How to Draft a Clause for Submitting Original Documents in Appointment Letters?

Hi, I am an HR professional in a startup software company. In my company, there have been a few instances where employees left without proper intimation, informally, in the middle of their employment. As a response, the company has introduced a new policy requiring employees to submit their original marks cards to the company. This measure aims to prevent sudden employee departures without serving the notice period or providing any intimation. The employees' original marks cards will be securely stored in a locker. Those who fail to comply will be required to submit an immediate resignation with a one-week notice period.

Management has tasked me with incorporating a clause in the appointment letter for both existing and new employees. This clause stipulates that employees must submit their marks cards upon joining the company. The marks cards will be returned to them when they leave the company after completing their notice period.

I kindly request your assistance in drafting a clause regarding document submission for the letter of appointment.

Dear Sir,

The policy regarding the submission of original documents does not seem right and is not legal. When preparing an appointment letter, do not provide any opportunity for employees to challenge the contents. Instead, you can specify the minimum number of years they are required to work.

Thank you.

Holding of original documents by an employer is illegal when challenged in a court of law. Instead, you can add a notice period clause of one month on either side where your requirements will be taken care of. Hope this would suffice.

Yes, compelling employees to surrender their original certificates/mark-sheets and keeping them in the employer's custody in order that they should not leave the employment to find a job elsewhere amounts to extortion. If the attrition rates are high, the fault lines lie within the organization; the management, particularly the HR, should introspect.

Dear Sir,

The policy of holding original testimonials is not legal. Therefore, you should take a bond in lieu of testimonials. You can go with your option if the incumbent agrees to put his original testimonials as a guarantee until his service with you.

Thank you.