Stuck in a Job Bond: How Can I Get My Certificates Back for a Government Job?

Hello friends,

I am working in a company as a trainee and signed a bond for 3 years. They have kept my certificate as well, and they orally mentioned that whenever I require it, I will get it.

However, now I am applying for a government job, and they are saying that they can't provide me with the certificate. They mentioned that I will receive it after 3 years. Now, I am unsure of what to do. Can I go to the labour court, or do you have any other suggestions?

Thank you.

Resignation and Document Retrieval

Put in a resignation in terms of your offer letter. What is the condition for resignation? Any charges for training? If so, offer to pay a proportionate amount. The company cannot refuse to return your documents; it will become an offense under IPC. Documents are your personal property and cannot be converted for use as a security deposit by the employer. Put in a written request for the return of all documents, and if not heeded, seek help from a lawyer to issue a notice. The company cannot stop you from changing jobs or exercising your right to leave. Which industry is your sector? The labor officer may be helpful.

Dear Friend,

I do believe that there must be mention of a few wordings pertaining to bond violation on either side. Is there any financial penalty mentioned there, without that I can't give a suggestion? Please do the needful.

Regards

You can lodge an FIR if your employer fails to return the documents. However, only resort to extreme measures after you have decided to leave the job and have found new employment.

A training bond may not be valid due to too many loopholes. It would be advisable to consult with a lawyer. You should be able to transition out of this role.

Dear Ashish,

Understanding the Legality of Employment Bonds in India

First of all, understand that such bonds do not hold any significance in India. It is completely illegal to make employees sign such bonds.

Steps to Retrieve Your Original Documents

Therefore, you should submit a formal resignation to your immediate superior (n+1 / HOD) and request all your original documents in writing. Make sure to retain a copy of both the resignation letter and the request letter. If your company still does not return your documents, send a formal email stating that you will file a First Information Report (FIR) against them, providing them with a two-day notice. Do not hesitate to proceed with lodging a police complaint if you do not receive a positive response.

Good luck.

First, understand that as per labor law, no company in India can take a legal bond from any employee. It is completely illegal. Your documents are your personal property, and the company does not have any right to withhold your documents for any reason.

Please submit your formal resignation to the company with a written request to return your documents within 2-3 days, citing an emergency.

If they do not return the documents after this, speak to the authorized person in a very polite manner. State that if they still do not return the documents, you may lodge an FIR against the company. Also, document this communication in an email. Do not be afraid to go to the police station as what your company is currently doing is illegal.

Wishing you good luck!

Regards,
Ashwini SS Mhapankar

@ABHAY_011

I have signed a pay bond, but there is no mention of certificates. They have given me an acknowledgment letter in which it is written, "you are submitting according to employment terms and conditions," but there was nothing mentioned about certificates on the bond.

How can the law help me?

There are two mistakes you have made:

a. Why have you disclosed to your current company that you are applying for a new job, whether government or private?
b. Why have you given your original documents?

Now, you need to thoroughly check the violation norms of the bond. Without referring to the bond norms, how can anyone provide concrete information in this regard?

Regards,