Hello all. I was working with a company up until Nov 2015. I was doing desk sales for which I was appointed.
During the interview, the management (it's a family-run business, so it consists of the father, mother, daughter, and one more relative of theirs) took my interview. The interview went well, and I got selected. They had asked for documents as security for 2 years, to which I agreed, thinking that I am committed towards work.
After submitting my original docs, I asked them for an offer letter and appointment letter. They said, as HR is busy, we will give you later. Then HR left (just like other employees used to leave in months). I knew I made a mistake joining this company.
Later, I asked them for the appointment letter again and again, but I was turned down, stating HR is not there or HR is busy. The management used to come up with any policies at any time as per their will. In Oct 2015, the management came up with an appointment letter with all different clauses than what was told during the interview. I objected, they harassed me, disrespected me, and threatened me that they would screw my career. I left that company in Nov 2015, but they refuse to give my documents till date.
I approached the police, but they say it's a civil matter we cannot help. Can anyone please suggest what I should do? There are more than 40 employees who have left this company because of this harassment.
From India, Mumbai
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During the interview, the management (it's a family-run business, so it consists of the father, mother, daughter, and one more relative of theirs) took my interview. The interview went well, and I got selected. They had asked for documents as security for 2 years, to which I agreed, thinking that I am committed towards work.
After submitting my original docs, I asked them for an offer letter and appointment letter. They said, as HR is busy, we will give you later. Then HR left (just like other employees used to leave in months). I knew I made a mistake joining this company.
Later, I asked them for the appointment letter again and again, but I was turned down, stating HR is not there or HR is busy. The management used to come up with any policies at any time as per their will. In Oct 2015, the management came up with an appointment letter with all different clauses than what was told during the interview. I objected, they harassed me, disrespected me, and threatened me that they would screw my career. I left that company in Nov 2015, but they refuse to give my documents till date.
I approached the police, but they say it's a civil matter we cannot help. Can anyone please suggest what I should do? There are more than 40 employees who have left this company because of this harassment.
From India, Mumbai
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You can approach the Labour Officer and seek help. Since this is a common issue for many, the Labour Inspectors will have to interfere. Such family-run organizations will also make the labour officials their side because that is the way in which such organizations exist, but you can make it an issue. Nowadays, the media is very strong. If you send them a message that your certificates are not returned, and due to which you are unable to find a job, etc., they will also come into the picture. You can also mention that when you complained to the Police, they said they cannot interfere, and subsequently when you tried to get the help of the Labour department, they also turned you down.
I don't know where you are located and whether your company was a commercial establishment or a factory. In recent amendments to the Kerala Shops and Commercial Act, there had come a provision that no employer could retain the original certificates of employees. This goes against the freedom of employment. If you are in Kerala, I am sure such harassments would not have happened. That is the primary reason why investors hesitate to come to Kerala but are willing to venture in other parts of India where the labor laws are found only in books and not in practice!
Madhu.T.K
From India, Kannur
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4490I don't know where you are located and whether your company was a commercial establishment or a factory. In recent amendments to the Kerala Shops and Commercial Act, there had come a provision that no employer could retain the original certificates of employees. This goes against the freedom of employment. If you are in Kerala, I am sure such harassments would not have happened. That is the primary reason why investors hesitate to come to Kerala but are willing to venture in other parts of India where the labor laws are found only in books and not in practice!
Madhu.T.K
From India, Kannur
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Please visit and file your complain with the labour authorities of your area.It would be better if you can ask other employees also and take them along with you to the labour office.
From India, New Delhi
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From India, New Delhi
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You can file police complaint and if police do not register the complainant, approach area judicial magistrate and file complaint of criminal breach of trust
From India, Delhi
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From India, Delhi
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Thank you all for your valuable input. I am located in Mumbai. I had approached a lawyer, but I feel he was just pushing us in the wrong direction for the last two months. I guess he got settled with the owners. I have approached another lawyer who looks after corporate affairs. Hopefully, I'll get justice. But I will keep on fighting and will update you all. Thank you again.
From India, Mumbai
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From India, Mumbai
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The certificates belong to you. The company's action amounts to extortion. You can commence civil as well criminal action.
There is a larger facet of violation of basic human rights. You can seek the intervention of Human Rights Commission as well.
From India, Kochi
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There is a larger facet of violation of basic human rights. You can seek the intervention of Human Rights Commission as well.
