How Should I Approach My Former Employer to Retrieve My Original Certificates?

Dear seniors,

After a long gap today, I went to meet my previous employer, but I was not able to meet them. They said all executives are in a meeting, so I can't meet them today. They asked me to come tomorrow. (I left this company 6 months ago). I have not yet received my original certificates. Please guide me on whether I should please them tomorrow or fight with them to get back my certificates.

Thank you.

Hi, I want to know whether you have completed your exit formalities. If yes, then you would have received it on the same day.

It is better to speak with them before going to the office and even email them requesting for the originals.

Thank you for your immediate reply.

I resigned from that job due to health issues, and I did not serve my notice period, so they are responding in this manner. I only worked there for 2 months. On my last working day, I was transferred to a new section, indicating that I had already handed over my previous tasks to someone else.

They are not attending my phone calls. They are not sending replies to my emails either. In that case, what shall I do?

Steps to Retrieve Your Original Certificates

If you are unable to meet with your previous employer, consider the following steps:

1. Visit the Office
Go and sit in their office for the entire day until everyone leaves. If no one comes forward to meet you or provide a proper reply, proceed to the next step.

2. Draft a Formal Letter
Write a letter detailing your situation. Mention that you have called and emailed multiple times without a response and that your original certificates have not been returned. State that you are compelled to file a police complaint and will approach the labor department if you do not receive a reply within 48 hours. Attach printouts of all emails you have sent.

3. Send the Letter
Send the letter to the CEO and HR head via registered post with an acknowledgment card. Include your working phone numbers and alternative numbers for contact.

4. Follow Up
Once you receive the acknowledgment card, visit their office again. If you still receive an improper response, file a theft complaint at the local police station. Attach the police complaint copy and submit it to the labor department. This action should help resolve the matter.

First, try to resolve the matter amicably. If that fails, you can follow the above procedure.

Regards

Thank you for your suggestions.

What I heard about their present mindset is that they are in need of staff due to many employees being relieved from there. If I go there and talk with them, they will try to force me to join again. If I don't accept, they will not release my certificate.

Dear seniors,

I called them today before visiting the place. They said I can't meet the executives today as they all have important meetings regarding auditing, I think. (I think they are purposely postponing my issue.) What shall I do now? I am very much depressed because of this issue for the last six months.

Please guide me seniors.

Dear seniors,

Please give me your guidance on this issue. If they force me to join there again or ask me to pay a lump sum amount, what kind of legal action can be taken against them?

Handling Certificate Retrieval from Previous Employer

If you feel you are at a disadvantage, consider taking someone with you to their office to negotiate. You can request them to hold the service certificate for not serving the notice period. However, holding the original certificates is illegal. As per my previous reply, you can proceed further.

We in this forum can guide you to some extent. You will need physical support from your family or friends to get this work done. We cannot fully understand the issues you are facing. You have posted the same question a few days ago in this forum. Write down all the replies from the experts, make a plan, and proceed.

You can take legal action if they don't return your certificates, either through legal means or social media. All the best.

Yes, you are right. Again and again, I'm asking the same questions. It is just because I am very much stressed and worried because of the management staff's attitude. I am trying for mutual consent, but they are not ready to listen. Anyway, you are right. I have to get moral support from my family. I will let you all know after I receive my original certificate.

Thank you.

Dear Madhumati,

Before going to the police or Labour Department, please ensure you have the acknowledgment with you which was given by your company at the time of handing over your degree certificates to them. As you stated lastly, if your health permits and you are happy with your job, you can join them back. If not, you can always walk out with a smile, politely taking back your certificates.

Thank you for your reply. I am not willing to join there again. The reasons are:

1. They gave an increment to the staff three years ago (only some of the management staff received an increment).

2. There is no HR (the person acting as HR is not ready to help staff in any manner).

3. In the last two years, they have appointed many people, but all of them resigned due to poor administration.

4. Every month, we have to please our superiors to get our salary, which is the worst part.

If I join there again, it would be the worst nightmare of my entire life.

...etc (lots more can't discuss here)

Regards

Dear seniors,

Finally, I met the management staff and talked with them. After a long discussion, they asked me to produce an NOC. I have one week to complete that process as the HR person will come after one week only. I don't know what will happen after producing the NOC. Still, I don't have any hope of getting my certificates back. Let us wait...

Thank you.

Please take a tough stand. Go to their office and request the handing over of your educational certificates. If they do not comply, file a police complaint and a complaint with the labor department. Hesitation is understandable - no one wants police complaints, but is the company returning your documents? You have been left with no choice. Do not hesitate and be firm (but polite) in your words and subsequent actions.

Dear seniors,

Finally, I got my certificate. Thank you all for your support and guidance. At first, I requested them to return my certificates. They asked me to pay Rs. 50,000 for a bond. I refused to pay that amount as I do not have that much right now. Finally, I said I'm going to send a legal notice through my lawyer, and only then did they accept some negotiation. But, in the end, I paid Rs. 5,000, and only then did they release my certificates.

Thank you, seniors.

Hopefully, this issue is closed. I am sure you have learned valuable lessons from this episode. Every problem that you face provides a chance for learning, upgrading knowledge, and understanding employer psychology as well. I am happy you got your degrees back. Next time, decline to give the original certificates for safekeeping, etc. Yes, for verification and checking for a few days, it is okay. Always take a receipt from the HR person with the name and rubber stamp of designation along with the date.

The Issue of Original Certificates

Why are people still handing over original certificates? This has been discussed many times here on CiteHR. People have said it is illegal. Why are people not taking a stand on this matter?

Get a color photocopy of your certificate, get it certified as a true copy by a notary or the Indian equivalent, and hand that over. I know this is complicated, but it is wrong and needs to be called out. Basically, if the employer takes your certificate, then that is simply theft, and you should take legal action. If enough people do it, the practice will eventually stop.

As for employers demanding this, ask yourself, do you really want to work for a thief? If they steal that from you, what else will they steal from you in the future, i.e., your salary, entitlements, etc.? People need to start thinking seriously about this matter now.