Stuck in a Job with No Pay and No Training: How Can I Get My Documents Back?

On 01 June 2013, I joined as a trainee in a private limited company with a stamped bond of 2 years, which includes 6 months of training. I submitted my original documents for verification. Now, I want to leave the company because of three reasons:

• Salary is not paid on time every month.
• Working hours are not fixed.
• There has been no training in the last four months.

However, now the boss is not returning my documents. How can I retrieve my documents? Although he has issued a "warning letter," can I leave the company without paying anything?

Regards,
Rajeev

Hello, Rajeev. Are you not aware that no employer can hold any document of an employee in India? Many Gulf countries practice this, but India prohibits it. According to the Constitution of India, every Indian has the right to work for whomever they wish. There is an employment-at-will policy in India, so they can't force you to stay by holding your documents.

In many similar cases, people were advised to report such practices to the nearby police station. The office's area or HOD must be under the jurisdiction of the police station where you file a complaint.

Regarding Bonds

The validity of the bond depends on the legal terms used and how it is structured. What clauses are stated in the bond? What are you required to pay if you leave the company before 2 years? How would the company compensate you if they terminate your employment before 2 years? What is the separation policy of your company? There are various factors to consider in this matter. Please share more details.

For further learning, you can also read: https://www.citehr.com/30808-bond-le...-breaking.html

Regards.

Legal Implications of Employment Bonds in India

Any bond that forces you to work for a particular employer is not legal. Keeping documents of an employee and not returning them after verification, while forcing the employee to work to retrieve their documents, is totally illegal in India. You can file a complaint regarding this issue with the labor officer of that area.

Regards,

Thanks shah01akanksha and couvery. Some points of my bond:

(i) I will be under training for 1 year (from 01/06/2013) with an emolument of ₹5,000 per month, thereafter a 6-month probation period.

(ii) Main Clause
DURING THE SERVICE PERIOD, THE EMPLOYEE WILL NOT BE ALLOWED TO LEAVE THE COMPANY FOR THE FIRST 2 YEARS FROM HIS JOINING. IF HE DOES SO, HE WILL HAVE TO PAY 6 MONTHS' SALARY BASED ON THE LAST PAID SALARY, ALONG WITH THE COST OF TRAINING ₹60,000 TO THE COMPANY.

(iii) The company can terminate me at any time without prior notification. However, the company hasn't provided me any training yet.

Please help, how can I regain my original documents?

Thanks

You bond is one-sided and ideally not viable. A company that asks the employee to pay 6 months' salary if they break the bond, but can terminate at any time even without notice, is not acceptable. You can give notice and resign by stating your last working day. There is no need to pay the breakage charge.

If you have proof that you have not been provided training, you won't have to pay the training cost quoted by them as well. However, the twist in the case is they have your original documents which they may not hand over. Hence, I told you to be firm. If they don't, you have the right to file a report against this practice.

Act wisely, and next time do not join an organization that asks for the submission of your documents. If you are to sign a bond, please read the bond, understand the consequences, ask all your doubts, and take your time to sign it. Most people are so desperate in their job change or whatever, they forget to think before they sign the bond. Avoid simple mistakes in life to avoid complex situations ahead.

Employer Retention of Original Certificates & Testimonials

Your Query: Can the employer retain your original certificates and testimonials and not return them?

Position: The original certificates and testimonials must be returned as soon as the pre-employment verification/scrutiny is completed. Write an application addressed to the appointing authority stating the facts of the case and listing the original certificates and testimonials submitted and received on their behalf. Request them to return them intact upon receipt of your application, failing which you will initiate necessary remedial action, including legal measures, to retrieve your certificates and testimonials. Send this application by registered post with acknowledgment due. Preserve the acknowledgment card. Write to them that you would like to receive your original certificates and testimonials personally after examining and being satisfied that they have not been tampered with in any manner.

The said act on the part of the employer amounts to "harassment" and a violation of your fundamental right to life with dignity and is a cognizable offense under the IPC.

If you do not get intimation of the date and time when you can collect the certificates and testimonials, use RTI provisions by applying to the Labor Commissioner or the authority under the Shops & Establishment Act and State Rules to inquire whether they have issued any directive that certificates and testimonials can be retained forever and not returned to the "owner."

Regards,
Kritarth Consulting Pvt Ltd
www.kritarth.in
[Email Removed For Privacy Reasons]

12-10-13

Why Do People Continue to Hand Over Original Certificates?

It is surely possible now to get color photocopies and have them certified as true copies by a notary. Tell them the originals are stored safely in a bank safety deposit box, and that is where they are staying.

Handling Document Retention and Service Bonds

The discussion has two aspects. First, what can be best done when documents are not returned by the employer, and second, what can be done about the Service Bond which has been signed promising something. In all the queries, none has specified their education, past experience, and the type of industry where they are working.

Now, let us deal with the first one: unduly retaining the original documents by the employer can be termed as unlawful and unethical. When the checking is done, the documents are required to be returned immediately. There is no necessity to hold them unless something is doubtful or suspicious. Making any complaint to the police station of the area concerned may not help or work always. It is always better to insist on the return of documents when checking is done. As we can see, for the opening of a bank account, the originals are immediately compared with a copy and returned. There is no necessity for any candidate to submit original documents for a long time. Candidates, please do insist on the return of originals immediately.

When you are appointed as a trainee, a standard training program is necessary to be included in or attached to the bond. If instead of training, the employer is utilizing you as an employee, then the purpose of the bond gets changed. Obviously, the terms and conditions of the bond become voidable at your option and not at the option of the employer for the sole reason that the employer has been using you as an employee under the guise of training. In such a case, you do not have to worry about the bond.

Though you're supposed to obey the bond, the company has failed to fulfill its promises, such as providing no training and delaying salary payments. Also, if the company hasn't stated in the bond that it will hold your certificates, then the company is at fault. Don't worry. Gather evidence of the late salary payments and the lack of training. With this evidence, ask your lawyer to be very strict in the legal notice that will be given to the company, along with a claim for compensation for the mental agony due to work stress. You will definitely win, as I recently handled such cases for my client company.