Stuck Without My Degree: How Can I Get My Original Documents Back from My Employer?

I am working in a door manufacturing company. The employer has withheld my degree certificate. They did not inform me about the security procedures at the time of sending the offer letter to me. Upon joining, the HR department mentioned that I had to submit one of my original documents. Without any choice, I handed it over to them. Nowadays, the company is subjecting me to a lot of harassment. I really need my documents back or I will have to resign from the company. Kindly advise me on what I should do.

The whole problem is that we never get the complete details of your case to examine, viz:

1. What does your appointment letter say? Is there any clause regarding security or notice period?
2. In what position are you working there and for how long?
3. Have you received a receipt for depositing the original certificate? Normally, they should not retain the original certificate as security.

BS Kalsi
Member since August 2011

Whatever the conditions, it is illegal for the employer to retain the original certificates; it is the personal property of the employee.

The offer letter does not contain any clause regarding security. It only states that a one-month notice period is required. Additionally, the company has requested a security bond, which specifies that the company will hold the certificate. The bond will only be returned after the completion of the notice period.

Dear Raghavan,

The company has done a perfect paperwork. If you are seriously in need of the certificate, I see the only option for you is to resign and give one month's notice. If they are harassing you, it is better to look for another job.

BS Kalsi, Member since August 2011

No company can be a law unto itself. It cannot indulge in private legislation by incorporating conditions in agreements with employees. The conditions need to be lawful. All conditions and terms that impair the private rights of citizens are void unless sanctioned by a law enacted by the legislature.

In the instant case, the employee can initiate a civil or criminal action; they can also seek the intervention of the Human Rights Commission.

I agree with you that the conditions imposed or likely to be imposed should be lawful and reasonable. Chapter V-C of the ID Act, 1947 prohibits unfair labor practices on the part of employers and employees, for which the law provides penalties. Therefore, one can file a complaint or raise a dispute before the concerned labor officials.

No doubt, as you suggested, in this case, the employee can initiate a civil or criminal action; however, please consider how many people have the money, time, or courage to fight with the employer while in service or after resignation.

Regards, BS Kalsi