Stuck in a Job Bond: How Can I Retrieve My Certificates and Salary from My Previous Employer?

I have been selected by a company as a fresher in the role of an embedded systems engineer. They said, "For the first four months, you will be in a probation period and will receive a stipend of 2000. After four months, you will be deployed into a project, and your salary will start at 3 LPA, which is 22400 per month." They took my original documents, including my SSC, diploma, BTech mark sheets, and PC, and also a cheque of 1 lakh as they mentioned a 2-year bond where the cheque would be used to claim money if the bond is broken. I provided them with these items.

After the initial four months, nothing happened, and we were deployed to a client location after six months of joining. However, at the client company, we were not assigned to any project, and they did not pay me my salary. Instead, they only paid a stipend of 15000 for three months. I consistently inquired about the promised 22000 monthly salary, but every month, they would assure me that it would be paid the next month, leaving me without the full salary. The stipend of 15000 was also not paid on time, only being given halfway through the following month. Due to the salary issues, I decided to switch companies and was successful in securing another job using the experience gained at this company.

Now, the previous company is demanding 145000 for me to leave, claiming that 100000 is part of the bond and the remaining 45000 is the stipend I received for three months. They insist that I pay this amount to retrieve my certificates and leave; otherwise, they will not provide them. However, my new company requires a relieving letter for background verification, which the previous company is withholding. I am questioning the demand for payment as they did not fulfill their obligations in terms of salary and project deployment, even after ten months of joining.

Questions and Concerns

1. How can I retrieve my certificates and experience from them?
2. Is it legal for a company to retain my certificates?
3. Can I obtain a relieving and experience letter through legal means, considering these are essential for my new job?
4. Would taking legal action against them negatively impact my future career due to potential negative reviews?
5. What is the best course of action to resolve this issue?
6. Could pursuing legal action cause issues with the labor office or affect my future career?
7. Some individuals suggest that pursuing legal action would require paying a training fee as they provided training. Is this accurate?

I am seeking assistance as a fresher without prior experience in such matters. Kindly help me navigate this situation.

Fraudulent Company Practices

The company you are talking about is a fraudulent company. No employer has the right to possess the original certificates of the employees. Not only has the company violated labor laws, but it has also engaged in illegal activities, such as collecting checks and binding employees to work without allowing any questions to be raised against them.

Therefore, the only remedy is to approach the police station and file a complaint against the company for the illegal possession of your certificates and demanding money for their release. You can also go to the labor officer, but their intervention will be limited. However, you will get results if a good police officer intervenes in the matter. It is important to expose the company so that no one else will be cheated like this.

Thank you for your reply. However, I need to have my experience from that company. If I go to the police station and file a complaint against them, can I get my experience and relieving letter back? That is the issue. Can you please tell me if we will get that?

I don't know if the police in your state will get it for you. If you want both your educational certificates and the service certificate from the company, you should wait until the Labour Department sends a show-cause notice, conducts an inspection, and finds irregularities, etc. Then also, you cannot ensure that the employer would give you a clean certificate. After all, it is a matter of a 10-month period. If they have not given you EPF, then there would be no evidence of your working in that company. Even if you don't show it as an experience, nothing will happen.

If you are worried about the background verification, then the only possible way out is to expose the company on social media through lawful intervention. You have a valid ground to fight, which is detaining your academic certificates, a crime, non-payment of salary, and also demanding ransom money (this is actually threatening, harassment, and just like demanding ransom money).

You cannot have the cake and eat it. You should decide whether to fight or amicably settle. I don't advise you that you should fight. But this employer is very unethical and is playing smart. I don't support such companies. Now, if you can settle the matter amicably, then go ahead. But a company that collects the original certificates from the employees and collects a cheque from the employee should not be depended on; they will harm you. Therefore, expose the company. Let the public know what is going on there, and let the HR fraternity isolate the HR person in that company.

My question is, what are the terms and conditions of the bond that you reviewed? And how did you sign the bond?

Employee Bond and Legal Implications

A bond signed by an employee cannot be taken as evidence to show that the employee has accepted the bond conditions. There are many court verdicts stating that an employee is at a very low bargaining capacity when accepting an offer. Therefore, what an employer cannot do should not be imposed on employees.

I didn't sign any bond. I signed a cheque for 1 lakh rupees, which they kept. They said if we leave the company before two years, they will cash this cheque; otherwise, after two years, they will return it. But now, they are asking for 150,000. The additional 50,000 is the stipend they gave us for three months, and they are now asking for our salary back.

If I want to resolve this politely, he is not willing to listen to my problems. He is saying, "I will give you the full salary from next month, or you pay 150,000, and nothing else will be discussed."

He will not listen to you if you approach directly. If you have any person who can influence him, you can seek their assistance. If not, the best choice is to escalate the matter to law and order authorities. This is ridiculous, and no employer should act this way. Therefore, I strongly advise that you seek help from either labor authorities or the police. The latter will yield results.

I am unsure if the police in your area will take the matter seriously, but based on my experience in Kerala, the Police Station serves as the Labor Court, High Court, and the Supreme Court for common individuals. In your situation, given that the employer has withheld your certificates, a criminal offense has been committed. Thus, filing a criminal case against the employer is the most appropriate course of action.

To commence the process, you can send a legal notice through an advocate. You can decide whether to directly approach the police to file an FIR or opt for sending a legal notice through an advocate.