Stuck in a Job Trap: How Can I Get My Degree Certificate Back Without Paying a Huge Fee?

Dear seniors, I joined an educational institute a few months ago. At the time of joining, they asked me to hand over my original degree certificate for verification, promising to return it after one week from my date of joining. I signed a two-year bond on an A4 sheet, stating that I would need to pay three months' salary if I resigned before completing two years. However, after joining, I realized the true situation of the firm—they were not paying salaries properly and were assigning me to work in various departments. As a result, I decided to quit my job after just two months.

Before resigning, I had requested my certificate for pursuing my PG studies. However, they are now refusing to return my certificate and demanding that I pay three months' salary. Unfortunately, I cannot afford to pay such a large amount, especially since they already hold one month's salary. I have seen some of my colleagues resign, and they were only paid one month's salary. I feel like I am being targeted unfairly in this situation.

Please help,

Regards,
Madhu

Dear, just talk to HR or senior management guys in the company. Try to convince them that you are not able to pay the money. Could you please confirm if the bond was on stamp paper or on normal A4 paper? Also, did you receive an appointment letter from the company? If so, what are the conditions during the probation period?

For further clarification, please contact the number provided below.

No, sir. They didn't give me any appointment order. I signed on an A4 sheet for a 2-year bond. There is no HR in that institute. The person who is acting as HR is behaving rudely and is not ready to listen to me.

Madhu

Dear, do not worry. Contact the owner and talk to him/her. If they do not listen to you, just inform them that you are approaching the police and labor officer.

Explain the entire situation to the labor officer and police.

Hi Madhu,

I am afraid to go to the police station. Will the law support me or them? (They are big personalities).

Thank you.

Dear First, you need to meet with the owner. Once he/she is convinced with you, no one will hold your certificates. The first approach should be the Labour Office; they will definitely help you. However, if this matter is related to the police, you have to approach them finally. Do not be scared of anyone; be strong and bold.

Thanks,
Sandeep

Employment Bonds and Certificate Retrieval in India

Employment bonds are illegal in India, and no employer can forcefully employ anyone as this violates fundamental rights. Employment terms are governed by the employment contract duly signed by both the employer and the employee, and they should be based on principles of natural justice.

An employer does not have the right to withhold an employee's certificates except for verification purposes. You should communicate with your employer to request your certificate in writing, either through speed post with acknowledgment due or by email. Initially, maintain a polite tone, and if there is no response, consider reiterating the request using firmer language. If you still do not receive the certificate, you may seek assistance from your District Labour Officer and utilize social media as a means of escalating the issue.

With the intervention of the District Labour Officer, I am confident that you will be able to retrieve your certificate. Please keep us informed of any developments.

Kind regards,
[Your Name]

Dear seniors, some of my friends are telling me that they can sue me for not serving the notice period. Is that true?

Madhu

If you are scared of going to the police, then contact a lawyer and file a private complaint against the institute in court.

They have obtained your original educational certificates in a cunning manner. They have no legal right to retain your original certificates. Tell them in writing that you will lodge a police complaint. Put up your problems and ask for the return of certificates in writing. Send the letter by Speed post so that you have an acknowledgment. Whether they are big personalities or not, if you register a police complaint, they will have to act as per the law. Don't get scared by "big" personalities. Your bond and appointment order will have to be read and studied before any comments can be made. Do not remain scared; take bold action in consultation with your lawyer or elders/learned fellow professionals.

Your Rights to Your Certificates

The certificates belong to you. No one has the right to keep them. Why should an educated person, especially one who is educated, be scared to stand up for their rights?

There are many options available to you:

- You can file a complaint with the police.
- You may meet the district or taluka authorities on the grievance day and bring the matter to their notice.
- You can file a complaint with the Adalat functioning in the local court.
- You can address the Human Rights Commission, etc.

But the most important thing is to de-hypnotize yourself and discover your self-esteem. In our country, there are no persons bigger or taller than the law.

Dear Seniors,

Yesterday, we discussed with a lawyer regarding filing a case against my employer. He says there is no use in filing a case. Your employer may say he didn't receive your certificate, or otherwise, he will say you have wasted a huge amount of money invested in your training, so you have to pay for it. (My lawyer is also scared to file a case against my employer).

