Stuck Without My Certificates: How Can I Get Them Back from My Employer Quickly?

Respected all,

I joined a small organization in Bangalore on 17/8/2015. At the time of joining, the employer asked me to submit my M.Com and B.Com original certificates for security reasons. They also gave an acknowledgment for the same and agreed to return the documents at the time of relieving from the company.

After joining, I came to know that the job profile is different from my existing profile (I have 4 years of experience in accounting) and decided to quit the job considering my future career. I sent my resignation on 16th September, citing personal reasons. However, I have not received any response from management regarding my resignation. When I spoke to them, they demanded that I pay 3 months' salary (₹130,000 approximately) as compensation, and they are not allowing me to serve the notice period even though I am ready to serve.

They are asking me to pay money if I need the certificates immediately, or I have to wait for 3 months. They are also threatening me, saying I'm terminated from the job and they will put me on a blacklist. I have a good offer from a reputable company and don't want to miss the new opportunity. Without certificates, I cannot join the new job.

Please help me to get my certificates as soon as possible. I'm really worried about my future and my career since I'm from a poor family background.

Regards

Handling Certificate Retention by Employers

An employer is not expected to collect the original certificates of employees for custody. This would be deemed a bonded labor system, which is illegal according to the law. Demanding three months' pay for providing the certificate is also not permissible. If you approach the Labor department, they can assist you, but it may consume your time and sometimes even money. Conversely, reaching out to the MD/employer through alternative channels might be beneficial. Given that it is a small organization, they may not have the capacity to blacklist you or harm your career, but it is essential to take the matter seriously.

Contact the HR of the new company where you have received an offer and request some time to submit the certificates. If they agree, you can proceed to join them and then address the certificate issue. You can also consider seeking legal assistance to obtain the certificates.

Initially, it is advisable to brief the new company on the situation and observe their response. Subsequently, communicate with the individual in the current company who is in possession of the certificates. Inform them of your intention to pursue legal action to retrieve the certificates and suggest an amicable handover without involving the authorities. Allow a brief interval, and if there is no compliance, proceed to file a complaint with the Police and the labor officer for further intervention. This approach is likely to yield results.

Regards,
Madhu.T.K

Since you have acknowledged the receipt of the certificate from the employer, it is better to initiate correspondence with the HR management to return the original certificate before considering any legal action.

You may also request the new company to call for the original certificate from your present company for verification purposes. Threat of termination would be quite unjustified and unethical if you have already submitted your resignation, provided you have any proof of submission of your resignation.

With regards to 3 months' Notice Pay, please confirm the Termination clause as per your offer/appointment letter. Most likely, there would not be any notice since you are still under probation as you have completed only one month of service with the company.

With regards to your original certificates, please send a letter asking for their return with a copy of acknowledgment to them; they will be returned to you. Legal should be the last resource, as per my view.

Have you given notice as per the offer letter? You have the tough task of explaining to your new company that the old company is still holding on to the degree certificates, and you hope they will listen. Secondly, you have to politely but firmly demand the certificates back from your old employer. Your employer is fully aware that they cannot legally withhold your certificates and keep hold on you. The last resort, as mentioned by other learned members, is the legal route. Try to get the matter settled by discussing with both your old and new employer - the old employer for retrieving the documents and the new employer for allowing some time to procure the original documents.

Nowhere in the offer letter have they mentioned compensation in lieu of the notice period. Also, they didn't mention anything about the educational certificates, but they collected the certificates from me and gave a separate acknowledgment letter promising that the certificates would be returned when I am relieved from the company. Now, they are creating problems by keeping the certificates with them.

You have mentioned that the acknowledgment letter states that the certificates will be returned when you are relieved from the company. Please exit from the company smoothly and send a letter requesting them to return your certificates soon upon relieving from the company.

Brother, according to me, if you have a copy of your resignation letter, appointment, and acknowledgment letter in which it is clearly mentioned that "certificates would be returned upon your relieving from the organization," both copies of the letters must be shown to your new employer/HR department. I think they will accommodate you, and after three months, you will receive your resignation letter and original certificates from your current employer.