Stuck Without My Documents: How Can I Legally Retrieve Them from My Former Employer?

Hello all. I was working with a company up until November 2015. I was doing desk sales for which I was appointed. During the interview, the management (it's a family-run business, consisting of the father, mother, daughter, and one more relative) conducted my interview. The interview went well, and I got selected. They asked for documents as security for two years, to which I agreed, thinking that I was committed to the work.

After submitting my original documents, I asked them for an offer letter and appointment letter. They said, as HR is busy, they would give it to me later. Then HR left (just like other employees used to leave in months). I knew I had made a mistake joining this company.

Later, I asked them for the appointment letter again and again, but I was turned down, with them stating HR is not there or HR is busy. The management would come up with new policies at any time as per their will. In October 2015, the management presented an appointment letter with clauses different from what was told during the interview. I objected, and they harassed me, disrespected me, and threatened that they would ruin my career. I left that company in November 2015, but they refuse to return my documents to date.

I approached the police, but they say it's a civil matter and they cannot help. Can anyone please suggest what I should do? There are more than 40 employees who have left this company because of this harassment.

Approaching the Labour Officer for Assistance

You can approach the Labour Officer and seek help. Since this is a common issue for many, the Labour Inspectors will have to intervene. Such family-run organizations often align with labour officials because that is how they operate, but you can make it an issue. Nowadays, the media is very strong. If you send them a message that your certificates are not returned, and due to this, you are unable to find a job, they will also come into the picture. You can also mention that when you complained to the police, they said they could not interfere, and subsequently, when you tried to get help from the Labour department, they also turned you down.

Legal Provisions and Regional Considerations

I don't know where you are located and whether your company was a commercial establishment or a factory. In recent amendments to the Kerala Shops and Commercial Establishment Act, there is a provision that no employer can retain the original certificates of employees. This goes against the freedom of employment. If you are in Kerala, I am sure such harassment would not have happened. That is the primary reason why investors hesitate to come to Kerala but are willing to venture into other parts of India where the labor laws are found only in books and not in practice!

Regards,
Madhu.T.K

Please visit and file your complaint with the labor authorities of your area. It would be better if you could ask other employees as well and take them along with you to the labor office.

You can file a police complaint, and if the police do not register the complaint, approach the area judicial magistrate and file a complaint of criminal breach of trust.

Thank you all for your valuable input. I am located in Mumbai. I had approached a lawyer, but I feel he was just pushing us in the wrong direction for the last two months. I guess he got settled with the owners. I have approached another lawyer who looks after corporate affairs. Hopefully, I'll get justice. But I will keep on fighting and will update you all. Thank you again.

The certificates belong to you. The company's action amounts to extortion. You can commence civil as well criminal action.

There is a larger facet of violation of basic human rights. You can seek the intervention of Human Rights Commission as well.

It's good that you seek advice from experienced people. Many individuals make the mistake of handing over their original certificates just to secure employment. The original certificates can be shown to the interviewer or HR manager to verify the copies you have submitted, and the company cannot retain the certificates unless the employment terms specify otherwise. Generally, companies request the original certificates if they are investing a significant amount of money in your training, including overseas training. Even in such cases, there should be a specific period (e.g., one or two years) during which the employer can retain the certificates before returning them.

In your situation, you have two options. You can choose to go to court, which is a tedious and lengthy process, or you can approach the local labor department for assistance.

Regards,

Do you have any proof that you have worked for that company in such a duration? Have you signed the attendance register every day? What is the mode of salary received? These points shall be useful for filing a complaint with the Labour Department. Please review all the points and proceed further.

Hi member,

First, you should give one or two letters in a polite manner, either by hand or by post, and then observe the reaction. Keep copies of the letters. Do you have any copies of the certificates with you? Try to approach politely and proceed to the next step.

I am saddened to learn about your current situation. You made a grave mistake by submitting your original certificate. Have you received any acknowledgment for the submission? If so, you can then approach your jurisdiction's labor department. What evidence do you have to prove that you were indeed employed and appointed by the company? Without concrete evidence, it may prove difficult to succeed in your case. Proper evidence is crucial as disputes between employers and employees cannot be raised without it, as stipulated in the I.D. Act, 1947. Your case should be considered on humanitarian grounds by the labor department. I wish you success in resolving your situation.

Caution for Forum Members

I would like to take this opportunity to caution all members and viewers of this forum to be careful when submitting original certificates to employers. Always think twice before doing so. If it is necessary, ensure to request an acknowledgment from the employer confirming receipt of the certificates. Insist on including a clause or condition stating that the certificates will be returned upon the cessation of employment.

Regards, Adoni Suguresh

Labor Laws Consultant

Hi Sachin,

You should go to the labor office and seek guidance and help. If you have any record that you were associated with the company in any way, like a salary in the account from their bank account, attendance records, or emails, then use everything and meet a lawyer to build a case for you. Try to make a group of all harassed employees and jointly approach the labor office or a lawyer to set these sick people right.