Madhu

Did you take a receipt for educational certificates when you handed them over? Find another lawyer who is not so scared. Just saying the employer spent money on training has to be backed by proof and agreement with the employee. Don't be scared and be bold in such decisions. Go legal if that is the last alternative.

I asked them for acknowledgment for the receipt of my certificates. However, the management won't respond until the last day of my working. (In the joining letter, I mentioned about my certificates).

If I contact the district labor court, what kinds of proofs or documents will they ask me for?

Lack of Proof and Document Handling

There is no proof that they appointed you. There is no proof of your attendance. There is no receipt for you having delivered the original certificates. Do you have a copy of the bond? I am sorry about your plight. I suggest getting duplicates of all documents and moving on. Take care hereafter. When you join the next employment, make inquiries with someone working within the organization to learn more about working conditions there.

Validity of Simple Bonds

A simple plain paper bond, without any obligation on the part of the employer, is also not a valid, enforceable document.

Regards,
A. S. Bhat

Dear Madhumathi,

Don't panic. Relax. A bond is applicable only if the employer spends money on the employee for expensive training, foreign trips, etc. Except for these cases, a bond is not applicable in India. They do not have the right to sue you.

Tell them that if they don't return your certificates, you will file a police complaint, approach the HRC, etc. This will definitely work.

Thanks & Regards,
Karthik
++91 81211 97979

Steps to Retrieve Your Certificates

The most practical step would be to serve a notice, preferably through an advocate, requesting the return of the certificates. The notice could be served by registered post, and copies may be endorsed by fax or email. The next course of action could be decided based on their response or lack thereof.

Legal Implications of Certificate Detainment

The detaining of the certificates and demanding payments for returning them amounts to the criminal offense of extortion. Even otherwise, the employer has no power or right to keep certificates to realize the alleged bond money. Even if any such amount is really realizable, they need to follow due process of law—there cannot be any unilateral enforcement by keeping the certificates in a bargain.

This is a widespread abuse. It is unworthy of educated persons to succumb to such abuses.

Senior, I have a staff ID card, and for attendance, we use a thumb reader. Is that enough?

Dear seniors, I received a registered post from my previous employer. The letter states:

"You were absent from [date] without proper intimation, and later we understood that you were sick. We informed your spouse and advised you to come here and settle all your work because all your work is in a critical condition which you left. Your unauthorized absence caused a lot of issues, and we again advise you to come here and complete all the pending work. Failing which, suitable disciplinary action as deemed fit shall be taken against you as per our rules and regulations."

I sent my resignation through registered post and informed them properly on the office landline number. I also tried to inform one more person who is in charge of the administration department, but that person didn't attend my call (I called nearly 20 or more times). They allotted me new work, which means I was transferred to a new department and handed over all my work to another person. According to their letter, I don't have anything to settle and hand over. Please advise me on what I should do now.

The registered letter from your employer is a pressure tactic. Do not succumb. Send them a polite registered letter asking for your original certificates back. Summarize the issues you have with the company, such as non-receipt of pay or withholding of pay, etc. If they do not return your educational certificates, lodge an FIR against the person to whom you handed over the educational certificates. Take suitable legal advice from a local lawyer. Do not get scared by letters and take action from your side.

My spouse advised me to send a doctor's certificate for my resignation. Is that a good idea? (I don't wish to go there again, meet those persons, and work some more days). I am presently working with another company; hence, is that idea advisable?

Seniors,

I have prepared a letter stating that I am not able to come there immediately due to my illness. I have informed the appropriate person about this. I don't have anything to hand over because no one handed over anything to me as per your letter. Kindly return my certificates during my visit and pay my due salary.

Is this okay, or should I add any other points?

Dear sir,

Kindly provide me with a format for requesting my certificate in a polite manner.

Dear seniors,

After a long gap, tomorrow I am going to meet my ex-employer to ask about my certificates. I already contacted them through the phone, but they said the HR is on a long leave. After his return, only then they can consider releasing my original certificates. What shall I do? Should I try to please them or fight for it? (It has been nearly six months since my resignation.)

Please help.