Is It Legal for Companies to Hold Original Certificates? Seeking Advice on Retrieval

Dear friends,

Good day and prosperous New Year wishes to all. One of my friends, a fresher from 2014, recently had an interview with a company and got selected. As per their request, he handed over all the original certificates and made an agreement for one year that he would not leave the company. Unfortunately, he had to leave the company due to poor health, as it belonged to the chemical industry. When he asked for his certificates back, they denied his request and refused to return the certificates for one year.

Seeking Advice on Certificate Retrieval

Can you kindly suggest a possible way to retrieve the certificates? Is it legal for the company to hold onto the employee's original certificates?

Thank you.

Keeping the original documents/credentials hostage so that the employee serves the full contract period is illegal and, more so, unethical. However, many firms practice this to ensure retention. The HR fraternity should understand that this raises a crucial 'perception problem' about the firm. Without delving into the ethical constraints of retaining certificates, I suggest you review the clauses stated in your employment contract. There should be a legal provision for exiting, meaning the employee might need to pay a specified sum if they terminate their employment before the contract expires. Once you are relieved of your duties, the firm is obligated to return your certificates as there are stringent protocols in place to safeguard these documents, making the process somewhat laborious.

Nevertheless, it is also important for you to reflect on your decision to seek new job opportunities next time.

Thank you.