Stuck in a Job: How Can My Sister Resign When Her Certificates Are Withheld?

My sister is working at Apollo Hospital in Kolkata for the last year. Now, she wants to resign from her job due to personal reasons. However, the hospital authorities are not allowing her to resign, citing a shortage of nurses in the hospital. Since her original certificates have not been returned by the hospital authorities, she is afraid to quit her job. What can we do now?

Any employer, cannot retain Employee or it's Certificates forcefully.
Please refer to the terms & conditions related to resignation clauses of employment / contract Letter signed at the time of joining.
Incase, you are statisfied with T&C and there is no breach of contract, tell your sister to speak to Sr. HR Officials and clarify the details. If matter still not resolved, file a complaint against the employer in labour court.
Your issue will be resolved with only little efforts.

Steps to Resolve Employment Disputes

If you file a complaint in the labor court, the case will likely be decided in your favor. You must create proper documentation.

Step 1: Send a Registered Notice

Send a registered notice to the company, mentioning that you want to resign for personal reasons and request the return of your original certificates.

Step 2: Await a Response or Take Further Action

You should receive a reply or be relieved after the official notice period (which might be 30 days, as per the appointment letter). If at the end of the notice period you do not receive a response, send a letter to the Labor Department detailing the case and requesting their intervention. Make sure to send a copy of the letter to the company. In most cases, the company will return the documents and avoid a case in the labor court.

Please seek the assistance of a professional lawyer as many are available for a nominal fee. This will ensure that you do not fall into any traps set by the company.

Review the Appointment Letter Clause

First, you should thoroughly review the clause in the appointment letter. I am of the opinion that if the employee has submitted their original certificates, it implies that an agreement has been made by the company as well. However, this issue can be addressed with respect and resolved mutually by discussing future prospects, etc.

If, in the event, the management is unwilling to listen, the best course of action would be to seek assistance from the labor court to obtain the necessary documents. During discussions, you may also provide updates on your progress.