or using it to coerce an employee to work against his wishes would be illegal, both under various sections of IPC and perhaps under the Bonded Labour Act. (I have not read that act actually). Taking it as a condition precedent to giving a job is not illegal from what I see.

Addressing the Practice of Retaining Original Certificates

Way back in the 1970s to 1990s, there was a practice of taking original certificates from employees for various security reasons. Nowadays, companies should not encourage this illegal practice of retaining certificates. Filing an FIR directly can put the employer in jeopardy.

As an HR professional, you need to take the initiative and address the current practice with management to find a better solution that will also make employees happier. When employers retain original certificates, they may feel secure, but it can make employees feel insecure and unable to perform at their best.

Thank you.

Few of the resources in our organization had collected duplicate certificates from the university by claiming they had lost the originals while their documents were with us. However, for good practice, we have stopped collecting educational documents from resources and released all the documents that were kept with us for many years.

I would suggest educating your boss about the legal complications in this regard.

- Reeja

Original Certificates Collection Policy

No company has the right to collect original certificates. They are required only for the purpose of verification on the day of joining.