Hello Seniors,

I'm presently working with a small web developing company as an HR Admin for 2.5 months. When I joined, my employer took my original documents for verification and had me sign an agreement stating that I must serve them for at least a year. If I leave before that, I'll have to pay them a stipend equal to six months' salary. Initially, the company claimed to have over 50 employees, but I later discovered this was false. They explained that many employees had left due to the company's small size, urging me to increase the workforce. However, the company lacks contacts with consultants or subscriptions to platforms like Naukri Resdex. Despite a promised salary of 8000 basic + 5000 performance-based (totaling 13000), I have only received 8000 for the past two months.

All employees, including myself, have submitted their original documents and are struggling to retrieve them. Management claims that returning the documents would lead to staff not showing up at the office. Additionally, my employer has erratic office hours, often arriving after 4 pm or not at all. Communication with the employer is challenging, as he rarely responds to calls and shifts blame onto employees for lack of work, often requiring weekend shifts despite the policy stating 2nd & 4th Saturdays and Sundays as holidays.

I seek your advice on this situation. Is there any action we employees can take to reclaim our certificates and leave this challenging environment? Notably, there are no established policies regarding salaries, incentives, bonuses, or leaves for employees.

Kindly advise on how to proceed.

From India, Chandigarh
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Dear Sonia,

I am surprised to hear this. How did you sign the agreement without reading it? If it is written for only 1 year, then you can ask them to return your original certificates as you have already completed the said period. Also, I just want to let you know that no organization in India can bind an employee with an agreement/bond that is void. It is only meant to scare fresh graduates so that they stop job hopping and learn things.

Always remember to do thorough research before joining any firm. Every organization follows certain policies, procedures, and principles that dictate the organization's functionality. Some follow them while some just claim to. You don't have to be scared. This is not the time for you to worry about all of this, as you have already worked for 2.5 years in that firm.

First, decide with an open mind whether you still want to continue with the firm or leave. If your decision is to leave, then go and tell the employer to return the certificates. If they agree and give them back, then fine; otherwise, tell them you will proceed legally. You can definitely get back your certificates with ease without getting into any hassles. As mentioned earlier, in India, no organization can bind an employee with bond terms. It is not valid in the court of law.

Hope this is clear.

Regards,

Prashanth


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Thank you for your valuable suggestion, Prashanth, but I would like to correct you that it's not 2.5 years that I have been working with this organization, it's only 2.5 months. My major concern is regarding the fact that I'm a fresher. Before this, I had worked with a recruiting agency for 3 months, but that was just to get the feel of working before actually joining any organization after my MBA. I don't have any type of learning being provided by this organization, and moreover, there seems to be no growth perspectives. I'm really concerned about my future now.

Please suggest what I should do...

From India, Chandigarh
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Dear Sonia,

Few organizations provide training, and few don't. Since you are an MBA graduate, you should be capable enough to identify your job roles. There is plenty of information available on the internet.

Firstly, you should decide whether you want to continue with the present organization or not. If you think you can, then think positively and continue. If not, then move on. Speak to the present employer and tell them the reason why you want to quit. You can even provide medical reasons as well. Request them to release you soon.

If they listen to you, great; otherwise, inform them that you may need to proceed legally by filing a case in the Labor court or through other means. Usually, this doesn't happen, but if they are reluctant, be firm.

As I said, first and foremost, are you really interested in the job? If yes, then go ahead. If not, then leave it and look for something else.

Regards,

Prashanth


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Greetings,

I may sound a little down, but your first priority is to get your documents back. The agreement that you signed couldn't have mentioned anything about your documents. Make your best approach and ensure you get your documents back.

You have signed a bond, so you may not be able to change your job anytime soon. Since you are a fresher, working in a firm might add to your credibility. Initially, every role in HR requires hard work. More importantly, do you have an offer in your hand? The market is volatile. The offers for freshers are mostly from recruitment consultants. Companies are hiring experienced HR professionals. It may take some time for you to find a suitable role. Until then, continue in this organization.

I am sure you will do your own research before joining your next firm. Please stay away from handing over your documents ever in your life.

