How Do I Draft an Appointment Letter Requiring Original Employee Documents?

h-r1
Need a Letter of Appointment
Need a Letter of Appointment that includes the submission of employees' original documents.
vmlakshminarayanan
Hi, what original documents are you planning to collect from employees? Collecting original certificates from employees is not legal. You may verify original certificates and give them back to employees.
vmlakshminarayanan
Hi, collecting original certificates is not legally right. It is just an act of forcing employees to stay with the organization for a stipulated time frame, even if they are not interested, just for the sake of original certificates.

Monetary Rewards for Employee Retention
Rather, why not implement certain monetary rewards? For example, an employee completing two years will get 10k instantly, etc. Also, ensure a congenial, healthy work environment to attract and retain employees.
alok-singh1
Dear HR,

Employers can ask for original documents just to verify them with the Xerox copy. Employers can ask only for verification purposes, not for storage purposes. Please note that this is against the law; you cannot do anything forcefully with any employee.

Legal Implications of Holding Original Documents

It is absolutely illegal for an employer to keep the original documents of any employee. An employee can go to the labor department against the employer, and in such a case, the labor department would consider it as bonded labor. Bonded labor is prohibited in India by law, as per Articles 21 and 23 of the Constitution.

Alternatives to Holding Original Documents

If management wants to implement such a thing, then you can go for an employment agreement; otherwise, you need to issue an acknowledgment letter stating what kind of certificates you possess and when these original documents will be returned.
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