Employers demand original certificates - Is it legal?

Qualification is not only a criteria to see the worth of the candidate with certificates, candidates capability and calibre is most important towards the work.  However the policy varies firm to firm.

Nirav is right. I agree with him and Pantalu

Well, my basic question is unanswered - Is it legal to retain certificates?

Moreover, don't you feel it's unsafe to keep your certificates with someone else?

Yes. it is not at all illegal to retain your certificates.

No. it is the legal duty to safe guard your certificates

One thing you can do, insist on acknowledgement for all your original certificates mentioning..

Mr. Prabhakar and Dr. Tripathi,

Thanks for your reply.I always felt it's illegal but people always contradicted me with arguments somewhat similiar to other replies in this post.

Now, that it's illegal, how can I substantiate my point when a employer asks for original certificates next time. Could you please point out the law/fundamental right which says it's not correct?

Furthermore, if caught in such a situation how can one legally compel the employer to issue appointment letter without submitting original certificates. Should one file an FIR or directly approach court ? And which court one should see- district court, high court or some other court?

It would be great if you can spare some of your time and give an elaborate reply.

Thanks a lot!

Well Mr.Nirav,

Your post made me believe that constituation deoesn't give a specific guideline in this regard. It's like after seeing the TV replay Umpire is unable to decide whether batsman is out or not out.

So, I would like to take the benefit of doubt and would like to convince an arrogant employer next time that it's unfair if not illegal. ( Read 'unfair 'as something that's not prohibited by law but doesn't appear fair in normal circumstances)

Could you help me substantiate this point rationally ?

 Thanks Mr. Prabhakar for your legally worded reply!  I appreciate your line of argument and specific references mentioned therein.

Mr.prabhakar is absolutely  correct. employer has no  business  to  retain  the original certificates.before offering employment, the employer can check  its genuiness but keeping the original certificates with him is "unetical".

if the employer finds that the employee has joined the company with fake certificates,  the employer can terminate him.  the question of  advocating for  employer  or employee  side never arises here. its the  question  of  law  and  not  advocating any side.

I also in agreement with Mr. Prabhakar.By means of retaining the original documents , the employer is restricting your right for employment and your freedom.Hpwever if it is a condition of the appointment offer and accepted by the employee than the matter will be treated differently.

It would be of great help if some one helps with some decided cases on this topic?

At the time of your appointment you may handover the notarised copy of your

Testimonials to the concerned person of the company and if required show the originals.

You can ask the concerned person finalising your joining to take out a photocopy from the originals in the office and varify it with the originals and confirm that the originals are seen and varifed.

If the company states that they need to keep the originals for varification, ask them to use the notarised copies/seen and varified copies.

You can mention in your joining report that you have joined duties after completion of formalities e.g........ and that your original docs e.g.... are seen and varified by the concerned person name... and following documents ..............are received by concerned person name...

Your original docs are your property.

As a matter of fair practice you can ask all establishments e.g a bank to supply you copies/certified copies of all docs submitted/signed  by you.

At the time of your joining the you can submit the notarised copy of your testimonials and if asked show the originals.

You can ask the concerned person to take out the photocopies in the office and varify with the originals and mark "seen and varified with the originals" on the photocopies.

You can mention in the joining report that the following documents e.g............are seen and varified with the originals by the concerned person name ............ and following docs ...........are submitted by you as your testimonials in the shape of  photocopy/notarised copy/true and attested copy

If the company wants to varify they may be asked to do so by usig photocopy/notarised copy/true and attested copy

Your original docs are your property.

As a matter of fair practice you can ask the establishment to supply you copy/certified copy of all forms filed up/signed by you and all docs submitted by you.