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Rights for employee during resignation of a job

(Querist) 02 May 2016 This query is : Resolved 
Hello sir/madam,
I am working in a private sector bank .they have all my original certificates and marksheets since i joined.During resignation only i can get my original certificates .Is this a law or contract or bond to hold the original certificates till i resign this job ?How to claim via law ?

Regards ,
Shivaguru C
Rajendra K Goyal (Expert) 02 May 2016
Ask them through humble request to return your original. This is your property.
Kumar Doab (Expert) 02 May 2016
Did the employer demand to submit original certificates in writing?
Did it write the reason to deposit the original certificates?


Has it issued the acknowledgment?



No; Original certificates are property of employee and employer has no lien on it?


Submit gentle request to return your original certificates and get these amicably.




Adv. Yogen Kakade (Expert) 03 May 2016
The clause mentioned in the said bond need to be seen.
Shivaguru (Querist) 04 May 2016
Thanks for your valuable suggestions Sir,They just given acknowledgement that we have received original certificates .They didnt ensure when they will return.Can i apply for other jobs without original certificates ?
Kumar Doab (Expert) 04 May 2016
You should not have agreed to deposit in first place.


Employee (you) can write minutes that on dated.................original certificates were collected for marking OSV on copies and to be returned later/immediately however later, Mr/Ms...................claimed that these shall remain in custody of employer/bosses till Employee (you) shall remain in employment and acknowledgment has been issued, to which you never agreed. However certificates have not been returned in crisp/unsoiled/undamaged condition to you.




OR you may attach the acknowledgment and send email from personal email id to return the original certificates by hand in office on dated................YOu may not return the original acknowledgment, but if they return you may issue acknowledgment and retain a copy.


Or you may submit a letter under proper acknowledgment.


If they do not return you can lodge police complaint.

It shall be better to apply your skills and get these back amicably.


Don't give any opportunity to anyone to initiate a dispute on this issue with you and cause harassment.



Shivaguru (Querist) 04 May 2016
Thanks a lot Mr.Kumar doab ,really very useful for me as well as all upcoming employees !ill try to get that amicably as you said !
Kumar Doab (Expert) 04 May 2016
You are welcome.



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