I have completed my MBA and joined a company recently. I was asked to submit my Class 10th, 12th, all graduation, and MBA original mark sheets which I did (maybe foolishly). I was given a receipt of the documents stating they will be returned to me after 6 months. I quit the company after 10 days during their training period. Now the company is asking me to pay a certain amount to give my certificates back. The excuse they are giving is that they have done some expenditure on my training, even though I have not completed the full training. They are asking me to pay for the entire training. Additionally, they have not requested any payment in written form and are reluctant to do so. They are also insisting that I pay in cash. I have not raised the matter of my salary till now. I had *not* signed any contract/agreement before I quit. I do have a copy of the offer letter given by them.
Kindly tell me what my options are. Any help/advice will be very valuable.
From India, Delhi
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Kindly tell me what my options are. Any help/advice will be very valuable.
From India, Delhi
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Dear,
Recently, Mr. Sunder Rajan has written about this. As he mentioned, it is an offense under the Indian Penal Code, and the employer cannot retain original certificates and mark sheets. These actions fall under criminal offenses under Section 403 (dishonest misappropriation of property), 406 (criminal breach of trust), and 420 (cheating).
Please ask them to return your certificates and do not pay anything. Otherwise, file an FIR at the nearby police station.
Thank you,
J S Malik
From India, Delhi
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174Recently, Mr. Sunder Rajan has written about this. As he mentioned, it is an offense under the Indian Penal Code, and the employer cannot retain original certificates and mark sheets. These actions fall under criminal offenses under Section 403 (dishonest misappropriation of property), 406 (criminal breach of trust), and 420 (cheating).
Please ask them to return your certificates and do not pay anything. Otherwise, file an FIR at the nearby police station.
Thank you,
J S Malik
From India, Delhi
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Dear Arthur,
This is totally uncivilized and heinous crime against innocent gentlemen who inadvertently trust employers and offer certificates for verifications. But employers seem to be taking these acts of gentlemanly trust as foolishness. Therefore, they should be dealt with an iron hand and directly told that they must either return my certificates or face an FIR. I will claim damages for mental and physical harassment, as well as financial loss due to your harassment. I will also claim salary for the time lost in finding another job until I secure one, and you will pay me as damages.
Until you threaten them, they will not respond, and you will waste your time and money chasing them. As Mr. Malikjs stated, this is a criminal offense, and they will face significant problems.
Rashid
From Saudi Arabia
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This is totally uncivilized and heinous crime against innocent gentlemen who inadvertently trust employers and offer certificates for verifications. But employers seem to be taking these acts of gentlemanly trust as foolishness. Therefore, they should be dealt with an iron hand and directly told that they must either return my certificates or face an FIR. I will claim damages for mental and physical harassment, as well as financial loss due to your harassment. I will also claim salary for the time lost in finding another job until I secure one, and you will pay me as damages.
Until you threaten them, they will not respond, and you will waste your time and money chasing them. As Mr. Malikjs stated, this is a criminal offense, and they will face significant problems.
Rashid
From Saudi Arabia
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Thank you very much, Mr. Malik and Mr. Rashid. It's really good to see your replies and to know that I can actually do something about it. Another small query... As the company may employ delay tactics, can I get duplicate certificates of the originals held by the company? I mean, is it illegal? Even if it is, what is your advice... should I pursue it or not? :mrgreen:
Thanks in advance.
From India, Delhi
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Thanks in advance.
From India, Delhi
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Don't go for duplicates. Anyways, you might already have photocopies of all original certificates. Obtaining duplicates involves visiting the board and university, which will be a big hassle. So, refrain from getting duplicates now. Follow the advice, and I believe that with the threat, it will be resolved. Simply send the email link to the company representative and give them some time. Negotiate with them. If they face charges under the penal codes mentioned by Malik, it will be problematic for them as their reputation will be tarnished. Therefore, try negotiating with them regarding the FIR. Threaten them and insist on the return of the certificates at the earliest. If they feel threatened, they are likely to comply. Keep me updated on your case.
From India, Pune
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From India, Pune
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Hi, I have a doubt in this case, If a lawsuit is done who will be responsible for that is the HR person or the proprietor of the company. Please explain.
From India, Madras
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From India, Madras
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Arthur,
As said by Mr. Mallick, it's legally wrong to retain educational certificates of employees. An employer has full rights to retain a training certificate sponsored by the company, but not the educational certificates gained by the employees themselves.
As said by Mr. Ravi, do not go for obtaining duplicate certificates as it will be a big hassle to get the same. First, you will have to file a complaint at the local police station stating that you have lost the certificates. Then, you will have to submit affidavits and approach the university/board to obtain your certificates, which will take a long time.
Thank you.
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As said by Mr. Mallick, it's legally wrong to retain educational certificates of employees. An employer has full rights to retain a training certificate sponsored by the company, but not the educational certificates gained by the employees themselves.
