Stuck Without My Certificates: How Can I Get My Documents Back from My Former Employer?

I joined an MNC company in Hyderabad for a 2-year agreement. I handed over my certificates as per the agreement's requirements, expecting to receive them after 24 months. However, due to certain issues, I resigned from my job in June 2016 with the employer's agreement. Until now, I have not received any certificates or experience letter from the company despite completing the 24 months on 17th December 2016. I have been out of work for the last 6 months. I have made several attempts to obtain my certificates from the employer, but the HR department keeps ignoring my requests.

My joining date was 17th December 2014, and I resigned on 1st July 2016. The company's last working day for me was 20th October 2016.

Please advise on how I can obtain my certificates from the employer. Your assistance in this matter would be greatly appreciated.

Thank you.

The certificates can be requested from HR, and they can't keep them in any case. Furthermore, if any dues are pending on either side, they may be cleared, such as notice period, etc.

If the employer is holding your certificates as a grudge against you, you may file a police complaint as this amounts to cheating and violating your civil rights.

The employer, in the first place, has no right to retain your certificates. He may retain attested copies of your certificates for reference, but certainly not your original certificates.

Also, obtain a relieving letter from the company so that your future disqualification of service is mitigated.

Yes, the employer has no right to keep your original certificates. They are your property. Retention of the certificates amounts to illegality, and the condition in the agreement cannot cure this grave illegality.

As already suggested, your certificates are your property over which your employer has no right. Ask them to refund (in writing with acknowledgment) and if they don't, lodge a police complaint.

Hope you have proof that you have submitted the original certificates to your employer. Otherwise, they might act differently and may deny accepting the original documents in the first place.

Hi,

You can file a police complaint (FIR) against the employer and demand your original documents. Secondly, you may also send them a legal notice for "mental harassment" regarding this matter. Mental harassment is a very serious offense you can lodge against your employer. I am sure these two tools would definitely solve your problem without further follow-ups with them.

Neelima
HR