Retaining original in preivate firm
ROJA shree
(Querist) 03 November 2013
This query is : Resolved
My brother working in night shift, has signed a bond for 1 year, submitting original certificates in software firm . Now 6 months passed by & he is unable to continue due to severe eye prob. Doctor has advised not to work night shift. Without opting to resign, he requested for day shift. But firm told to resign .
Now the firm demanding 10,000 to give back the certificate or compelling to serve notice period of 1 month.
1. My question is my brother not breaking the bond condition, requested day shift. Is it valid request?
2. Whether retaining his original by the firm is lawful?
3. Whether demanding 10,000 or compelling to serve notice period was lawful?
4. Pls suggest legal measures for my brother to get out of this.
Sudhir Kumar, Advocate
(Expert) 03 November 2013
deposit of original is wilful submission to slavery.
However slavery is againt fundamendal rights.
So retaining of certificates by company is illegal.
ABDUL RAZIQUE
(Expert) 03 November 2013
Agree with Sudhir Sir,
I do not know Bond matter signed by and between the parties, if there is any provision to do so then act.
Contact local lawyer for help.
Rajendra K Goyal
(Expert) 04 November 2013
1. Employer is justified to ask the employee to work in any shift within the terms of appointment.
2. No retaining original is not lawful.
3. If the bond / condition was agreed and signed it is lawful.
4. He can send notice for returning of the originals.
ajay sethi
(Expert) 04 November 2013
company cannot retain original certifcates of employer . however company is justified in demanding that employee serve the notice period as per terms of appointment letter . better settle issue amicably with the company
ABDUL RAZIQUE
(Expert) 04 November 2013
No way anyone has the authority to retain the original education certificate of the employee. But few company practices illegally to control of the employee. Rather going to court ask the employer to return back your certificate. There cant be any bonding that you have to work with him for such period. If he deny to return back then you can go to police or court and or settle amicably.
