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Hi Team, could anyone suggest whether it is the right approach to take the original certificate, require the signing of a bond, or deduct salary from a new joinee employee? This is done to confirm their surety of employment for a period, such as one year.

Approach for Freshers and Experienced Candidates

1. When the candidate is a fresher, we can use this approach.
2. When the candidate has experience of 1 year, 2 years, or 5 years.

My query is, if we are hiring an experienced candidate (1 year, 2 years, 3 years), should we follow the same approach?

Thanks,

Rakhi Malik
HR

From India, New Delhi
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Hi Team, could anyone suggest whether it is the right approach to take original certificates, require the signing of a bond, or implement salary deductions from a new joiner to confirm their commitment to employment for a specified period, such as one year?

Considerations for Different Experience Levels

1. When the candidate is a fresher (we can use this approach).
2. When the candidate has experience ranging from 1 to 5 years.

My query is, if we are hiring experienced candidates (1 year, 2 years, 3 years), should we follow the same approach?

Thanks,
Rakhi Malik
HR

From India, New Delhi
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Original Certificates and Employer's Lien

Original certificates are taken for verification purposes only. These are not goods on which an employer can have any lien. If an employee wants the return of these certificates and the employer refuses to do so, it will be an offense under Section 406 IPC committed by the employer, as discussed in a recent thread on how to get originals back from the employer through legal action.

Execution of a Bond

Regarding the execution of a bond, please refer to the recent thread entitled "Break of Bond" and the reply dated 27.2.2015 therein. It is evident that no deduction other than that prescribed under the Shops and Establishment Act or the Payment of Wages Act, wherever applicable, can be made. This applies regardless of whether an employee is a fresher or experienced.

Thank you,

Sushil

From India, New Delhi
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Discussion on Employment Practices

This subject has been discussed many times here on CiteHR. Why are employers continuing to commit what I assume is an illegal act? Why are the HR people here not standing up and saying we will not agree to this archaic and shameful practice? This will only stop when enough people shout loudly enough that it must stop.

From Australia, Melbourne
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