Feeling Trapped: How Can I Leave My Job for University When My Company Holds My Certificates?

After graduation, I wanted to go abroad for further studies but was not sure whether or not I would be accepted. So, as a safeguard, I joined a company. Now, I have been accepted into a university. The problem lies with the fact that my company has taken my original certificates.

Also, when we started working, on the second day of our work, they asked us to sign a document saying they needed some of our basic information. This part I agree was my fault as I did not read the entire document. It had a clause at the end written in an exceptionally small font stating there was a contract for 6 months to 1 year. Three other people also signed that document without realizing they were agreeing to a contract, as they were informed it was solely for providing their information. Notably, this was at the commencement of our work, not during the job offer process.

Now, I am eager to pursue higher education but find myself stuck. They insist they will not permit me to leave even after 6 months, although the contract specifies the minimum period as 6 months.

Furthermore, I requested a "leave clause" allowing me to pay a certain amount to terminate the contract, yet they are refusing this option outright. They are adamant that they will not release me under any circumstances.

Is there any action I can take?

Thanks.

Regarding Document Withholding

It is absolutely illegal for a company to withhold the original documents of an employee in order to bind them. The documents are your property, and no one else can keep them in their possession unless you have given permission to do so. In this case, demand the company return all the documents, and if required, you can lodge a police complaint.

Understanding Employment Bonds

Please note that bonded labor is illegal in India. No one can force you to remain in employment through bonds or agreements. Through these so-called bonds or agreements, the company can only recover the actual cost of any training provided to you if you leave before the period. However, under no condition can you be forced to work. You are legally liable to serve the notice period or pay the equivalent amount thereof.

Next Steps

At this stage, you need to send them a resignation letter (preferably drafted by a lawyer) and wait for their reply. Verbal communications and refusals have no value.

Act wisely.

Hi Friend,

You can meet with your embassy and ask for help; they can assist you. Regarding the contract, it is not always possible to read all the terms and conditions of any company. Therefore, it is a common scenario that you may not have read about the contract's terms and conditions.

Thanks & Regards

Legal Advice and Alternative Solutions

Mr. Ritesh Maity has provided legal advice, but I have a slight variation since you want to go abroad for further studies. Kindly sit with the senior management and work out the possibility of being relieved amicably. Why? Because legal proceedings will take their own course of time, which may delay your joining the foreign university. Be firm in what you say. Tell them that you can pursue legal action, but it will leave a bitter taste. I hope that everything will be worked out. Being professional at the senior management level, they will not ruin anybody's career. I hope that you get out of this problem very soon.

Illegal Labor Practices in the Modern Era

Unfortunately, the well-educated new generation is also suffering from old tactics and illegal labor practices in the so-called 21st century. As you know, in earlier days, a loan lender would put your thumb in his ledger, along with legal blank documents, and fill in the amount at a later stage with the intention of concocting a story to gain possession of your land or other property.

Employer Rights and Document Retention

No employer has the legal right to retain your original documents. They can only ask for verification of photocopied documents. Furthermore, as Mr. Ritesh Maity mentioned, these bonds and agreements hold no value in the Court of Law. Companies may recover the costs of any special training they provided.

Advice for a Bright Future

For the sake of your bright future, seek advice from seniors, try to settle amicably, and if necessary, pursue legal action.

Regards, P K Sharma

Undoubtedly, it's a case of illegal and immoral conduct in the workplace by the employer. No one has the right to keep us away from further education by withholding our assets, i.e., our original documents. You should seek help from a lawyer because if the employer's conduct is illegal, then the agreement you signed cannot be treated as a legal document. Therefore, you can easily resolve this problem by following the appropriate legal procedures. Kindly do that.

Legal Action Against Employer's Unlawful Practices

This is a criminal conspiracy by the employer. He can't force you to work under his own rules and regulations; company rules are acceptable only when drafted as per the law. You can easily write a resignation stating the actual conditions and demand your documents, then wait for a response. If they document the issues you've mentioned, that will serve as evidence of the employer's mentality. Then, you can take legal action against the employer. You need to take legal action against the company's MD and all the legal activists who are directly involved in the company's operations.

Current Situation and Challenges

Thanks for all your replies. My present scenario is as follows:

1) They are still not allowing me to leave.

2) They are not willing to accept an equivalent amount since I am leaving early and breaking the contract.

3) I can obtain duplicates of most of my certificates, but they also have my passport. I need to leave by next month, and it will be really difficult to get a new passport. Additionally, I would have to report to the police that my current passport is lost, but this is not the case.

They are making things really difficult for me. I have been trying to talk to my seniors for over two weeks now, but they are showing no interest. They are completely adamant about not letting me leave. Would taking legal action now, at this juncture, be the right step?

NOTE: I am an Indian citizen.