My previous employer is withholding my academic certificates and PF for the past 7 years and demanding money to release them.
Background Story
I joined a company in 2002 in Hyderabad. They provided me with training and made me sign a bond, which stated I was supposed to serve the company for a period of 2 years after the successful completion of training. I surrendered my original academic certificates (SSC and Intermediate) during that time. As per the terms in the bond, I served the company for 2 years but did not collect my certificates because I was not planning to leave the company. Later in 2004, the employer made me sign another bond with a nominal pay hike of Rs. 1500 or 2000/- per month, according to which I could not leave the company for a period of 2 years. In case of breach of contract, I had to pay the company Rs. 30,000/-. After a few months, they started harassing me with all kinds of issues, making me take up more work, unnecessarily issuing pay cuts, etc. I could not tolerate their harassment and informed the then HR that I could not bear the harassment anymore and wanted to leave, but there was no proper response from him.
In mid-2006, I decided to leave and finally quit the company without submitting a resignation letter and joined another company.
After a year or two, I went to my previous employer and asked them to release my certificates and PF. They demanded money for breach of contract (Rs. 30,000 plus the interest for these years). I was not ready to pay the money because I did not want to pay them for no fault of mine (also, I did not have that money). I tried multiple times and requested them to give my certificates back, but to no avail. I finally stopped going there because I could not afford to go off work for any more days (also, there was no urgent requirement for certificates at that time).
Again, in 2010, I contacted them and asked them to release my certificates as well as PF, but they did not do so and were demanding the money along with interest, which I was not ready to pay because I could not afford to pay them that much.
Now, it has almost been 7 years, and they are still withholding my certificates and PF. I want my certificates and PF back now. I have a few queries here:
1. Is the employment bond legally valid?
2. Does an employer have the right to withhold the original certificates and PF of an employee?
3. Is there any way to withdraw my PF without the intervention of the ex-employer?
Kindly advise me on the ways to get my certificates and PF back.
Thanks in advance.
Regards,
Raj
From India, Hyderabad
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Background Story
I joined a company in 2002 in Hyderabad. They provided me with training and made me sign a bond, which stated I was supposed to serve the company for a period of 2 years after the successful completion of training. I surrendered my original academic certificates (SSC and Intermediate) during that time. As per the terms in the bond, I served the company for 2 years but did not collect my certificates because I was not planning to leave the company. Later in 2004, the employer made me sign another bond with a nominal pay hike of Rs. 1500 or 2000/- per month, according to which I could not leave the company for a period of 2 years. In case of breach of contract, I had to pay the company Rs. 30,000/-. After a few months, they started harassing me with all kinds of issues, making me take up more work, unnecessarily issuing pay cuts, etc. I could not tolerate their harassment and informed the then HR that I could not bear the harassment anymore and wanted to leave, but there was no proper response from him.
In mid-2006, I decided to leave and finally quit the company without submitting a resignation letter and joined another company.
After a year or two, I went to my previous employer and asked them to release my certificates and PF. They demanded money for breach of contract (Rs. 30,000 plus the interest for these years). I was not ready to pay the money because I did not want to pay them for no fault of mine (also, I did not have that money). I tried multiple times and requested them to give my certificates back, but to no avail. I finally stopped going there because I could not afford to go off work for any more days (also, there was no urgent requirement for certificates at that time).
Again, in 2010, I contacted them and asked them to release my certificates as well as PF, but they did not do so and were demanding the money along with interest, which I was not ready to pay because I could not afford to pay them that much.
Now, it has almost been 7 years, and they are still withholding my certificates and PF. I want my certificates and PF back now. I have a few queries here:
1. Is the employment bond legally valid?
2. Does an employer have the right to withhold the original certificates and PF of an employee?
3. Is there any way to withdraw my PF without the intervention of the ex-employer?
Kindly advise me on the ways to get my certificates and PF back.
Thanks in advance.
Regards,
Raj
From India, Hyderabad
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In my opinion, in reality, they do not want to implement the bond; otherwise, during this period, they must have liquidated the bond or moved to court for implementing the terms of the bond. The bond was just an instrument to harass the employee.
As far as original certificates and PF are concerned, there is an alternative. You can apply and obtain a duplicate copy of certificates from the respective Board/University.
For PF: If you have a PF account with the current employer, then apply for the transfer of PF amounts. Otherwise, apply for withdrawal while getting the form attested by other authorities.
All the best,
V K Gupta
From India, Panipat
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148As far as original certificates and PF are concerned, there is an alternative. You can apply and obtain a duplicate copy of certificates from the respective Board/University.
For PF: If you have a PF account with the current employer, then apply for the transfer of PF amounts. Otherwise, apply for withdrawal while getting the form attested by other authorities.
All the best,
V K Gupta
From India, Panipat
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In addition to the valuable suggestions of my dear friends, I would like to point out that regarding your PF Account, you mentioned that 7 years have already passed and you have not applied for withdrawal. Have you transferred it after changing your employer? If not, it may have expired.
From India
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From India
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Understanding Employment Bonds and Withholding of Certificates
In your case, your first bond was valid when you completed your training. After the completion of that bond period, the company cannot press you to sign another bond for giving an annual increment. If they gave you an annual increment, it is very clear that they were satisfied with your performance. So, there is no question of another bond.
Anyhow, it happened. Do you have any communication proof when you contacted your previous HR for harassment? Your mistake is that you have delayed the issue for a very long time. Withholding your academic certificate as security was valid only for your first bond. After that, it is a clear case of their malafide intention. Anyhow, you may contact your labor court or a lawyer and file a claim for harassment.
Regards,
M K Batra
From India, Kharar
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In your case, your first bond was valid when you completed your training. After the completion of that bond period, the company cannot press you to sign another bond for giving an annual increment. If they gave you an annual increment, it is very clear that they were satisfied with your performance. So, there is no question of another bond.
Anyhow, it happened. Do you have any communication proof when you contacted your previous HR for harassment? Your mistake is that you have delayed the issue for a very long time. Withholding your academic certificate as security was valid only for your first bond. After that, it is a clear case of their malafide intention. Anyhow, you may contact your labor court or a lawyer and file a claim for harassment.
Regards,
M K Batra
From India, Kharar
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