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Sharath Crasta   12 August 2022

submission of original certificate to employer is it legal?

I was working as a lecturer in a institution in karnataka...... after I resigned the institution they are saying we cannot give you the original certificate which I had given them while joining as I've not served the notice period....... but in the appointment letter it was not mentioned about notice period as well there was no contract was done between us..... I have the acknowledgement stating that they have my original marks card.......
1. is it necessary to serve a notice period if it's not mentioned in the appointment letter
2. is it legal to keep my marks card
3. what actions I can take on this regard


 2 Replies

Dr J C Vashista (Advocate)     12 August 2022

Read terms and conditions stipulated in your appointment letter carefully where notice period can not be skipped.

The employer keeps a finger on the hand of employee by retaining original testimonial so that at the time of leaving the organisation the employee must seek NOC.

Issue legal notice for retrun original document seeking professional services of a local prudent lawyer.

Sharath Crasta   12 August 2022

sure sir........thank you

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