Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sneha   12 October 2016

Assistance to get back the certificate 10th passing certificate asked for job on bond basis

pls pls pls help me,i have submitted my 10th passing certificate to XXX organisation to get job on bond due to financial crisis after graduation.I worked for 8 months den i pursued my dream study i left that organisation without giving notice period.As they have asked me to pay 10000/- to give back my 10th Passing certificate which i coudn pay.Pls help how can i get my certificate legally from that organisation



Learning

 15 Replies

Kumar Doab (FIN)     12 October 2016

Did the employer demand to submit the certificate, in writing?

Did it issue acknowledgment/reciept?

 

Employer has no lien on educational certificate of employee.

 

 

Kumar Doab (FIN)     12 October 2016

While posting such queries employee should post: 



What is this establishment; Commercial, Industrial? 


What is its line of business? 


How many persons are employed in it?


Does standing order apply in your case; Model/Standing?


What was your designation and nature of duties?



Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?

How many persons report to you?


You are in which state?
Your service is under probation or confirmed?


For how many months you have been working?


Are you a member of any employee’s/trade unions?


Who has demanded money to release your educational certificates?

Do you have evidence of demand?

sneha   12 October 2016

sir,

1) NBFC Comapny

2)Gold Loan Business 

3)I was in VASAI branch.

4)This company is well known recenlty raid for non disclosed income from IT Authority.

5)I dont knw model/standing order,But i spoke to official persons they have issued me letter regarding payment.

6) I am doing Ca final ri8 nw.So on pretext of Ca studies i had left dat job without serving notice period coz i will miss my attempt may'16 of Ca Inter.I had no finance help so couldnt pay money.I spoke to all people of dat firm except Directors .

7)I have worked for 8 completed months.

8)I was customer service executive then promoted as joint custodian even  awarded for best employee of the month.

9) Due to MY dad was jobless at that time i have joined that organisation with someone's reccomendation.

10)Concern branch manager has soke to me to pay amount and get the certificate,but they were plying even if i pay they will delay my 10th passing certificate.I had to run behind it.

11)I am not an member of any employee's/trde union

12)I have enough documents with authorised signture on it,I have letter issued by that organisation asked me to pay which has sent through courier.

13)I was clearly mentioned in interview dat i wan to pursue Ca of then regional manager at dat time.it was held in 2013.But now i want my certificate for my career jobs

 

sneha   12 October 2016

please assist me to get my certificate now its been 3 years leaving dat organisation

sneha   12 October 2016

I wish not to disclose Organisation name it may cause to defamatory statement against them

Kumar Doab (FIN)     12 October 2016

Where is VASAI?

 

Reply pointwise to all points.

sneha   12 October 2016

Vasai East Branch.

Vasai is after Bhayander station

Kumar Doab (FIN)     12 October 2016

Where is VASAI, Bhayander ?

 

Which city and state?

 

Go thru my post slowly and carefully and Reply pointwise to all points.

I am not interested to know the name of your company.

 

sneha   12 October 2016

1) NBFC Comapny

2)Gold Loan Business 

3)More than 10000 employees in mumbai region in 2013

3)I was in VASAI branch.State-Maharshtra,country-India,Mumbai city,thane district

5)I dont knw what does model/standing order means,But i spoke to official persons they have issued me letter regarding payment.

6) I am doing Ca final ri8 nw.So on pretext of Ca studies i had left dat job without serving notice period coz i will miss my attempt may'16 of Ca Inter.I had no finance help so couldnt pay money.I spoke to all people of dat firm except Directors .

7)I have worked for 8 completed months.

8)I was customer service executive then promoted as joint custodian even  awarded for best employee of the month.

9) Due to MY dad was jobless at that time i have joined that organisation with someone's reccomendation.

10)Concern branch manager,HR,Regional manager,Area anager has spoke to me to pay amount and get the certificate,but they were plying even if i pay they will delay my 10th passing certificate.I had to run behind it.

11)I am not an member of any employee's/trade union

12)I have enough documents with authorised signture on it,I have letter issued by that organisation asked me to pay which has sent through courier.

13)I was clearly mentioned in interview dat i wan to pursue Ca of then regional manager at dat time.it was held in 2013.But now i want my certificate for my career jobs

14)HR has demanded for Certificate and letter has issued to make payment.

15)I was in probation period.I dont know some of the things wht have asked listed below

 

Does standing order apply in your case; Model/Standing?
 

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..

Can anyone change/cancel your recommendations?

Sood   13 October 2016

Apply for duplicate certificate.

Sood   13 October 2016

Hehehe what was all that about...kumar???

Kumar Doab (FIN)     13 October 2016

In the title of your query, you have posted that:

" Assistance to get back the certificate 10th passing certificate asked for job on bond basis"

Did you sign some bond?

 

if yes do you have copy of the bond?

 

The Bond was created in lieu of what extra ordinary benefits by employer e.g; some training from soem Instt. that added to your qualification?

 

 

Kumar Doab (FIN)     13 October 2016

You have not clarified:

 

"Did the employer demand to submit the certificate, in writing?

Did it issue acknowledgment/reciept?"

First of all obtain some evidence of demand of certificates from you.

Employer has no lien on educational certificate of employee.

 

 

You have posted that:

"I was customer service executive then promoted as joint custodian..............I was in probation period"

 

 

You should be covered by; Bombay Shops & Estbs Act;

 

 

Bombay Shops & Establishments Act; Sec; 66; does not lay down (verbatim) any notice period/pay for employee. It lays down notice period and notice pay in lieu of notice period for employer.For 8 months of service employer should tender notice of termination of 14 days.

 

 

https://www.sharpfacility.com/Labour%20Laws/General/BARE%20ACT/Shop%20and%20Establishment.pdf

 

 

Standing Orders; Model/Certified:


Check with IT/ITES/Trade unions, Certifying Officer that is usually DLC in Dept. of Labor, Inspector appointed under Bombay Shops & Establishments Act, a very able counsel specializing in Labor Law /service matters at your location.

 

Refer to Model Standing Orders; Notice Period during probation period is NIL..

Kumar Doab (FIN)     13 October 2016

Approach a very able counsel specializing in Labor/service matters, employee's/trade unions,

Your counsel may opine that you can approach;

Inspector appointed under; Bombay Shops & Establishments Act, Payment of Wages Act

O/o Labor commissioner

Police to get back your original certificates.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register