Employer not returning original certificates/documents
3 years ago
Hi all members,
My friend joined the Company as a Software Trainee pursuant to an offer letter, whereby following terms were agreed (crux of offer letter and acknowledgement):-
1. For first 06 months (probation period), he will join as Software Trainee, and thereafter his performance will be reviewed and if found eligible, will be promoted as a Jr. Software Engineer.
2. The tenure of working with the Company will be 2.5 years, during which period he will not be allowed to leave the Company.
3. That my friend has submitted original educational certificates as contract security.
4. Certificates are releasable only after 2 years and 6 months.
Now, what blunder he has done is that when he got opportunity in much better Company, he left the former Company after a probation period of 06 months, and joined that another Company, without giving resignation (might be thinking that he will get duplicate copy of the certificates or whatever). When he later approached and requested the former Company to return his documents retained by them, they are demanding Rs.2 lakhs for it (Though it is not mentioned in offer letter).
Keeping in mind the above factual position, could anyone suggest me what would be the best option for him so that he can get his documents back, without paying such hefty amount?
Further, important things I want to know for my clarity as a prospective member of legal fraternity:-
What I think is that Agreement is one-sided - because 1) there is no clause of early termination, therefore no option for employee to terminate the contract, 2) there is no clause for penalty or liquidated damages in case the employee does not serve Company for entire contract period., 3) Right of Company to retain documents even if is agreed between Company and the employee (as now the employee is requesting to return documents).
What is the validity of such kind of contracts?
P.S.- I understand that it is ethically wrong to leave the Company after training period. I am just seeking your suggestions for my clarity also. Please bear with me.
Thanks in advance.
Chetan Sharma
1) Your point No.1 is ok, as probation period is 6 months
2) NO company can put a bondage to anyone of its employee as bonded labourers are prohibited in India
3) Submitting of original educational certificates as contract security is NOT required- (Do you have Acknowledgement for the same) or you are likely to fall in trouble as the old employees can misplace your documents.
4) If you have the Acknowledgement for the same then you can issue a Legal Notice & if things don’t work, you may have to use some political powers.
5) If you have the XEROX of all Certificate then, NO need to pay Rs.2 lacs, Just make different affidavit for loss/ Damage of documents & pay the fees for issuing of DUPLICATE Marksheet & Certificates
6) If you have more time time then enter into the Legal Battle with Labour Court & civil Court & involve all the Directors/Partners/ HR Person at the time of Recruitment of that date. But for all this you should have a letter that the ORIGINAL Documents are retained by the company. (Usually the company defends that they have taken ORIGINALS for Verification etc. & sometimes tell that their Ex-employees have lost it & request you to make new/ Duplicates etc. This is a common answer ) You should not sign any types of Agreement contracts, But legally these contracts are NOT valid as they are NOT Registered.
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Sanjay Kumar Jha
Responded 3 years ago
No company can retain any original documents of its employees, what ever be any terms and conditions or any beech of period of service. Employees can not be created as bonded labour. It is his library to choose the employment same as having the library ti terminate employee any time on any reasons by company.
Hence, company has no right to hold the original educational certificate. Go and file criminal case complaint or FIR for the bilding and not releasing the same.
Make party 1.Company and 2.Directors, 3 V.P 4. HR
Thanks
Achintya Kr Mandal
Responded 3 years ago
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