You have posted that:
--“ The company is hold my brothers 10th and Eng Diploma Certificated.’
“The HR now has asked to pay 1-Lac and take back the certificates.”
The act of the company to hold originals certificates is unfair and even unlawful.
This is property of the employee, result of many years of education and must for earning livelihood thru employment…… and company can not have any kind of lien on it.
Has the employee signed on any document or clause that he is willingly handing over his educational certificates for say……as a collateral, security, guarantee, or for verification etc…..
Did the company mention in any of the documents that employee shall have to produce the certificates for verification, or keep it with the company for……days/month/during employment?
Has the company issued any acknowledgment in writing?
The employer may ask to show originals for verification and may mark OSV on photocopies.
Employer may ask to produce copies which are self attested/notary attested/attested by a gazetted officer, and why it should retain the certificates.
And why it should keep the certificates as a coercive tactics and that too without issuing any acknowledgment.
Your lawyer may opine that this act of the employer may be termed as even criminal, and may advice to lodge a criminal complaint.
The courts and lawful authorities may not agree to such acts of employers.
Your lawyer may opine that these HR personnel can be charged by name, along with good offices of MD, Chairman, and appointing authority.
--“A bond was signed by him for his service with conditional of 1-Lac repayment if my bother leaves the company before 1 year from his time of employement.’
The employee may show this bond to a competent and experienced labor consultant/service lawyer and your lawyer may opine that this bond is legally unenforceable, inequitable, void, unconscionable……….
--‘After some time, in June 2011, he left the site as he was sick. The company called him over the phone and asked him to join immediately. after 8 days he rejoined. ‘
Did the employee submit leave application and got it approved and does he have the copies? Did he resume duties in writing and submit joining report?
--‘He was not paid the salary for June 2011. He continued to work at the site. On July 29 he call the HR abt the payment of his salary. But he was asked to continue. Finaly he was not paid for July 2011 salary. ‘
Did he submit any representation to god offices in writing? Does the company supply salary slips and did it supply for these months?
Did the company inform any reason for non disbursement of salary?
--“ My bother did not leave the organization on his own, as he was not paid the salary for 2 mothw he has to move out of the organization.’
Did the employee submit this as a reason for separation and thus declaring the employer unworthy of being employed with? Has the company accepted resignation and issued FNF statement showing amounts to be paid to employee and to be collected from employee?
Our hunch is that ( you have to check) company had decided to terminate ( while the employee proceeded on leave) /has terminated the services and has inserted the comments/documents in personnel file, or has declared the employee absconding/having abandoned the employment, leveled charges of misconduct and has squared the salary as per some stupid policy of the company.
The employee may request in writing under acknowledgment the good offices to allow him to let him examine his personnel file.
As the company communicates by a cost effective but effective mode of communication i.e. email it should have supplied the communications by email or other effective modes e.g. regd. Post.
--‘ In this case request to help how could i legaly approch to get back my brothers certificate.Any help/advise is appreicated.‘
Approach your lawyer as ap, with all docs and give inputs in person and spend some quality time with your lawyer.
You may go thru SE Act AP: IT companies are covered under SE Act.
You may go thru it.
SE Act AP (You may obtain the latest version from Dept. of Labor website of AP or buy from market):
2. Definitions:
(5) commercial establishment means…..
(9) employer means a person having charge of or owning or having ultimate control over the affairs of an establishment and includes the Manager, agent or other person acting in the general management or control of an establishment;
(23) Wages means every remuneration, whether by way of salary, allowance, or otherwise expressed in terms of money or capable of being so expressed
34. Compulsory enrolment of employees to Insurance cum savings scheme :-
35. Responsibility for payment of wages :-
36. Fixation of wage period :-
37. Wages for overtime work :
38. Time of payment of wages :-
40. Deductions which may be made from wages :-
41. Fines :-
43. Deductions for damage or loss
47. Conditions for terminating the services of an employee, payment of service compensation for termination, retirement, resignation, disablement, etc., and payment of subsistence allowance for the period of suspension :-
48. Appointment of authority to hear and decide appeals arising out of termination of services :-
CHAPTER IX
Appointment Powers and Duties etc., of the authority to hear and decide claims relating to Wages etc., of employees in Establishments
50. Appointment of authority to hear and decide claims relating to wages etc.
51. Claims arising out of deductions from wages or delay in payment of wages etc., and penalty for malicious or vexatious claims
52. Single application in respect of claims from unpaid group
53. Appeal :-
54. Conditional attachment of property of employer
63. Penalty for obstructing Inspector etc
68. Maintenance of registers and records and display of notices, etc
72. Rights and privileges under other laws etc., not affected
Your lawyer may opine that you fall within the category of workman and ID can be invoked. Designation alone does not decide employee is a workman or not.
The company may yield to legal notice of your lawyer, demand notice by you thru your lawyer, during conciliation proceedings, Notice by Wages Inspector, Inspector under SE act…..
