Feeling Trapped: How Can I Get My Original Marksheets Back Without Resigning?

My company is harassing me and not returning my original marksheets. When I ask them to return them to me, they want me to resign and pay the amount for training.

Their reply: "As we discussed, if you want your documents soon, then you have to give your resignation. Only after that, we can process the request for your documents and will give them to you within 2 weeks after your resignation. Otherwise, you have to wait until the completion of your bond period, or we can provide you with the scanned copies in 1-2 weeks."

If I resign according to the appointment letter, they will demand one lakh rupees. Now I am in a fix. What should I do? Can I do something? Please help me out! I am feeling depressed!

They are not supposed to keep your documents. It's an illegal act. Since they have sent you an email, write to them that you have no intention to resign and also that keeping your documents is an illegal act and hence to return the same.

Hello there,

It seems you have submitted your document on mutual consent. Have you signed any agreement on this? If yes, we have to check the possibility of getting the documents legally.

Regards,

Nijanthan C

Dear,

If you have signed any agreement, you are supposed to have a copy of the same. If you have it, kindly go through it or seek advice from a lawyer. Don't get depressed; the issue can be resolved with effective communication only.

If the details provided by you are correct, please note the following:

Do not give original certificates to any employer

If they want to verify, accompany the company representative at their expense and verify directly with the university by endorsing a copy.

Beware of unscrupulous employers

There are a few unscrupulous employers who are worth less than zero; they aim to exploit talented students.

Agreement and refund caution

If you have signed an agreement stating a refund of Rs. 1 lakh within the bond period, it is your error.

Senior HR professionals, please share your opinions on my views.

Regards

Understanding the Employment Bond and Document Retrieval

When you did not have a job, the company where you are working provided you with employment with the intention that you would serve them for the mutually agreed minimum bond period. They are not running a training institute where they provide training to employees for the benefit of other organizations. If you secure better employment elsewhere, it may be due to the training provided by this organization. Therefore, consider whether what you are doing is right or wrong. If you feel you are right, no one will stop you from leaving the job.

Obtaining Duplicate Marksheets or Certificates

Regarding the marksheets or certificates, you can apply for duplicates from the institute and/or the university. These are easily available by lodging a complaint at the nearest police station in your area, stating that you have lost them while traveling (e.g., your bag was stolen, which contained your marksheets/certificates). No company will deny you a job because you hold duplicate marksheets/certificates.

Alternatively, if you have an acknowledged copy of your marksheets/certificates from your employer and have decided to quit the job, make a written complaint to the police station in the area where your office is located, along with a photocopy of the acknowledgment. You will get your certificates back as they legally cannot keep your marksheets/certificates or any government documents in their custody. Additionally, they cannot prevent you from leaving the services as you are not a bonded laborer, but you may have to pay the training costs incurred by the company on you.

Addressing Depression and Moving Forward

Lastly, you have mentioned that you are depressed. This may not be entirely true. My conclusion is that you may be getting better opportunities elsewhere and do not want to lose your marksheets or pay the bond amount. Once you have your marksheets in hand, you are free to leave without any issues.

Best of luck,

Suresh

Dear all,

I am not planning to leave the company; they are forcing me to. The company is good with an awesome work culture. I need my documents for various reasons. I am not even planning to abscond.

It's just that my appointment letter doesn't have any clause stating that I am giving it as security; instead, it clearly states that I am giving it to them for verification. Can anyone help me so that I can retrieve my documents without risking my job and refrain from labeling the situation as nonsense?

Company Holding Original Marksheets

You have mentioned that the company has taken your original marksheets for verification and is not returning them to you now. You need to clearly specify your date of joining, designation, full details of the service bond you signed, the tenure of the contract/bond, and whether proportionate deduction is allowed for liquidated damages (shortfall period) or if you have to serve the entire bond period.

You have not mentioned the reason why the management is asking you to resign. Are you not a good performer? Are you taking excessive leave, or are you a habitual latecomer?

If you are a good performer and regular in your attendance, you need not worry. Do not resign; ask your employer to terminate your service so that they will not impose the bond amount and recover it from you. Some organizations include recovery clauses even for termination; what does your bond/agreement state? You also do not have proof of the submission of marksheets to your company. However, if the company has taken certificates/marksheets from other employees as well, you can jointly lodge a complaint at the police station within the jurisdiction of your office premises.

If you explain the above in detail, members may be in a position to provide you with proper guidance.

Lastly, I am extremely sorry if your feelings are hurt. However, whatever I have stated is based on my personal experience, and I have seen hundreds of such candidates who have adopted these tactics, taken the certificates back, and vanished. (Of course, we used to give acknowledgment for each and every certificate/marksheet, and the same used to be returned on completion of the service agreement without a reminder).

Regards,
Suresh

Dear,

The document you signed, is it legally binding? Have you read it properly? If you have a copy of the bond, please send it in PDF format.

Withholding the original certificates of employees is an unethical practice followed by certain employers. There is a bond and above that retaining the originals is yet another security for those companies. Legally, this practice cannot be supported. However, you have to act tactfully to retrieve your certificates without risking your job.

Legal Implications of Document Retention

As per Section 27 of the Indian Contract Act, it is illegal to keep any document, and signing a bound document is also illegal in India. Therefore, proceed legally and collect your documents.

Application of Section 27

Section 27 applies to agreements in restraint of trade. There's no restraint of trade in this case. They are not preventing him from taking a different job. They have provided training, and there is a bond signed requiring him to work for a certain period. If he does not fulfill this, he needs to repay the training amount.

The conditions seem reasonable (though we have not read the full agreement).