First of all let me know whether you have an acknowledgement to that extent that you have deposted certificates with them, if no, then better to wait till completion of one year.
Secondly the bond is one way or two way, if it is two way, better to wait till one year.
Thirdly do you have any alternative job, if not, pl try for that then you can submit your resignation and politely ask for certificates as suggested by Asha, if not then go legally. If you want to confront, confront all out and don't give any breathing time to the management and even never dare to dream to repeat this activity ie., approach labour, factories, legal, media etc.,
regards - kameswarao
From India, Hyderabad
30Secondly the bond is one way or two way, if it is two way, better to wait till one year.
Thirdly do you have any alternative job, if not, pl try for that then you can submit your resignation and politely ask for certificates as suggested by Asha, if not then go legally. If you want to confront, confront all out and don't give any breathing time to the management and even never dare to dream to repeat this activity ie., approach labour, factories, legal, media etc.,
regards - kameswarao
From India, Hyderabad
Please ask employer your certificates or else request University and Board to issue duplicate certificates for appliying to next jobs.
Once you got new appointment then ask old employer to return or else file police comlaint FIR against employer for recovery.
Abraham
From Saudi Arabia
Once you got new appointment then ask old employer to return or else file police comlaint FIR against employer for recovery.
Abraham
From Saudi Arabia
Dear Kumar,
It is not legal for your employers to collect your certificates. Also, the bond itself is not legally valid. Have they offered you three months compensation in the bond, in case they send you out? No service bond can be one sided and will not stand the scrutiny in any court of law.
You have not clarified if the company has given you any kind of acknowledgement for having the certificates with them. If they have given you one, I would then suggest your sending the concerned manager an email (also save a copy in your personal id) requesting him to return your certificates as you are going to pursue higher studies or simply tell them that you need the certificates for getting transcripts from the University. Whatever reply you get from them, please keep it safely and also save it in your personal id. This would help you if and when you have to take legal action or for seeking police help.
Lastly, in retrospect you should have thought over well before you accepted conditions that were illegal and were not in your interests. Please be careful atleast in future.
All the best.
Krishnan
From India, Madras
It is not legal for your employers to collect your certificates. Also, the bond itself is not legally valid. Have they offered you three months compensation in the bond, in case they send you out? No service bond can be one sided and will not stand the scrutiny in any court of law.
You have not clarified if the company has given you any kind of acknowledgement for having the certificates with them. If they have given you one, I would then suggest your sending the concerned manager an email (also save a copy in your personal id) requesting him to return your certificates as you are going to pursue higher studies or simply tell them that you need the certificates for getting transcripts from the University. Whatever reply you get from them, please keep it safely and also save it in your personal id. This would help you if and when you have to take legal action or for seeking police help.
Lastly, in retrospect you should have thought over well before you accepted conditions that were illegal and were not in your interests. Please be careful atleast in future.
All the best.
Krishnan
From India, Madras
dear vivek,
Don't be get frustreted,just do a smart trick. Nowonwards you strat like nonperformer don't give any output.over a period of month your employer must realize that you are not suitable or unfit for position.He would ask you for resignation that time you just agree on that on one condition that he should return all your certificates.It may takes little more time but it works.
Regards,
vinayak
From China
Don't be get frustreted,just do a smart trick. Nowonwards you strat like nonperformer don't give any output.over a period of month your employer must realize that you are not suitable or unfit for position.He would ask you for resignation that time you just agree on that on one condition that he should return all your certificates.It may takes little more time but it works.
Regards,
vinayak
From China
Dear Kumar,
Your employer does not have the right to take your certificates, nor do they have the right to keep them for a year. However, as you have already handed them over it may be best to seek an alternative path as they may not return them, even if you choose to specifically request them. Not returning them would mean you would need to take legal action which is expensive and not a cost you want to incur in these times.
Most training organisations keep records of who completed which course and which certificate they were given. You should get in contact with the organisations who provided the training and request a copy of your original certificates. Do this as soon as you can, as many companies are going out of business in these difficult times.
If you continue to be deeply concerned about your employer's practices, it is worthwhile looking for your next position before you leave. The IMF predicts 2009 to be a tough year for employment so you should use your networks to source another position before you leave the current one.
My advice: this is a time for clever thinking and wisdom, not fear.
