Is It Fair for a Company to Charge for Training and Withhold My Marksheet? How Would You Handle This?

I was appointed as a junior Flutter developer and had to undergo a 45-day unpaid training course at a company that did not provide any joining letter or offer letter. After one month, they informed me that they were extending the training period. When I raised objections and decided to leave the company, they mentioned charging me an amount for that. Additionally, they did not provide my mark sheet promptly. They stated that there was no bond, and these conditions were not communicated earlier. I had not signed or given consent for any such charges during the one-month course.

Where is the question of a bond when you have not been given any offer or any other letter?

Seek help from the local labor office to have this resolved. They just cannot hold your mark sheet for any such reason.

Filing a Criminal Case Against the Employer

This is a case of cheating, and it would be advisable to file a criminal case against the employer. No employer can hold the original certificates of an employee, as it is a criminal offense.

Withholding the original certificate in lieu of the alleged expenses towards training amounts to extortion. The employer is liable for criminal action.

Illegal Retention of Employee Documents

It is absolutely illegal for a company to keep the original documents of any employee, especially as surety to make them work as "bonded labor." This is illegal as per the Indian Constitution because it is termed bonded labor, which was abolished in 1947. Even if the employer and employee are in a written agreement for such a contract, it will be considered void. Employers can ask for original documents just to verify them with the photocopies and ensure that the original documents are returned at the earliest. If the original documents are required to be kept in the custody of the employer for verification purposes for a day or two, always get a written acknowledgment of the submission of such original documents.

Regards,
Swapnil Bankar