*CONFISCATION OF ORIGINAL CERTIFICATES BY EMPLOYERS IN INDIA*
It has been brought to our notice that many companies, hospitals, schools, and other organizations in India are forcing newly appointed employees to sign bonds/non-disclosure agreements with exorbitant amounts as security.
It is important to note that BONDED LABOR is illegal in India.
It has also been pointed out that many of these organizations also confiscate the original certificates of employees and retain them throughout their tenure or the period of the bond.
These certificates are retained within the premises of the organization, sometimes insecurely.
In the event of a natural disaster, theft, or fire due to a short-circuit, an employee's credentials are likely to be destroyed/damaged, and thus, he becomes eligible to sue the employer for an unprecedented sum of money.
Many organizations also make false promises regarding remuneration.
The employee is made to sign the salary register for a higher sum of money, while he is actually paid only a quarter of that sum.
All these are part of unethical business practices and have been banned by the Government of India under the Indian Companies Act.
Thus, in the interest of both the employer and the employee, we would like to point out that:
--> Forced Labor is prohibited in India under Article 23 of the Constitution of India.
--> An employee's credentials/certificates cannot be confiscated by the employer, whatever the reason.
--> An employer may collect certificates only for the purpose of verification, after which they must be returned to the employee within a few days.
--> An employer is not eligible to ask for monetary compensation from an employee if he fails to honor the bond, as the bond itself is illegal by law.
--> An employee is free to leave the employment of an organization if he/she is dissatisfied with any aspect of the organization, be it for financial or non-financial reasons.
Many employers have been misled by their lawyers into thinking that these activities are perfectly legal.
Employees too, on the other hand, are not aware of Company Law and thus are easily taken advantage of.
All those employees (including school teachers, freshers, BPO employees, experienced personnel) whose certificates have been confiscated should legally direct their employers to return their original certificates after due verification.
Upon failure to return original certificates, an employee is liable to sue the employer.
If you find your employer misappropriating the Salary A/c, you are supposed to report that to the Income Tax Department.
*PLEASE POST THIS MESSAGE ON OTHER FORUMS TOO*
From India
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2It has been brought to our notice that many companies, hospitals, schools, and other organizations in India are forcing newly appointed employees to sign bonds/non-disclosure agreements with exorbitant amounts as security.
It is important to note that BONDED LABOR is illegal in India.
It has also been pointed out that many of these organizations also confiscate the original certificates of employees and retain them throughout their tenure or the period of the bond.
These certificates are retained within the premises of the organization, sometimes insecurely.
In the event of a natural disaster, theft, or fire due to a short-circuit, an employee's credentials are likely to be destroyed/damaged, and thus, he becomes eligible to sue the employer for an unprecedented sum of money.
Many organizations also make false promises regarding remuneration.
The employee is made to sign the salary register for a higher sum of money, while he is actually paid only a quarter of that sum.
All these are part of unethical business practices and have been banned by the Government of India under the Indian Companies Act.
Thus, in the interest of both the employer and the employee, we would like to point out that:
--> Forced Labor is prohibited in India under Article 23 of the Constitution of India.
--> An employee's credentials/certificates cannot be confiscated by the employer, whatever the reason.
--> An employer may collect certificates only for the purpose of verification, after which they must be returned to the employee within a few days.
--> An employer is not eligible to ask for monetary compensation from an employee if he fails to honor the bond, as the bond itself is illegal by law.
--> An employee is free to leave the employment of an organization if he/she is dissatisfied with any aspect of the organization, be it for financial or non-financial reasons.
Many employers have been misled by their lawyers into thinking that these activities are perfectly legal.
Employees too, on the other hand, are not aware of Company Law and thus are easily taken advantage of.
All those employees (including school teachers, freshers, BPO employees, experienced personnel) whose certificates have been confiscated should legally direct their employers to return their original certificates after due verification.
Upon failure to return original certificates, an employee is liable to sue the employer.
If you find your employer misappropriating the Salary A/c, you are supposed to report that to the Income Tax Department.
*PLEASE POST THIS MESSAGE ON OTHER FORUMS TOO*
From India
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I am facing this issue in Goregaon, Mumbai. My employer has confiscated my certificate in Goregaon, Mumbai. Please assist me as to the next steps I can legally take to fight this. Is there any appropriate advocate/lawyer that can help me?
Please email me at ravi.ramakrishnan@hotmail.com. Thanks
From India, Mumbai
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Please email me at ravi.ramakrishnan@hotmail.com. Thanks
From India, Mumbai
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Employer cannot retain original certificates of the employee as security. Upon giving notice to the employer to return the same, if the employer refuses to return the certificates, then criminal proceedings under section 406 IPC can be launched against him. Thus, give a legal notice to the employer to return your certificates forthwith.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Put up a request in writing listing out the certificates retained by them and ask for them back. The certificate is your property and proof of qualifications. If they still do not comply, warn the company that you are going to take legal action, including lodging an FIR. However, actions of this nature will have repercussions on your job. Think and act with care.
From India, Pune
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From India, Pune
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