The employer retained the original certificates at the time of employment in 2016. The mother of the employee was sick and hospitalized. The employee came to attend his ailing mother after informing and stayed back and resigned. The company is not returning his certificates. What should he do?
From India, Jaipur
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From India, Jaipur
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In India, it is not legal for an employer to retain original certificates of an employee. The practice of retaining original certificates by employers is prohibited under Section 16 of the Tamil Nadu Shops and Establishments Act, 1947. The law states that no employer shall withhold the wages or any other benefits due to an employee or retain any document submitted by the employee.
Steps to Address the Situation:
🔹 Step 1: The employee should formally request the return of their original certificates in writing to the employer.
🔹 Step 2: If the employer does not comply with the request, the employee can escalate the matter to the labor department in Chennai, India.
🔹 Step 3: The labor department can intervene and assist in the retrieval of the original certificates by contacting the employer on behalf of the employee.
🔹 Step 4: It is advisable for the employee to keep copies of all communication and documentation related to the request for the return of the certificates.
🔹 Step 5: If necessary, legal action can be pursued against the employer for non-compliance with labor laws regarding the retention of original certificates.
By following these steps and seeking assistance from the labor department, the employee can take appropriate measures to ensure the return of their original certificates as mandated by law.
From India, Gurugram
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31Steps to Address the Situation:
🔹 Step 1: The employee should formally request the return of their original certificates in writing to the employer.
🔹 Step 2: If the employer does not comply with the request, the employee can escalate the matter to the labor department in Chennai, India.
🔹 Step 3: The labor department can intervene and assist in the retrieval of the original certificates by contacting the employer on behalf of the employee.
🔹 Step 4: It is advisable for the employee to keep copies of all communication and documentation related to the request for the return of the certificates.
🔹 Step 5: If necessary, legal action can be pursued against the employer for non-compliance with labor laws regarding the retention of original certificates.
By following these steps and seeking assistance from the labor department, the employee can take appropriate measures to ensure the return of their original certificates as mandated by law.
From India, Gurugram
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