What legal action an employee can opt for against the company who is having employee Original Degree Certificate since joining ? The employee is requesting to return back the same but the company is not replying back neither company is replying about the job status of the employee.
Please suggest.
Regards,
Mumbai
2007-01-08 15:26:14 · 11 answers · asked by Appu 1 in Politics & Government ➔ Law & Ethics
It is absolutely illegal for any Company to seek custody of one's original certificates.
But whos going to complain. Why did you submit them first of all. Because you were in need of the job. Now you arent so you want them back.
Now for the recovery.
First issue a legal notice through a lawyer.
Then file criminal proceedings for the offences of Cheating and Criminal Breash of Trust under Section 420 of the Indian Penal Code.
You can also maintain a civil action for damages and compensation at the same time.
I have seen some of the answers therefore I had to add this para.
Law is common sense. No one need know Law before deciding what is right and what is wrong.
This kind of an arrangment of seeking the custody of original certificates, is to make sure the employee stays in until kicked out by the employer himself.
Therefore it is absurd to say that if agreements or contracts provide then it is lawful.
This is a misconception prevailing upon the working class. Lack of awareness I must say. However remedies are plenty and one must act in accordance with the situation and requirement.
2007-01-10 00:32:31 · answer #1 · answered by thiru 2 · 2⤊ 0⤋
Company is supposed to return the Degree Certificate after due verification. Since the company wants to hold it for records - at least it should respond to your request and acknowledge the fact of holding original certificate. In your case, since both the things are not happening, you can suspect some foul play. If the employee had made his request in writing under due acknowledgement from the concerned - after waiting for reasonable time you may refer the matter to the knowledge of superiors of the concerned department, if warranted issue may be escalated to the top management.
2007-01-09 02:10:04 · answer #2 · answered by Alrahcam 4 · 0⤊ 0⤋
It depends on the terms of contract. Retention of the certificate is part of the agreement and if the candidate has willingly deposited the certificate with the employer, it can remain with them. The employer has got the right to seek the certificate for verification of the certificate etc. But, it cannot be used as a tool to exact a punishment or as a coercive mechanism. Seek legal remedy if the employer acts against the contractual obligation or illegally.
2007-01-08 18:01:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
These are the terms and conditions of contract of employment. When such condition is stipulated it is for the employee to accept or to reject. In case if one has to accept try to stipulate time period after which it will be returned. In an anxiety to get a job if one accepts without application of mind this sort of problem will arise. If one needs the certificates for a genuine purpose ask the employer giving reasons and if he rejects or keeps quite knock the doors of Legal Forums.
2007-01-09 18:59:49 · answer #4 · answered by ravipati 5 · 0⤊ 0⤋
it is not legal for an indian company to keep the original certificates with them. They are just allowed to see the qualification of the employee whom they are employing, in case they do not return one can file the case aganist the company or the director of that company under the exploitation of the employees act
2007-01-09 03:04:39 · answer #5 · answered by Raunaq S 3 · 0⤊ 0⤋
It is illegal to keep original certificates of others. One should submit only the certified copies. Only on joining one should show the originals and take back them immediately.
2007-01-08 15:37:08 · answer #6 · answered by hanvis 4 · 0⤊ 0⤋
Friends,
i need your help
i submitted my original degree certificate to my previous employer & signed in a 2 years bond.but after 1 month they force me to work in other department.but i refused to work& resigned.but now they are not giving back my certificate.how can i get it back ????
they ask me to give my 3 months salary.but i cant pay money.i need my certificate for joining my PG course in correspondence.
what should i do now???
plssssss help
with regards
Madhu Mathi
2015-11-25 23:43:00 · answer #7 · answered by ? 1 · 0⤊ 0⤋
well in my experience with the jobs i have had these things have not been asked for or collected. but that is not to say that they will not be needed, just depends on the job you are going for. so it is most assuredly best to have them on hand if needed. as far as background checks yes that is very common here in the states especially if you will being taking a job dealing with sensitive materials or with peoples finances and social security numbers and the like. hope this helps and you have a great rest of your week sweetie. love ya.
2016-03-14 03:22:23 · answer #8 · answered by ? 4 · 0⤊ 0⤋
that's formal one if u go to join in school u fill the form nd give brith ceritificate....that's company got ur certificate..
2007-01-08 15:44:39 · answer #9 · answered by Madhan 1 · 0⤊ 0⤋
Myself Mustafiz Ahmad from Jamshedpur (India) any person who want to know any type of answers pls touch me.
e-mail : prashant_oboroy@yahoo.com
mustafiz_sma@rediffmail.com
2007-01-08 16:01:10 · answer #10 · answered by prashant o 1 · 0⤊ 0⤋