Louise Metcalf
Your employer does not have the right to take your certificates, nor do they have the right to keep them for a year. However, as you have already handed them over it may be best to seek an alternative path as they may not return them, even if you choose to specifically request them. Not returning them would mean you would need to take legal action which is expensive and not a cost you want to incur in these times.
Most training organisations keep records of who completed which course and which certificate they were given. You should get in contact with the organisations who provided the training and request a copy of your original certificates. Do this as soon as you can, as many companies are going out of business in these difficult times.
If you continue to be deeply concerned about your employer's practices, it is worthwhile looking for your next position before you leave. The IMF predicts 2009 to be a tough year for employment so you should use your networks to source another position before you leave the current one.
My advice: this is a time for clever thinking and wisdom, not fear.
Louise Metcalf
Dear All,
Original certificates cannot be taken except for verification with the copies. In case, you feel that you will not get it back after you resign, it is better to make a demand for it when you are serving. If you resign also you can collected through the police as the company would be wrongfully retaining your property with dishonest intention.
With Regards
Ist Floor, Singapore Plaza,
Linghi Chetty Street,
E-mail : <link outdated-removed> ( Search On Cite | Search On Google ) @eth.net,
Off : 044-42620864, 044-55874684,
From India, Bangalore
Original certificates cannot be taken except for verification with the copies. In case, you feel that you will not get it back after you resign, it is better to make a demand for it when you are serving. If you resign also you can collected through the police as the company would be wrongfully retaining your property with dishonest intention.
With Regards
Ist Floor, Singapore Plaza,
Linghi Chetty Street,
E-mail : <link outdated-removed> ( Search On Cite | Search On Google ) @eth.net,
Off : 044-42620864, 044-55874684,
From India, Bangalore
Hi, you can tell them, that you need your certificates back for sometime as you need to get your passport made, for police enquiry & all . Or else you can give any other reasons. Regards Jagriti
From India, Patiala
From India, Patiala
hi!!!
As per the provisions of Indian Penal Code retention of Original Certificates & Mark List by the Employer is a Criminal Offence punishable under Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY],406[CRIMINAL BREACH OF TRUST:]& 420 [CHEATING:].
Dishonest missapropriation and conversion of moveable property to their own use needs to be proved under Sec 403.It is the same case with Sec 406 & deception needs to be proved for Sec 420.
I Hope This may help you out..........
Regards
Suru:)
From India, Mumbai
As per the provisions of Indian Penal Code retention of Original Certificates & Mark List by the Employer is a Criminal Offence punishable under Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY],406[CRIMINAL BREACH OF TRUST:]& 420 [CHEATING:].
Dishonest missapropriation and conversion of moveable property to their own use needs to be proved under Sec 403.It is the same case with Sec 406 & deception needs to be proved for Sec 420.
I Hope This may help you out..........
Regards
Suru:)
From India, Mumbai
Hi all,
kindly provide a idea that i am joining a new company in there they are asking original certificate.Give me the idea for not giving the certificate to them and explain about the bond.What all be in that.
Awaiting your reply.
Thank You
From India, Madras
kindly provide a idea that i am joining a new company in there they are asking original certificate.Give me the idea for not giving the certificate to them and explain about the bond.What all be in that.
Awaiting your reply.
Thank You
From India, Madras
Dear All
Employers are nowadays asking bond in the format of the Undertaking&Surety from guarantors in undertaking they put such clauses which they require in the bond also they get that dully notorised from some authority please let me know wheather there is such an example of breaking such a bond beacause clauses in these bonds generally tells that"I am willingly submitting Certificates?" Wheather these kind of bonfs can be challanged in the court of law beacause clauses in this bond indicates that employee is willingly accepting the bond.morever employers mention in the offer letter that you will have to exexute the undertaking
From India, Thane
Employers are nowadays asking bond in the format of the Undertaking&Surety from guarantors in undertaking they put such clauses which they require in the bond also they get that dully notorised from some authority please let me know wheather there is such an example of breaking such a bond beacause clauses in these bonds generally tells that"I am willingly submitting Certificates?" Wheather these kind of bonfs can be challanged in the court of law beacause clauses in this bond indicates that employee is willingly accepting the bond.morever employers mention in the offer letter that you will have to exexute the undertaking
From India, Thane
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Certificates of performance.ppt
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