Retaining original certificates by employer (hospital) of a nurse - court judgemnet against it?

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What are the facts? Why the judgment is required?

Retaining original certificates by an employer, including hospitals, is considered illegal in India. Here's what you need to know: -

*Legal Precedent*: A landmark judgment by the Madras High Court in the case of A. John Paul v. State established that retaining original certificates constitutes a criminal breach of trust under Section 406 of the Indian Penal Code (IPC). The court emphasized that employers cannot withhold employees' certificates, ensuring their professional mobility and personal dignity. - *Indian Labour Laws*: According to Indian labour laws, employers can request original documents for verification but must return them immediately. Retaining documents as collateral for employment is considered forced labor and is prohibited under the Bonded Labour System (Abolition) Act, 1976. - 

*Employee Rights*: Employees have the right to request their original certificates back, and employers are obligated to return them. If an employer refuses, employees can send a formal email or legal notice, approach labour authorities, or take legal action.

 - *Notice Periods or Resignations*: Holding original documents as leverage for notice period completion or preventing resignation is 100% illegal. Employers can protect their interests by framing appropriate clauses in the appointment letter, such as notice periods or damages for breach of contract. To resolve disputes related to retaining original certificates, employees can . -

*Approach Labour Authorities*: File a complaint with the Labour Commissioner or Human Rights Commission.

- *Take Legal Action*: Sue the employer for harassment and illegal retention of property.

- *Seek Professional Help*: Consult with a lawyer or seek assistance from organizations that specialize in employment law.

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