Stuck Without My Certificate: How Can I File a Complaint Against My Former Employer?

I was working in a private limited company, and there were some rules that were very difficult to obey. Due to harassment, I had to leave the job without notice. Now the company is not processing my clearance, and 10 months have passed, but they keep saying to wait for some more time.

I also want to mention that I had submitted an original certificate of my studies because the company demanded it, assuring it would be returned upon leaving the job. There were some other rules as well which were quite unfair, such as the 10:30-hour duty requirement, among others.

Despite the 10 months that have gone by, they are not providing any response to me. Please advise on how to file an online complaint against the employer, as this situation is causing harassment to many employees.

Thank you.

After the expiry of a one-month notice period, which is generally provided under the Shops and Establishment Act, you are deemed to have been relieved. Please send a legal notice to the employer to provide you with a relieving certificate and return your original certificates. Failing to do so, you will prosecute him under Section 406 of the IPC.

Thanks,
Sushil

You can visit the labor office along with the accepted resignation copy from the employer and give them a written complaint against such an employer.

In my view, Sec 406 and 35 of the IPC can be charged. But before taking legal action, think three times. The best approach is to send a letter via speed post to the registered office of the company, describing your grievance and problem(s). Provide a TAT of 10 days for the company to reply and clearly state that if they don't cooperate with you, you won't have any option left apart from taking legal action. Copy the letter to the concerned state labor commission.

If they still don't reply, proceed with an advocate's letter. Consult with your advocate; you may need to file a complaint at the police station against the company for forcefully and arbitrarily holding your certificates. Take legal action after consulting with your lawyer.

Points to Keep in Mind:

1. Legal action will take a lot of time.
2. It involves a considerable amount of time, effort, and money.
3. You must have evidence that your employer is holding your certificates. Strong evidence means documentary evidence in this case.
4. If many people are experiencing this issue, consider collective action. One litigation can solve many people's problems.
5. Sec 34 of IPC may be charged. (I used the word 'MAY'.)

DISCLAIMER: Whatever legal action you want to take, do so after consulting with a competent lawyer. Please don't hold me responsible for anything you decide to do. It's your discretion; we professionals don't recommend legal action against an employer. Instead, we believe in negotiation, patience, and, if necessary, arbitration.

Many people may suggest taking legal action, but personally, my best suggestion differs slightly.

My best suggestion would be to file a complaint at the local police station, stating that you lost your certificates and try to obtain duplicate certificates from the institution that issued them to you. Inform them that you lost the certificates. Try to find a solution from it. I would say, don't go for litigation unnecessarily unless it's the only last option left.

Regards,
SOVIK B