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Anonymous
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Hi there, I hope everything is fine. I applied for a job in a manufacturing company, and luckily, I was hired. The human resource department provided me with a list of all the requirements. They also told me to submit my original documents. However, when I had complied with everything, I hesitated to give my original documents for some reason. Perhaps they might lose or misplace them, yet they left me with no other choice because, according to them, that is their policy.

After I started working, I was really frustrated because the job I thought I would be doing was not the one they promised. Consequently, I decided to leave the company after a week of being hired. It has been exactly three weeks since I left, and I have been asking them to return my documents as I need them to apply for another job. Unfortunately, I have not received a single response from them. What action should I take to get my documents back? Is it legal for a company to retain its employees' original documents? I look forward to your help. Thank you.

From Philippines,
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nathrao
3180

It is not legal to keep original documents of employee with company. They have kept your educational certificates,precisely to avoid easy exit. Ask for your documents in writing and see reaction.
From India, Pune
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nathrao
3180

Giving them a written request to return your documents will be proof of them being informed about your demand. In case it escalates into a legal issue, you will have proof of asking for your educational documents back. The company is aware that retaining such documents is wrong, and written demands leave behind a documentary trail that they will want to avoid. Text messages, etc., have a limited effect - after all, they can be deleted from the recipient's phone.
From India, Pune
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To add to Nathrao's very useful suggestion, either hand-deliver your letter and obtain a receipt (which, in all probability, they will not give) or send the letter through registered post A/D. If they refuse, then it shall be on record.
From India, New Delhi
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Nathrao is correct. Make all the correspondence in writing and send them through registered A/D. Employers have no right to keep the original certificates of employees under their custody. Being an illegal act, employers will be wary of receiving letters through registered post as they know those letters will be crucial evidence in any future legal battle. All the best!
From India, Bangalore
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A big thank you to all of you. I followed your advice and sent a letter to the company about my concerns, stating some legal matters. A few hours later, someone from the HR department called me to come and get my documents. Again, thank you so much, guys.
From Philippines,
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