Unfulfillment of notice period

Sujana raj gurung (Querist) 30 September 2015 This query is : Resolved
Hello...I was working for a magazine wherein before joining I was asked to submit my original documents which I complied. After six months of work...I submitted my resignation and was supposed to fulfill my notice period of a month. However, by the 18th day , there was a personal emergency at home so I had to leave the office and go back home for twenty days. Now that I have come back my boss is not ready to give me my documents back unless I pay him for the days I missed which is a total of 12 days of my notice period. I do not have the money so I have asked him if I can give my service in return. He has refused. I would like to know..if he has any legal grounds in holding my orginal documents and my relieving letter. I also want to know if I can get some legal compensation as I had to leave on family emergency. I have signed no bonds other than my offer letter as a trainee. Please let me know.
Thank you

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Kumar Doab (Expert) 30 September 2015
Check the company and your designation is covered by which Act e.g.

---Shops and Estbs Act..................and if covered the notice period as per length of service ................It might be say 7/14/30 days .....

---Standing Orders (model/Certified) and if under probation notice period may be NIL

The employer can waive off notice period/pay by its sweet will.

If employer is unwilling you have to pay and you may ask to supply FnF statement showing computation of earned wages/Bonus/Leave encashment/OT/incentives/reimbursements etc...........and adjustment of notice pay and final amount payable by you or employer.

Original certificates are your property and employer can not have any lien on it.

Service certificate has to be issued to all employees.

Do you have any acknowledgment or evidence of original certificates retained by employer? If NO build it first.

You are a Trainee under what: Apprenticeship Act Or Standing Orders of employer?

If you are unable to handle on your own seek help from elders in the family/employees and trade union leaders/Labor Law consultant-service matters lawyer/law firm ...............and approach o/o Labor Commissioner.

K.S.Srinivas (Expert) 30 September 2015
You are entitled to get back your original certificates from your employer.
And also you are entitled to get relieving letter.
No legal compensation.

Kumar Doab (Expert) 30 September 2015
You have posted that 'I also want to know if I can get some legal compensation as I had to leave on family emergency.'

If your family member/dependent parents are covered in some Mediclaim/Group Insurance/ESIC etc and anyone was sick then as per terms of coverage you can submit claim.

Otherwise what other claim you want to stake!