Sidaa Reddy 03 January 2021
Pradipta Nath (Advocate) 03 January 2021
Termination without a official termination letter is not valid.
Possessing original certificates amounts to bonded labour which is also unfair labour practices.
Pradipta Nath (Advocate) 04 January 2021
Attend your job as usual.
Further if the HR gets into verbal with you like before as her/him to gave it in writing as other corporates do.
But this should be your last resort, first try to settle the issue amicably and your good rapport/behaviour.
There is no dispute unless you have received any official communication.
G.L.N. Prasad (Retired employee.) 04 January 2021
Unless there is termination order, they can not compel you to do any other things they want.
Issue a notice through advocate calling back the original documents collected by them for verification and not returned for so many days.
Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist) 04 January 2021
The employer cannot keep the original documents in custody. Please note that the employer cannot terminate the employee without serving any prior written notice. Please also do share a copy of agreement which you had executed for better appreciation of facts.
Please also note that IT/ITES may be exempted from Shops and Establishments Act.
However, you can serve a demand legal notice immediately on your employer demanding return of all original certificates which are illegally held by them.
You can also lodge a police complaint against the bonded labour practices and withholding of original certificates, any undue delay may land you in serious peril.
P. Venu (Advocate) 04 January 2021
Original documents are your property. The company holding them amounts to extortion.
So also, in the absence of any training imparted upon you incurring special expenditure, you are not liable for paying any amount.
Dr J C Vashista (Lawyer) 05 January 2021
No original documents can be retained by employer.
The employer can not terminate the service of an employee without following due process, however, if terminated, challange it.
It would be better to consult and engage a local prudent lawyer practicing service matters for appreciation of facts/ documents, professional advise and necessary proceeding.
Sidaa Reddy 05 January 2021
Ritesh Maity (Labour Law Advocate) 12 January 2021
If you now tender resignation, the company may ask for 2 lacks on the plea of breaking the bond, which is also not permissible. However, the employer may try to harass you since the original documents are in the custody of the employer, though it is also illegal.