Dear Sir/Madam,
I joined a private limited company in Hyderabad on July 16, 2016. At the time of joining, they asked me to surrender my 10th and Diploma certificates. I surrendered the same. Now, my company is struggling to pay salary and expenses spent for the company. As of last week, I received my June month salary, yet I have not received my July month salary, and the expenses I incurred for the company have also not been paid since April 2019. My company is now giving me mental torture by asking me to visit customer places without paying any expenses. I was on-site and spent money from my pocket for the company.
Despite bringing in a turnover of 1.20Cr in the first quarter of this year, my company is treating me very arrogantly. They are asking me to come to Hyderabad for a meeting, but I informed them that I do not have the money to travel there. Their response was very arrogant, stating that if I fail to reach the Head Office, they will terminate me and refuse to pay my dues. They have also refused to return my certificates.
My questions are as follows:
1. Can a company legally hold an employee's certificate?
2. Due to my company's delayed payments, I have failed to pay my EMIs on time, resulting in my home loan account becoming NP. This has caused mental distress. How can I retrieve my certificates and dues from my company?
3. What legal recourse do I have against my company?
Thanks and regards,
BK
From India, Chennai
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I joined a private limited company in Hyderabad on July 16, 2016. At the time of joining, they asked me to surrender my 10th and Diploma certificates. I surrendered the same. Now, my company is struggling to pay salary and expenses spent for the company. As of last week, I received my June month salary, yet I have not received my July month salary, and the expenses I incurred for the company have also not been paid since April 2019. My company is now giving me mental torture by asking me to visit customer places without paying any expenses. I was on-site and spent money from my pocket for the company.
Despite bringing in a turnover of 1.20Cr in the first quarter of this year, my company is treating me very arrogantly. They are asking me to come to Hyderabad for a meeting, but I informed them that I do not have the money to travel there. Their response was very arrogant, stating that if I fail to reach the Head Office, they will terminate me and refuse to pay my dues. They have also refused to return my certificates.
My questions are as follows:
1. Can a company legally hold an employee's certificate?
2. Due to my company's delayed payments, I have failed to pay my EMIs on time, resulting in my home loan account becoming NP. This has caused mental distress. How can I retrieve my certificates and dues from my company?
3. What legal recourse do I have against my company?
Thanks and regards,
BK
From India, Chennai
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Dear friend,
An employer can demand the submission of original certificates of educational qualifications of a newly appointed person for the purpose of verification, give official acknowledgment for their receipt, keep them for some reasonable time for verification, and should return them as soon as the verification process is over. No employer can hold them indefinitely and use them as a hold for any issues pertaining to employment.
Non-payment of wages/salary amounting to delay or denial is an offense under the Payment of Wages Act, 1936, as well as a breach of the contract of employment. Any employer who fails or refuses to pay the incidental expenses related to the discharge of duties of his employees cannot pull up the employee for non-performance or underperformance.
Politely request the Company to return your original certificates and clear all your dues. If they fail or show no response, make a complaint to the Labor Officer for the area of your workplace and file a claim under section 15 of the Payment of Wages Act, 1936, before the Dy. Labor Commissioner who is the Authority under the Act for recovery of the dues if you are a workman under section 2(s) of the ID Act, 1947, and your monthly gross salary/wages are Rs. 24,000/- or less, respectively.
If you are not a workman and are firmly prepared for a showdown, you may send a legal notice through a Lawyer to file a Civil Suit later against the Company for a breach of the contract of employment.
From India, Salem
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6185An employer can demand the submission of original certificates of educational qualifications of a newly appointed person for the purpose of verification, give official acknowledgment for their receipt, keep them for some reasonable time for verification, and should return them as soon as the verification process is over. No employer can hold them indefinitely and use them as a hold for any issues pertaining to employment.
Non-payment of wages/salary amounting to delay or denial is an offense under the Payment of Wages Act, 1936, as well as a breach of the contract of employment. Any employer who fails or refuses to pay the incidental expenses related to the discharge of duties of his employees cannot pull up the employee for non-performance or underperformance.
Politely request the Company to return your original certificates and clear all your dues. If they fail or show no response, make a complaint to the Labor Officer for the area of your workplace and file a claim under section 15 of the Payment of Wages Act, 1936, before the Dy. Labor Commissioner who is the Authority under the Act for recovery of the dues if you are a workman under section 2(s) of the ID Act, 1947, and your monthly gross salary/wages are Rs. 24,000/- or less, respectively.
If you are not a workman and are firmly prepared for a showdown, you may send a legal notice through a Lawyer to file a Civil Suit later against the Company for a breach of the contract of employment.
From India, Salem
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Dear Mr.Umakanthan sir, Thank you very much for your kind advice Thanks, BK
From India, Chennai
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From India, Chennai
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The act of the company in retaining original documents is highly irregular. Keeping original documents as security to prevent people from absconding or leaving is not as per the laid-down laws. If an employee breaches the job contract, the company has legal remedies of damages and specific performance, etc. Send the company a legally drafted letter, but signed by you, asking for documents back or file a civil suit. It is time-consuming, but otherwise, there is no way to obtain your documents.
From India, Pune
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From India, Pune
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