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uday kiran (hr)     14 September 2016

Employer retained my original certificates from 3 years

Dear Respected Lawyers,
My First Employer retained my original certificates from 3 years, I signed on 20rs Bond paper and a appointment letter for 1 year, in that I've seen 2 clauses.
1. I Will abide by terms & Conditions of company for 1 year
2. If I resign on or before from my date of joining Organisation will not return my original certificates.
3. After completion of 12 months of employment from the date of joining 06th January'2014, the company will return my original certificates.
I resigned mentioning health reason after 1 month of date of joining and I have replacement to my position, I Had mailed and contacted them after 1 year completion of date of joining, They are not even responding and HR says My employment was missing so talk to MD.
I've tried number of times to MD and not responding.
Please provide me a solution for this.
-I missed a job due to no original certificates
-I couldn't apply passport due to no availability of my SSC.
-I couldn't apply for IELTS exam due to no Passport.
I am from very below middle-class family and   I couldn't afford money and time, for every penny I spend should borrow from some other, please take it into heart and provide me a solution.


Learning

 5 Replies

Kumar Doab (FIN)     14 September 2016

The employer has NO lien on educational certificates of employee.

Instead of making phone calls, write under proper acknowledgment.

Do you have the copy of appointment letter havig such clauses?

You can approach: Police, Employee's/trade unions,Inspector appointed under; Shops & Estbs Act,O/o Labor Commissioner,Higher Officials of Dept. of Labor,etc etc..........

uday kiran (hr)     14 September 2016

Dear Sir,

Yes I have appoinment letter, 20rs Bond paper copy & Certificate recieved acknowledgement copy with me as proof (attached). What if police didnt take action or file case.

Thanks for your time & reply

Best Regards,

Uday 

Kumar Doab (FIN)     14 September 2016

You have posted in your 1st and last post that

"My First Employer retained my original certificates from 3 years, I signed on 20rs Bond paper and a appointment letter for 1 year, "...................................."Yes I have appoinment letter, 20rs Bond paper copy"

 

 

In your 1st post you did not mention about Bond.

There is no mention of any liquidated damages in said Bond.

 

The employer has NO lien on educational certificates of employee.

 

The querists have posted in threads at LCI that employer's returned certificates after complaints.

 

You can search in 'Search' option on right hand side bottom of this web page.

 

 

uday kiran (hr)     14 September 2016

The below are the 3 points mentioned in the 20rs Bond paper, the bond has expired after 1 year from date executed.

1. I Will abide by terms & Conditions of company for 1 year
2. If I resign on or before from my date of joining Organisation will not return my original certificates.
3. After completion of 12 months of employment from the date of joining 06th January'2014, the company will return my original certificates.

 

Kumar Doab (FIN)     14 September 2016

The employer has NO lien on educational certificates of employee.

 

If you are unable to handle entrust to your able counsel specializing in labor /service matters.


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