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Amrinder (designer)     26 March 2013

Employer demanding original certificates - is it legal?

Hi,

I am working in a corporate company, the company is ISO certified. 2 Days back they ask all employees to submit their original certificates for some verification purpose.
      They want to keep the certificates with them without giving any acknowledgement in written, Failure to do so will lead to stoppage of salary. 

Please suggest some solution ASAP.

Thanks.

 



Learning

 7 Replies

Sudhir Kumar, Advocate (Advocate)     26 March 2013

illegal demand.  They cannot resort to slavery which is forbidden in Fundamental RIghts.

Kumar Doab (FIN)     26 March 2013

The style and manner of the company thru and its line managers/HR is coercive, intimidating, unreasonable, unfair, illegal…..

 

If company and its line managers/HR are unwilling to demand submission of original certificates/issue acknowledgment in writing/mention with in which date the original certificates shall be returned to employee, you may either submit to the tantrums and demands or decline.

You may submit copies attested by Gazetted Officer or Notary along with a letter mentioning that as per demands of Mr/Ms……….designation……….dept……..address…….on dated to submit the  certificates, you are submitting attested copies of certificate number ……….towards ……….

You may add that if company wants to see the originals you can show them and you shall collect these on the spot after showing the originals.

 

Employee should be sensible /wise enough to understand when it is the time to bid goodbye and when the employer turns unworthy of being employed with.

 

You have the option of tendering notice of resignation with notice period/effective date of resignation/last day mentioned in it preferably by letter thru redg. post……

 

 

The officials in o/o Labor commissioner, SE Inspectorate are expected to take Suo Mottu notice of such unfair practices.

All united employees may place a phone call to Commissioner of Labor and mention that it can’t happen without connivance of officials and employees are contemplating to issue press note and escalate to State/Central Labor Minister also.

The Labor Commissioner may be an IAS officer and may act promptly.

The trade unions usually do not spare such incidences.

If employees can record (audio/visual) such incidence of coercion/intimdation they may succeed in lodging a FIR as well.

You may also find your own ways and means to defend your interest as deemed fit at your end.

Adv k . mahesh (advocate)     27 March 2013

nowadays every company small or big there are using such practices because if the employee who gets experience after that he leaves for beigger hike in another company to avoid such practice the company hr people are making such nonsense things 

P.C. Joshi (service)     28 March 2013

In this country govt.emploees and private sector emplyees are treated differently.govt. Employees can notbe sacked unless there is Complete enquiry process is followed which often acts for eoyees. Even if that goes against th employee he can go to court but in case of a pvt sector employee his services can be terminated bythe employer any time. This causes agreat amount of insecurity.i want to know whether there is any law which protects privaste sector employees

P.C. Joshi (service)     28 March 2013

In this country govt.emploees and private sector emplyees are treated differently.govt. Employees can notbe sacked unless there is Complete enquiry process is followed which often acts for eoyees. Even if that goes against th employee he can go to court but in case of a pvt sector employee his services can be terminated bythe employer any time. This causes agreat amount of insecurity.i want to know whether there is any law which protects privaste sector employees

Sudhir Kumar, Advocate (Advocate)     30 March 2013

but it is employees who agree for slavery

Bryan Sims   12 April 2024

 

In many jurisdictions, it is not legal for an employer to demand original certificates from employees and withhold salary as a consequence of non-compliance. While verification of qualifications may be a legitimate concern for companies, there are generally accepted procedures and legal frameworks that must be followed to protect the rights of employees.

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