Employer not returning original certificates/documents 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

Anish Palkar

Responded 3 years ago

View All Answers
A.I have gone through your query in detail.
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.

If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 3 years ago

A.Dear client,
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
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.your friend may approach the labor commissioner or police or court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Achintya Kr Mandal

Responded 3 years ago

A.Please ask your friend to write directly in this platform.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFamily agreement on a plot with a house built on it
Dear Client, In a family settlement agreement, all the parties involved should sign the settlement deed in the presence of witnesses and a notary public to make it legally valid and enforceable. The v...
question iconOld house mud wall
Dear Client, No construction is allowed or permissible on the common wall dividing the boundary and metes of land belong to different owners. When your neighbor files a civil suit and obtains an inju...
question iconSuit for separate possession and property
Dear Client, Here, the source of finance that enables a person to acquire a property defines the character of a property. Since your father acquired the property financed by your grandfather and grand...
question iconApartment Issue
Dear Client, In the given scenario, any solution to resolve the issue may cost you more apart from the legal consequences for a couple of days/months. Try your level best to resolve the matter amicabl...
question iconNational Green Tribunal
Dear client, approach a lawyer at your location or any NGO on environmental concerns for drafting a notice to the company.