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Sidaa Reddy   03 January 2021

company has terminated me. Now they are asking to resign to get my original documents back.

Hello,This is Nikhil

I need a legal advice from u.

I am btech graduate. I recently 1 month back on 30 nov 2020 joined in a company as a developer. I signed for an agreement for 2years and if I break the agreement then I need to pay 2 lakhs money. And I also submitted my original certificates.

Now on 27th dec 2020 the company has terminated me. The reasons of terminating me is
1.I want to stay near the company (although I am staying 4km far to company)
2.I dint go to office on Sunday.

Ok now I am accepting the termination and I ask the company people to give back my original certificates provided at the time of joining.

Now they are telling that if u want original certificates then u need to resign. If I resign means I need to pay the bond.

they dint provide any termination letter to me.

I dont have any mail or letter of termination. I have the recordings of conversation between me and hr


Learning

 10 Replies

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.

 

1 Like

Sidaa Reddy   03 January 2021

sir what should I do now.

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. 

1 Like

Sidaa Reddy   04 January 2021

ok tq sir.

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.

Thank you

Balachander Reddy

Advocate

1 Like

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.

1 Like

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.

1 Like

Sidaa Reddy   05 January 2021

hello sir
can I write a Regesination letter like this
as company terminated me and now as per company policy management is asking me to resign to get my original certificates.
so I am resigin.

because most of the Senior people in the company do like this after termination and get certificates.


this resign will look like breaking the bond. can I write the resign like this. please help me.

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. 


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