Stuck in a Job Outside My Domain: How Can I Resign Without Losing My Certificates?

Hi all, Thanks in advance. I have a problem with my new offer. Recently, I received an offer from Company A, and they made a service agreement with me for one year, which I already signed. I have also submitted my academic certificates and passport to them. Upon joining the company and going to the office on the first day, they assigned me work outside of my domain. I informed them that I could not work in this domain and expressed my desire to resign on the first day. However, they refused to accept my resignation. Due to numerous issues with the management, I want to leave. They mentioned that if I am unable to work with them, I would need to pay a certain amount, and they would not return my certificates and passport. I am seeking advice on how to handle this situation without making any payments. I also need my certificates returned without encountering any legal complications. Please advise me on what steps I should take. Thank you.

Understanding Your Employment Rights

First thing, what domain do you want to work on? What is written in your service agreement? Was this made clear in your CV/Resume? What is your job description? It is very clear that the employer has no legal right to withhold your educational certificates and passport. Tell them you will be forced to file an FIR for retaining your documents and passport. If you have only spent one or two days in the company and want to leave, they cannot force you to pay any money. The organization has to prove that they have spent time and money training a person, and therefore, retention for a defined period is in the interest of the company. In your case, you have hardly worked, and they are putting you in a different domain. However, you may have to take a legal approach if they don't listen to your requirements and relieve you.

Thank you, Mr. NATHRAO, for your valuable suggestion. During the interview, they informed me that I would be working solely on the database side. However, on the first day, they assigned me front-end work without any database tasks. Consequently, I rejected their offer and firmly expressed my disinterest in working with them. In my CV, I have detailed three projects that I managed previously, all of which were focused on the database aspect alone, with no mention of front-end work. Upon speaking with some current employees, I discovered that many of them remain in the company due to having provided a bank guarantee (a fixed deposit of 70k) as part of their agreement. This situation has resulted in significant employee harassment, as each issue with a client requires a single person to handle it, whether it be back-end or front-end related. This overwhelming workload is the reason I have decided to resign from my position.

You don't have to pay any amount to them. If they do not return your documents, go to the labor officer and give a written complaint or even warn the company that you will lodge an FIR against them for illegally holding onto your property, i.e., educational certificates and passport. They will definitely return the documents to you.

Thank you. I have some doubts here. I already sent an email to them as I am not willing to continue with them. I stayed there only one day, and they didn't provide any training to me. Therefore, I do not need to pay any amount to them. I also asked for my certificates to be returned to me. However, they are still not responding to my email.

Concerns About Approaching the Labor Officer

Now, what I am asking you is if there will be any problems if I approach the labor officer for my certificates and passport. The reason being, I signed an agreement which is printed on a 100/- Bond and 10/- Bonds. In the agreement, it is mentioned that if an employee breaks the bond before the end time, they have to pay 90k or a similar amount. I cannot afford to pay any such amount due to my economic status. Nevertheless, I need my documents. What should I do now? Please advise me on the best way to retrieve my certificates and passport.

Regards

Dear RamS,

Bonds and service agreements are illegal in India, so you do not need to worry much. Send them an email requesting the return of your documents, and keep records of your emails and phone calls made to your company. Wait for a few days. Alternatively, you can directly lodge an FIR against the company as keeping someone's documents like this is illegal. Also, next time, ask for a job description via email before joining any organization so you will have proof to use in such matters.

Good luck to you.

Hi all, thanks for your valuable suggestions. Still, they are not responding to my emails. As I already told you, I signed an agreement, and all my academic records and passport are held by them. If I approach this legally, will there be any problem for me? I don't know how they will respond to that. If they are also prepared to face legal issues, what should I do? How can I confront them?

Actually, I only stayed in that company for one day; I left on the first day. What I am asking for is the best advice on how to retrieve my documents without having to pay them. They have a history of conducting business in this manner with employees, and many individuals have paid them for their documents. Could you please provide me with any ideas on how to expedite the return of my documents and how to proceed legally to retrieve them?

Thank you.

You don't want confrontation, but your rights are being denied. The company does not have the right to retain your passport or educational documents.

Steps to Address the Issue

Write a firm but polite letter with the bare facts of the case, incorporating these points as follows:

- One-day employment only
- Wrong domain and illegal demand for money based on a bond

If no reply is received, take it up legally or even lodge an FIR for the illegal detention of educational documents/passport.

Considerations for Future Employment

When you fight with your employer (justified though it may be), chances are that a future employer may come to know about it during BGV. This risk is to be taken as you cannot be deprived of your documents and passport.