How Can I Retrieve My Certificate from My Former Employer Without Paying a Fee?

Hi, I'm Gokul. I joined a private company under a one-year bound service agreement, which required me to submit my original documents and sign a one-year contract. However, I absconded from the company after just three months. Now, I need my certificate back. They are asking for 50,000 to return my certificate, but I cannot afford to pay such a large sum. Can anyone suggest how I can retrieve my certificate without paying this amount? Your help would be greatly appreciated.

Company has no right to hold on to your original documents. Did you sign any bond? Absconding from employment is a wrong thing to do, and this can always put you in difficulty. No employer will consider taking on an employee who has absconded. Please think before you act. What are the terms and conditions of your employment? What does the job offer letter say about exit terms? Have you received any special training, etc.? More details need to be provided before other seniors can offer you advice.

Hi Nathrao,

I signed a bond stating that I would serve for one year. They provided 45 days of training and selected candidates who completed their training to work on the production floor. The offer letter mentions that if an employee discontinues their work without proper notice, they will have to pay INR 50,000, specifically for absconding employees. Subsequently, they can issue a certificate. However, I am unable to pay that amount. Please provide any suggestions on how I can retrieve my certificate.

Thank you.

Discuss with the company. They may not have spent Rs 50,000 on your training. Normally, only a realistic amount is charged on account of training if a trained employee absconds or leaves without completing the bond period, etc. By absconding, you have put yourself in a difficult position.

For training, they are spending $30,000 per head plus a 2-month notice period. They state that if an employee absconds, they will have to pay a sum of money.

Thank you.

Please try to negotiate with the company for a lower amount, like a waiver of the notice period pay. What was the reason for your sudden absence? No company would want to spend Rs30,000 on training—whether it was conducted in-house or by an external agency—only to lose the employee, as in your case.

While they do not have the right to retain your original documents, you also have some responsibility towards employment, considering that the company has invested in your training. A company is not a charitable organization and will seek to maximize the output from its expenditures.

Regarding this abscond case, they have sent a private law letter to me stating that I absconded or left the company without prior intimation. They consider this as damage to the company, and the notice stated that I need to pay 50,000. The legal notice was sent last year in 2014. However, that notice has not caused any issues for me until now.

Can the company address my queries and return my certificate?

I cannot really guess how the company will react. Please go and meet them and be polite and humble. They may negotiate. But legally, they cannot hold your original degree certificates as a ransom for the training amount. You may eventually need to approach a lawyer for legal assistance.

You haven't answered Nathrao's query about the reason(s) for your absconding. However, irrespective of what the reason(s) was/were, you should have figured out other ways to handle any issues than absconding.

The very fact that you got this notice in 2014—almost 1 year back—and you want a solution now clearly shows that you possibly need your certificate now and have hence woken up. Else you would have just ignored the notice and thought 'hell with the company and whatever they spent on the training... not my problem'.

No Wonder Companies Began the Practice of Keeping Original Certificates

No wonder companies began the practice of keeping original certificates with guys like you around (you can bet your last penny that they know fully well that this isn't right and legal).

But guys like you drive them towards such actions. When you 'use' others, don't blame them for taking appropriate measures as they deem fit to safeguard their interests.

While retaining originals is surely wrong/illegal, are guys like you leaving any other way out for companies?

You very well knew the consequences of your action—absconding—before you did.

Regarding Your Training

Regarding your training, you haven't mentioned your skillset—but since you mentioned the training is related to production, I won't rule out the cost they mentioned (30K). Usually, the costs of the equipment are also included in arriving at the training costs for technical fields, spread out over a period of time.

And since they gave you training, a bond of 1 year will be justifiable legally... frankly, 1 year is very reasonable.

Options Open to You Now

Coming to the options open to you now, I guess Nathrao has already suggested to you.

Finally, a word of advice... if you wish to take it... learn from this mistake.

All the best.

Regards,
TS