Is It Legal to Hold Original Degree Certificates to Ensure New Hires Join? Seeking Guidance

Hello All,

Recently, we have faced many issues with employees backing out in the week of joining. Either their current employer persuades them to stay, or they accept an offer from another employer.

After waiting for a long 3 months during their notice period, we discover that the candidates are not going to join, which is very frustrating. Unfortunately, this has become a common occurrence in IT companies.

Is it legal to request the original degree certificate?

Is it legal to request the original degree certificate as a security measure during the offer letter processing stage? We plan to return the certificates on the day of joining along with the appointment letter. (We can also include this in the offer letter).

Please provide guidance.

Thanks,
Mansi

Retaining the original degree certificates of employees or potential employees is incorrect. It is advisable to keep standby candidates to cater to potential employees as a safety measure.

Retaining personal property without consent

Retaining or keeping in custody any personal property of others, such as academic certificates or testimonials, without consent—expressed or intended—is outright unlawful and amounts to withholding it under duress.

Persons not joining a job despite an employment offer letter or appointment letter cannot be coerced by certificate retention. Rather, examine the root cause of such persons not joining, which, when truthfully evaluated, may surprise or shock us.

Kritarth Team
30.8.19