company not giving back my marksheet
ujjwal kandare
(Querist) 17 November 2014
This query is : Resolved
Hello,
I have given an interview in an company in Mumbai, the company's head office is in panchkula, during the interview i have been told that i have to submit all my original documents with the company for 6 months if i got selected , after few days i got a email that i got selected and they sent me an offer letter in that offer letter there is nothing mentioned about this mark-sheets, but company has given me an acknowledgement receipt which i have with me. after submitting my documents company arranged a induction / training, but the trainer was a waste of time, he was just gossiping and few things he had explained about the company, he told me things which where no disclosed in the offer letter of the company and during the interview.
even i found the the working of the company unethical and i decided not to join that company and told them my decision before my appointment, now the company is not giving mu documents back and asking for 45000 rs.
What shall i do now ?
They are saying that i have signed the offer letter i have to pay money. but in the offer letter it's mentioned that company can recover money spend on training if i leave the job within one year. but i didn't got any appointment letter from company .
what shall i do ?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 17 November 2014
In fact U got offer let must have mentioned some terms apart from training left half way cost will be recovered to which u agreed n submitted org duc.
Any way it is my job pl contact: 9869400938 from Mumbai
Guest
(Expert) 17 November 2014
So far as company's training, or working style, you have to abide by the terms of offer letter, if accepted and can resign only after one year, else have to compensate the company, as prescribed in the offer letter. if not paid, the company can recover from you through legal means only, not by blackmailing tactics by withholding your documents.
So far as your documents/ mark sheet, etc., are concerned, that is your own property, the company cannot hold your documents, if not written in the offer letter. You may serve the company with a legal notice to retuen the documents within a specified time.
ajay sethi
(Expert) 17 November 2014
file police complaint against the company for retaining your original documents .
you can also issue legal notice to company to return your original documents
Rajendra K Goyal
(Expert) 17 November 2014
You have attended the training and has signed the offer letter. If you do not abide by the conditions of the offer letter you are liable to pay. Send registered demand letter to return your original.
Devajyoti Barman
(Expert) 17 November 2014
Case u/s 406 IPC can be filed agaisnt the company.
ujjwal kandare
(Querist) 17 November 2014
That company is sending me rude emails, even today i have received a letter from them demanding money. This is frustrating me a lot.
I have send them many emails regarding my documents but every time they only demand money, just once they have replied that documents are gone for verification and nothing else.
Devajyoti Barman
(Expert) 17 November 2014
This is fit case for criminal breach of trust.
Kumar Doab
(Expert) 18 November 2014
The verification can be conducted with photocopies too....
You should have consulted elders in the family, Employee's/trade union leaders, your family lawyer before acting on your own..
Your lawyer may opine that if You are clamoring for your certificates and company is demanding money then it can be termed extortion, inintimidation, coercion....
You were appointed at which post?
Even if you were recruited as a Supervisor the trade unions like FMRAI can/may represent you....
Does company have an officel/Manager at Mumbai?
Keep them in loop under notice.
The training that is required to appraise the employee with products/policies of the company so that employee can handle the counters should be without any cost to employee....
If you are unable to handle on your own entrust to Your lawyer...
.
T. Kalaiselvan, Advocate
(Expert) 18 November 2014
You may engage a lawyer and immediately issue a legal notice demanding the return of the documents held by the company illegally. Failing to invoke any response, you may lodge a criminal complaint with the police and insist them to register FIR u/s 406 IPC and initiate further action. This will be the remedy to you for the present. Also you may show your inclination to pay the training expenses amount to the extent of 50% if talks are on for return of documents.
ujjwal kandare
(Querist) 19 November 2014
Recently I have received a letter from the company and they are asking to settle accounts. (training expenses & 2 months salary)and now they are asking for 65,000 Rs. I have send them a email asking for my documents but no one had replied.
ujjwal kandare
(Querist) 19 November 2014
I was offered designation of Territory Manager (Marketing)
ajay sethi
(Expert) 19 November 2014
we have already advised you at length
ujjwal kandare
(Querist) 19 November 2014
Thank you everyone for your guidance and advice. It helped me a lot to handle this situation and thanks to lawyers club India for this platform.
Guest
(Expert) 19 November 2014
You are welcome.