From India, Mumbai
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Dear Sonia,

If the organizational culture is so poor, perhaps you won't be able to continue for long, so it's better to look for a fresh start. Is there any written document that can further prove that they are keeping your documents for some period? If not, then you may ask by stating that your family member needs a loan and you need to provide the documents for verification or find some other way to retrieve the documents. In the future, beware!

Thank you.

From India, Delhi
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Thank you all for your valuable suggestions.

What I have decided is that I'll get my documents back first anyhow and then I'll quit this job because there's no actual HR work here, and no growth or learning that I could get. I had started positively, thinking of framing some policies in this organization, but every time my plans are in vain because my employers never feel satisfied with the actual concepts. They always have different philosophies that suit their interests only, giving the reason that they are the boss and the business is not being run on any charity fund. I have realized it is useless to work with this firm anymore now.

Last month, I was given the task of framing a bonus policy for the organization. I spent day and night creating a good policy that would be linked to the salary as usual and even provided other alternatives if they wanted it to be performance-based entirely. However, it was all in vain. They finally decided to nominally hold some cash as a bonus which will be calculated every 3 months and paid in the 4th month if they feel the employee's performance was good, without an accurate framework on how it would be linked or calculated. They even don't discuss my salary calculation and I am constantly being paid only 8000, which was decided to be 8000 + 5000 per month. It is really something very unethical.

I have planned to tell them that I have to move back to my hometown because my mother has not been well for some time, and being the only daughter, I should be with her at this time to help her.

From India, Chandigarh
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And they hadn’t mentioned any thing regarding documents in the offer that they had made to me.
From India, Chandigarh
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Dear Sonia,

Your documents should be at the top of your priority list. Deal with this very sensitively. Remain stable and show no concern towards the job. However, you may require your documents for other legal purposes and reasons deemed fit to your situation. You are the best judge of your situation. Set your priorities right. No matter how bleak it may seem, find the best learning from your existing role. Remember, it's the reason why you would find your next job. Jump the boat, along with the incentives from the current environment. Too often, we get involved in activities and responsibilities that may not make any sense when we do them, but appear different at a later point in time.

Managing ambiguity and difficult leaders takes years to excel. You are lucky to have found this in your first job. Even when you may stand to feel lost, take my words, you will still have significant learning only if you keep an open mind.

Here are two discussions on managing a career through challenging situations. Every situation is unique, yet there are many learnings that we may take from each other.

Please advice on the career graph: [https://www.citehr.com/310306-please-advise-future-my-career-graph.html]
How to streamline messy functions: [https://www.citehr.com] (Link updated to site home) (Search On Cite | Search On Google)

The bottom line remains on how much you can maximize this situation. Give yourself a stopwatch and start counting your takeaways before you move out. This will help you stay focused.

From India, Mumbai
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Good day,

The first Priority to get the Original’s Doc’s,

Its not easy to have from any Employers, its need a cleaver ideas to get it.

I don’t know either its work or not, but I have few points, try to follow, may be it will work out.

1, Don’t ask for immediate release for any documents (From this Employer will understand that you are running from Co.)

2, Let them know that you are planning for further studies or a Course in coming 2 -3 months, and need documents by that time (This point is just friendly alert for the doc’s for Employer)

3, Ask for one by one Documents. Example – Ask Employer to provide any one of the Original Doc’s which you need for some Govt work like license, ration, pan, etc.

If Employers give then well and good, later you can ask another by giving any more excuses.

4, If in your friend circle there is any legal advisor, then take some advice from him, just in friendly manner – (Don’t hire any, its waste of Money).

5, (This one is yours idea only) – Excuse of moving to hometown in an emergency due to health or domestic issue. (But its work rarely)

6, This is not a professional, but try in last, if anything not work – Ask assistance of your Male cousins and try to meet them to your employer and REQUEST for Documents due to emergency to leave hometown or etc – (By doing this your Employer can understand that you have full support and you can go beyond that )

But kindly consider first “(Cite Contribution) Madam” Advice, as you are the fresher so this job countable for you near in future and once you have more experience you can find job any were.

Respected Moderators, Admin, if any of my point found unproffesional, then please delete it.

Thank you,

Regards,

From Kuwait, Hawalli
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