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maheshkk
1

Dear all
Thanks a lot for the thread and comments posted by all. Ours is an hospital we use to collect the originals(started recently) for Nursing and Front Office staff, as the attrition is more and we faced lot of problem initially and decided by the management to take the original for the above staff. Now the attrition came down drastically, as employees will think a lot to resign because of penalty clause. One of the director is involved to take the control of the originals and it is kept in is safe locker. The flow will be like this.
I will collect the original and issue a letter with details of documents and then hand over the same to our director for the safe. When ever they want they have to keep the amount equivalient penality as per the bond then we will issue the documents.
Now after going through the thread, i will be bit cautioned and carefull about the safety.
Please any body suggest me, if i am wrong! and any control measures

From India, Bangalore
parasurampur
5

Dear Mahesh
The duty of HR people is to keep harmonious relationship between employer and employee. Instability of employee may halt the business of the company. Hence, employer's interest can not be ignored.
On the other hand the certificate is just like personal property of the employee. It does not lose its value if retained by the employer. The employee wants its safety and also the safety of its job with maximum remunaration.
If the original certificate is retained with the consent of the employee and its safe return in times of need, no one will object for it.
Such things happen in many companies.
During 1980s, even I used to retain the original driving licenses of our HMV drivers with their consent. They were temporarily issued incase of out station duties and were taken back after arrival.
I never faced any problem, nor even any law in this regard was noticed by me.

From India, Hyderabad
mahivepiyush
Sir,
I want to know is any law against keeping the original mark sheets by any compnay,
I am working in a Software Company, they have taken my original mark sheet of class 1oth, Can you just tell me is any rule or regulation, so that i can claim them for taking my mark sheet, I had to submit the mark sheet as I was looking for a job, and I am currently working here only, Please help me!
Piyush Kesharwani
9611055680

From India, Bangalore
Raj Kumar Hansdah
1426

Dear Vidya Joseph
You have already received some good suggestions and opinions.
I think the best solution to such dilemmas is to put yourself in the shoes of that person; a.k.a. EMPATHY.
Would you be hppy if someone does this to you ??
If employees are absconding en-masse, is it the fault of the employees or your "management team" (who give such toxic suggestions) ??
What would you do if your so-called "management team" advises you to keep the workers bound in chain (like slaves) ??
Do think over all these questions (I would be happy if they provoke you) and remember that HRM is an specialized area that requires certain knowledge and skills and not everybody is qualified or competent to give 'advice' to HR persons on such matters.
Warm regards.

From India, Delhi
bj.betsy
Respected Mr.Rajan,
I am intrigued by the response you have posted above.
Many Organizations now retain the Original Certificates of the Employees in connection to the Service agreement which has to be signed in and accepted by the Employee.
Can the Employee who has absconded,file a Legal suit against the Organization for withholding the Originals?
Is it Legally accepted if an Organization files a Law suit against the Absconded employee if the Service agreement is not made on a Stamp paper?
I would like to know the Genuinity of these procedures..
Expecting a response

From India, Madras
vigna.84@gmail.com
15

Dear Mr.V.Sounder Rajan,
You are 100 % correct. Nobody has the right to Collect the Original certificate legally. However a Bond duly signed from the new joinee, agreeing for the stipulated period can be obtained.

From India, Madurai
Pritam79
In india, what are the penalties that an employee has to face in case he/she breaks a service bond mid way? Also at the time of signing a bond does the employee need to submit any educational certificates/degree as a guarantee in case the bond is broken mid-way, for the employer to retain or not return the certificates/mar sheets in case the service bond is broken by the employee mid-way through the bond period? I have been told by an individual that he had joined an IT company in bangalore by signing a service bond, and when he had left the particular job midway before the completion of the bond period, his educational certificates/testimonials were not returned just because he had broken the bond period? Is it true that companies in india do retain a candidates educational certificates and do not return them in case the employee breaks the bond period midway? Is this true?
From India, Bhubaneswar
vidya4264
Hi all,
I don't know govt. rules on this topic, but Employee and Employer, any one of this will face problems if collect original certificate or not
Employee: If he/she submit his/her certificate, he/she may think that he can be slave for the respected company
Employer:If not received original certificate, employee can leave the company in short period.
If employee quit the company then company have lost as per below
1)Training expenditure lost
2)No benefit to the company
as Employee new to the process or to work and in short period Employer can't expect more business with-in short period from the Employee.
3)P.F and E.S.I expenses will be lost to the company
4)Time and food expenses will be lost to the company as Employer has to search for other candidate for the same position or post.
Let's we people decide who are losing more

From India, Bangalore
shivakashi
hai i got placed in a private company i checked the details of company it is an iso certified company only but they asked me to work on bond based(2 & half years) by keeping my original certificates with them, if i make a bond break i have to pay 50k so now i have doubt if they wont salary correctly or if they give me heavy work load more than i expect what should i do?
From India, Hyderabad
nathrao
3131

Calling for original educational documents for verification is perfectly an acceptable practise.
Taking xerox copy and getting qualifications verified is done and is legal.But retaining original documents as a measure to stop attrition or compulsion is illegal.Educational certificates are personal property of employee and cannot be retained against the will of the employee.
If employees are running away frequently,then look into your company practises and human relations and find a solution.
Change those policies which make employees run away frequently.

From India, Pune
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