Dear Sir/Madam, I joined a private limited company in Hyderabad on July 16, 2016. At the time of joining, they asked me to surrender my 10th and Diploma certificates, which I did. Now, my company is struggling to pay salaries and cover expenses incurred for the company. As of last week, I received my June salary, but I have not received my July salary, and the expenses I incurred for the company have not been reimbursed since April 2019. My company is now causing me mental distress by asking me to visit customer locations without reimbursing expenses. I was on-site and spent money from my pocket for the company.
Despite bringing in a turnover of 1.20 crore in the first quarter of this year, my company is treating me very arrogantly. They are asking me to come to Hyderabad for a meeting, but I informed them that I do not have the money to travel there. Their response was very arrogant, stating that if I fail to reach the Head Office, they will terminate me and refuse to pay my dues. They have also refused to return my certificates.
My questions are as follows:
1. Can a company legally hold an employee's certificate?
2. Due to my company's delayed payments, I have failed to pay my EMIs on time, resulting in my home loan account becoming non-performing. This has caused mental distress. How can I retrieve my certificates and dues from my company?
3. What legal recourse do I have against my company?
Thanks and regards,
BK
From India, Chennai
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Despite bringing in a turnover of 1.20 crore in the first quarter of this year, my company is treating me very arrogantly. They are asking me to come to Hyderabad for a meeting, but I informed them that I do not have the money to travel there. Their response was very arrogant, stating that if I fail to reach the Head Office, they will terminate me and refuse to pay my dues. They have also refused to return my certificates.
My questions are as follows:
1. Can a company legally hold an employee's certificate?
2. Due to my company's delayed payments, I have failed to pay my EMIs on time, resulting in my home loan account becoming non-performing. This has caused mental distress. How can I retrieve my certificates and dues from my company?
3. What legal recourse do I have against my company?
Thanks and regards,
BK
From India, Chennai
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Employer's Rights and Employee's Recourse
An employer can demand the submission of original certificates of educational qualifications from a newly appointed person for verification purposes. They should provide official acknowledgment for their receipt, keep them for a reasonable time for verification, and return them as soon as the process is complete. No employer can hold them indefinitely or use them as leverage for employment-related issues.
Non-Payment of Wages
Non-payment of wages or salary, amounting to delay or denial, is an offense under the Payment of Wages Act, 1936, as well as a breach of the contract of employment. An employer who fails or refuses to pay the incidental expenses related to the discharge of duties cannot penalize the employee for non-performance or underperformance.
Politely request the company to return your original certificates and clear all your dues. If they fail or show no response, make a complaint to the Labor Officer for the area of your workplace and file a claim under Section 15 of the Payment of Wages Act, 1936, before the Deputy Labor Commissioner, who is the authority under the Act for recovery of dues if you are a workman under Section 2(s) of the ID Act, 1947, and your monthly gross salary/wages are Rs. 24,000/- or less.
If you are not a workman and are prepared for legal action, you may send a legal notice through a lawyer to file a civil suit against the company for breach of the contract of employment.
From India, Salem
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6108An employer can demand the submission of original certificates of educational qualifications from a newly appointed person for verification purposes. They should provide official acknowledgment for their receipt, keep them for a reasonable time for verification, and return them as soon as the process is complete. No employer can hold them indefinitely or use them as leverage for employment-related issues.
Non-Payment of Wages
Non-payment of wages or salary, amounting to delay or denial, is an offense under the Payment of Wages Act, 1936, as well as a breach of the contract of employment. An employer who fails or refuses to pay the incidental expenses related to the discharge of duties cannot penalize the employee for non-performance or underperformance.
Politely request the company to return your original certificates and clear all your dues. If they fail or show no response, make a complaint to the Labor Officer for the area of your workplace and file a claim under Section 15 of the Payment of Wages Act, 1936, before the Deputy Labor Commissioner, who is the authority under the Act for recovery of dues if you are a workman under Section 2(s) of the ID Act, 1947, and your monthly gross salary/wages are Rs. 24,000/- or less.
If you are not a workman and are prepared for legal action, you may send a legal notice through a lawyer to file a civil suit against the company for breach of the contract of employment.
From India, Salem
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The act of the company in retaining original documents is highly irregular. Keeping original documents as security to prevent people from absconding or leaving is not as per the laid-down laws. If an employee breaches the job contract, the company has legal remedies of damages and specific performance, etc. Send the company a legally drafted letter, but signed by you, asking for documents back or file a civil suit. It is time-consuming, but otherwise, there is no way to obtain your documents.
From India, Pune
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From India, Pune
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