From India, Kochi
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Hi Sachin,
It's good that you seek advice from experienced people. Many individuals make the mistake of handing over their original certificates just to secure employment. The original certificates can be shown to the interviewer or HR manager to verify the copies you have submitted, and the company cannot retain the certificates unless the employment terms specify otherwise. Generally, companies request the original certificates if they are investing a significant amount of money in your training, including overseas training. Even in such cases, there should be a specific period (e.g., one or two years) during which the employer can retain the certificates before returning them.
In your situation, you have two options. You can choose to go to court, which is a tedious and lengthy process, or you can approach the local labor department for assistance.
Regards,
From India, Bangalore
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It's good that you seek advice from experienced people. Many individuals make the mistake of handing over their original certificates just to secure employment. The original certificates can be shown to the interviewer or HR manager to verify the copies you have submitted, and the company cannot retain the certificates unless the employment terms specify otherwise. Generally, companies request the original certificates if they are investing a significant amount of money in your training, including overseas training. Even in such cases, there should be a specific period (e.g., one or two years) during which the employer can retain the certificates before returning them.
In your situation, you have two options. You can choose to go to court, which is a tedious and lengthy process, or you can approach the local labor department for assistance.
Regards,
From India, Bangalore
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Do you have any proof that you have worked for that company in such a duration? Have you signed the attendance register every day? What is the mode of salary received? These points shall be useful for filing a complaint with the Labour Department. Please review all the points and proceed further.
From India, Bangalore
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From India, Bangalore
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Hi member,
First, you should give one or two letters in a polite manner, either by hand or by post, and then observe the reaction. Keep copies of the letters. Do you have any copies of the certificates with you? Try to approach politely and proceed to the next step.
From India, Visakhapatnam
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First, you should give one or two letters in a polite manner, either by hand or by post, and then observe the reaction. Keep copies of the letters. Do you have any copies of the certificates with you? Try to approach politely and proceed to the next step.
From India, Visakhapatnam
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Dear Sachin,
I am saddened to learn about your current situation. You made a grave mistake by submitting your original certificate. Have you received any acknowledgment for the submission? If so, you can then approach your jurisdiction's labor department. What evidence do you have to prove that you were indeed employed and appointed by the company? Without concrete evidence, it may prove difficult to succeed in your case. Proper evidence is crucial as disputes between employers and employees cannot be raised without it, as stipulated in the I.D. Act, 1947. Your case should be considered on humanitarian grounds by the labor department. I wish you success in resolving your situation.
I would like to take this opportunity to caution all members and viewers of this forum to be careful when submitting original certificates to employers. Always think twice before doing so. If it is necessary, ensure to request an acknowledgment from the employer confirming receipt of the certificates. Insist on including a clause or condition stating that the certificates will be returned upon the cessation of employment.
Adoni Suguresh
Labor Laws Consultant
From India, Bidar
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I am saddened to learn about your current situation. You made a grave mistake by submitting your original certificate. Have you received any acknowledgment for the submission? If so, you can then approach your jurisdiction's labor department. What evidence do you have to prove that you were indeed employed and appointed by the company? Without concrete evidence, it may prove difficult to succeed in your case. Proper evidence is crucial as disputes between employers and employees cannot be raised without it, as stipulated in the I.D. Act, 1947. Your case should be considered on humanitarian grounds by the labor department. I wish you success in resolving your situation.
I would like to take this opportunity to caution all members and viewers of this forum to be careful when submitting original certificates to employers. Always think twice before doing so. If it is necessary, ensure to request an acknowledgment from the employer confirming receipt of the certificates. Insist on including a clause or condition stating that the certificates will be returned upon the cessation of employment.
Adoni Suguresh
Labor Laws Consultant
From India, Bidar
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Hi Sachin,
You should go to the labor office and seek guidance and help. If you have any record that you were associated with the company in any way, like a salary in the account from their bank account, attendance records, or emails, then use everything and meet a lawyer to build a case for you. Try to make a group of all harassed employees and jointly approach the labor office or a lawyer to set these sick people right.
From India, Gurgaon
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You should go to the labor office and seek guidance and help. If you have any record that you were associated with the company in any way, like a salary in the account from their bank account, attendance records, or emails, then use everything and meet a lawyer to build a case for you. Try to make a group of all harassed employees and jointly approach the labor office or a lawyer to set these sick people right.
From India, Gurgaon
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