As said by Mr. Ravi, do not go for obtaining duplicate certificates as it will be a big hassle to get the same. First, you will have to file a complaint at the local police station stating that you have lost the certificates. Then, you will have to submit affidavits and approach the university/board to obtain your certificates, which will take a long time.
Thank you.
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dear arthur, i am totly agreed with mr malik and apanicker ........ go and file the FIR against the companies prop/partner..... jai bakshi
From India, Delhi
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From India, Delhi
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Thanks once again to all for replying. It is not the "hassle" part in getting the duplicate documents I am interested in. I want to know the legal aspects about acquiring the duplicate sets of documents. For me, the university board thing won't be much of a problem. In fact, they have assured me a speedy process once I initiate it. I really wish and hope the matter is resolved peacefully, but I don't see it happening. :-?
From India, Delhi
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From India, Delhi
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Getting duplicate certificates is not really easy. You have to make a complaint by filing an FIR. It's too problematic because you didn't lose any documents in reality.
And kindly, don't mistake me. As you said, they are claiming that they spent money on you for training and all that. To be frank, when you leave the organization in a very short time, you are actually a cost to the company. They spend time and effort to find you, and they would have also invested in your training.
But many companies do this. They may have taken all your certificates to retain you for some time.
From India, Coimbatore
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And kindly, don't mistake me. As you said, they are claiming that they spent money on you for training and all that. To be frank, when you leave the organization in a very short time, you are actually a cost to the company. They spend time and effort to find you, and they would have also invested in your training.
But many companies do this. They may have taken all your certificates to retain you for some time.
From India, Coimbatore
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This is ridiculous! If you didn't sign any training agreement where you agree to reimburse the company a certain amount of money for your training, then you should not pay anything to them. You should threaten them that you would file a case against their company if they don't return all your documents and pay your salary for the actual time you worked (as far as I understood, you didn't get anything, right?). I'm sure they won't be happy if they face labor inspections one day...
Good luck! Don't give up!
From Kazakhstan, Almaty
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Good luck! Don't give up!
From Kazakhstan, Almaty
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Dear, I do not know whether you have requested them in writing till date or not to provide your certificates back. If not, my suggestion is that first, you should request them in writing by sending a letter through registered post. Even then, if they do not return your certificates, you should file an FIR in the nearby police station against the proprietor and the HR manager by name, because the HR manager is also involved in this malpractice. It is also suggested that in the letter, you write that if you will not return my certificates, I will file an FIR and take legal action against the company, including all concerned heads.
From India, Delhi
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From India, Delhi
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Dear Friend,
I totally agree with the opinions and comments made by Mr. Mallick. It is illegal for an employer to withhold the certificates of an individual. They do have full rights to retain training certificates but not educational certificates. I think you should first speak to the concerned HR and help them understand the potential consequences. If the issue is not resolved, you can consider discussing legal options. As mentioned by Mr. Ravi, do not request duplicate copies as it may cause problems later on. Do not worry; you will soon retrieve your certificates without any hassle.
Regards,
M S Nair
From India, Pune
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I totally agree with the opinions and comments made by Mr. Mallick. It is illegal for an employer to withhold the certificates of an individual. They do have full rights to retain training certificates but not educational certificates. I think you should first speak to the concerned HR and help them understand the potential consequences. If the issue is not resolved, you can consider discussing legal options. As mentioned by Mr. Ravi, do not request duplicate copies as it may cause problems later on. Do not worry; you will soon retrieve your certificates without any hassle.
Regards,
M S Nair
From India, Pune
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Hello AD,
You are an MBA, and the way you have written your problem reflects that you are an intelligent person. Due to circumstances, you have submitted your original academic documents. Some establishments have such practices. The advice of Mr. Malik is appreciable. If management does not return your documents, you will certainly initiate the steps as advised. The best part is that you have a receipt of the documents submitted, which will help you.
Once you get back your original testimonials, please do write or confirm.
Hope for the best.
BR//GV
From India
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You are an MBA, and the way you have written your problem reflects that you are an intelligent person. Due to circumstances, you have submitted your original academic documents. Some establishments have such practices. The advice of Mr. Malik is appreciable. If management does not return your documents, you will certainly initiate the steps as advised. The best part is that you have a receipt of the documents submitted, which will help you.
Once you get back your original testimonials, please do write or confirm.
Hope for the best.
BR//GV
From India
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Hi,
1) Request them to give back your certificates.
2) Tell them there is no written agreement for giving any money, and holding back the certificates is against the law.
3) Finally, consider seeking legal assistance from a lawyer or involving the police.
Thanks,
M.V
From India, Bangalore
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1) Request them to give back your certificates.
2) Tell them there is no written agreement for giving any money, and holding back the certificates is against the law.
3) Finally, consider seeking legal assistance from a lawyer or involving the police.
Thanks,
M.V
From India, Bangalore
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