Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Suresh Garapati (software engineer)     07 April 2011

Is taking certificates from employee by company crime

Hi everyone,

I am working in a private organisation. During joining the organisation offered me hike for every six months, performance bonus and second , fourthsaturdays holidays along with all sundays. Got impressed by offer i wrote service bond for one and half year also submitted my original certificates. But no hikes or performance bonus,  when asked they are no billing project so no such things.

They are saying every thing orally, they made all saturdays working orally. No notice or something but recently i received notice for not coming to office fourth saturday, The officcial working hours are from 10 to 7pm but they will allocate work at 7:30-8pm(almost 20 times a month) and says complete and go which will take atleast 4-6hrs. Again next day we have to be office by 10am or else they are giving notice saying "not attending office in time why can't we take discipline action against you".


I asked them why didnot you give any notice for not giving hikes, performance bonus and making all saturdays working. This made my life too misearble, they are allocating huge work with short time-line  if I say no one can do that in that time line theya are asking me to work on sundays also.

 

I have to break service bond for Rs.90,000 if have to leave the office with in 1 and half year. They had large influence they know many politicians.

 

Some of my friends are saying taking certificates is not liable by law is that true. Can anyone give me some suggestion regarding this. Can I give lawyer notice for holding my certificates and not giving written reason for hike and removal saturdays etc.

 

 

 

 

 

 



Learning

 10 Replies

Democratic Indian (n/a)     07 April 2011

When you have yourself already submitted the original certificates what more can be said? Who knows what misuse they are doing with those original certificates? Either resolve the matter amicably or contact some good and honest local lawyer.

Kumar Doab (FIN)     07 April 2011

At the time of interview/making the offer  the recruiter may ask to show the originals to varify.

The emplyer can ask for notarised/self attested copies or at the most to show the originals.

Obviously they have not given the acknowledgment/receipt of originals to you and neither they have given any letter statting the reason for collecting originals from you.

As adviced by learned members you may settle amicably.

You have the option of recording the time hours spent by you in office for work, overtime for completing the work assigned to you.

You can send letter/notice  to return the originals to you.

You can obtain duplicate certificates from school/college for your future endeavours.

In future be careful and smart.Consult the elders/well wishers in the family before doing any thing on your own.Keep in touch of a good lawyer for prior  legal advice on matters.It ishall be better than committing mistakes and repenting later.

1 Like

Suresh Garapati (software engineer)     07 April 2011

They gave me acknowledgment. Is it legally acceptable to recruiter to hold certificates? Thanks for your advice.

Kumar Doab (FIN)     08 April 2011

If they have given you an acknowledgment , you are well with in your rights to demand these to be returned to you at once in excellent condition, by hand in the office.If these are soiled,mutilated,spoled,damaged,torn,you are well within your rights to turn the heat on them.

There is no reason that they hold on to these for indefinite period, without informing you, the  logic to you.

If they have issued any notice to you, you should have replied and you should have stated that on these days.. dated...you were made to work from .am to .pm for overtime of ......hours....minutes.

Their proximity to politicians has nothing to do with the payment of your wages.There are

It shall be appropriate for you to show all your rcords to your service lawyer/law firm and proceed under expert guidance.You should remain amiable but you should also learn  how to be smart  in future.

V. VASUDEVAN (LEGAL COUNSEL)     09 April 2011

This forum has been receiving these type of complaints of blind execution of bond and lodging the original certificates, especially from well educated Engineering Profession. While one can appreciate anxiety for job, desparation and blindly yielding to the demand of unscruplous employers (this reference is restricted to quite a few employers who resort to this unethical practice).

Issue a legal notice or resignation and demanding return of original certificates within a month and citing that you were constrained to execute the bond as a pre-condition of employment, contrary to law and your personal rights. Issue this by speed post with Proof of Devlivery. If you don't get response, lodge a complaint with the labour commissioner with your correspondence.

vasudevan

Y V Madhava Reddy (Manager)     11 April 2011

Yes, Certificate taking and holding from the employee is Crime. If certificates are taken for verification then it is not crime.

Y.V.Madhava Reddy

Kumar Doab (FIN)     11 April 2011

The forced work on sundays/holidays: if you have any record/document to prove , you have the upper hand.

Originals withheld since your appointment: your queries are replied.

Overtime:if you have any record/document to prove, you can raise claim.

During joining : If the offer contained in writing,,what is posted by you, you can raise your voice.

Obtain your certificates, build your record and initiate your action.

Please show all records, documents to a competent lawyer/law firm who shall represent  you.

subhashmahavadi (cashier)     01 May 2011

Generally certificates are not taken by the empoyers.it is not a practice any where in the world. it is dangerous and risky to the employerhimself. while you can obtain the originals by payment of certain fees to the universities and by notary declaration.

you need not worry about your originals being kept with your employer.At the most He may use to show in his records that he emplyed the qualified persons to the needed department as is done by some shools in india by producing the impersonated B.Ed  certificates for thier staff  as a metereil record in the DEo office.

You must proceed legally . they may approach you through the local leaders who may settle the matter amicably. You need not worry about these leaders alfter all they have to please you to please their familair friends.

so you may proceed legally regarding the other matters.

Subhash Mahavadi

SURAJ KANTHAMANGALA (HUMAN RESOURCES)     12 June 2011

- if the employer asked for the original certificates with your accept with acknowledgement is not illegal, but there will a agreement bond b/w you and employer regarding the return of the documents after your resignation. it is imp.

-it is the resposibility of the employer to return your documents after your resignation , even if it is in any conditions. 

-imp: you should have proof of handing over the original documents to your employer

Sudhir Kumar, Advocate (Advocate)     19 November 2011

No need to fall in wrangle of civil suit.  Confiscation of certificates amounts to forcing you to serve till they do so.  It is violation of Bonded Labour act and employers are criminally liable.  Moreover you can approach university for duplicate certificates and carry on. 


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