Educational certificates is the property of the employee. we may call it as intellectual property.
Bonded labour is prohibited in India by law vide Articles 21 and 23 of the Constitution. A specific law to prohibit the practice was legislated only in 1976 known as the Bonded Labour System(Abolition) Act. With the commencement of the Act the followingconsequences followed: bonded labourers stand freed and discharged from any obligation to render to bonded labour. All
customs, traditions, contracts, agreements or instruments by virtue of
which a person or any member of family dependent on such person is required to render bonded labour shall be void. Every obligation of bonded labourer to repay any bonded debt shall be deemed to have been extinguished. No suit or any other proceeding shall lie in any
Civil Court or any other authority for recovery of any bonded debt. Every decree or order for recovery of bonded debt not fully satisfied
before commencement of the Act shall be deemed to have been fully satisfied. Every attachment for the recovery of bonded debt shall stand vacated. [Any moveable property of boned labourer, if seized and removed form his custody shall be restored to him. Any property possession of which was forcibly taken over by the creditor shall be restored to the possession of the person form whom seized
. Any suit or proceedings of the enforcement of any obligation under the bonded labour system shall stand dismissed. Every bonded labourer who has been detained in Civil Prisons shall be released from detention forthwith. Any property of a bonded labourer under
mortgage, charge, lien or any other encumbrance, if related to public debt shall stand freed and discharged from such mortgage Freed bonded labourer shall not be evicted from the homestead land.
From India, Mumbai
121Bonded labour is prohibited in India by law vide Articles 21 and 23 of the Constitution. A specific law to prohibit the practice was legislated only in 1976 known as the Bonded Labour System(Abolition) Act. With the commencement of the Act the followingconsequences followed: bonded labourers stand freed and discharged from any obligation to render to bonded labour. All
customs, traditions, contracts, agreements or instruments by virtue of
which a person or any member of family dependent on such person is required to render bonded labour shall be void. Every obligation of bonded labourer to repay any bonded debt shall be deemed to have been extinguished. No suit or any other proceeding shall lie in any
Civil Court or any other authority for recovery of any bonded debt. Every decree or order for recovery of bonded debt not fully satisfied
before commencement of the Act shall be deemed to have been fully satisfied. Every attachment for the recovery of bonded debt shall stand vacated. [Any moveable property of boned labourer, if seized and removed form his custody shall be restored to him. Any property possession of which was forcibly taken over by the creditor shall be restored to the possession of the person form whom seized
. Any suit or proceedings of the enforcement of any obligation under the bonded labour system shall stand dismissed. Every bonded labourer who has been detained in Civil Prisons shall be released from detention forthwith. Any property of a bonded labourer under
mortgage, charge, lien or any other encumbrance, if related to public debt shall stand freed and discharged from such mortgage Freed bonded labourer shall not be evicted from the homestead land.
From India, Mumbai
Hi Amrita,
" Employment is at will " and cannot be forced.
Advice your Management positively, not to hold on to any originals of any employees.
They can go in for any Bond or service agreement before the offer is made and at will of the employee
Thanks
Neena
From India
" Employment is at will " and cannot be forced.
Advice your Management positively, not to hold on to any originals of any employees.
They can go in for any Bond or service agreement before the offer is made and at will of the employee
Thanks
Neena
From India
Dear Amrita,
Just just in case you have no other alternative other than submitting your original certificates,
you can always submit the notary attested copies of your certificates,it is as good as original ones and you will have alternative to submitting your original certificate copies.
Since notary attested is legally considered as good as original document,no body can question you on that.
Hope it may help you.
take care
Just just in case you have no other alternative other than submitting your original certificates,
you can always submit the notary attested copies of your certificates,it is as good as original ones and you will have alternative to submitting your original certificate copies.
Since notary attested is legally considered as good as original document,no body can question you on that.
Hope it may help you.
take care
Hello Checkoslovikia,
You seem to have got the situation WRONG.
Amrita is the HR in the company--NOT the Joinee.
@ Amrita--many suggestions have emanated from the members. Pl respond IF any of them 'seem' practical from YOUR perspective--meaning 'would that convince your boss'?
Rgds,
TS
From India, Hyderabad
You seem to have got the situation WRONG.
Amrita is the HR in the company--NOT the Joinee.
@ Amrita--many suggestions have emanated from the members. Pl respond IF any of them 'seem' practical from YOUR perspective--meaning 'would that convince your boss'?
Rgds,
TS
From India, Hyderabad
Due to some integrity issue, some of the companies are withholding their original documents with ithem as a surety.. Is it permissible... Please through a light on this???
Thanks in advance for your guidance.
Thanks!
From India, Faridabad
Thanks in advance for your guidance.
Thanks!
From India, Faridabad
Dear Asif, This has been technically and legally approached and discussed in detail earlier in this string. Please go through them in detail and see if you get your answer.
From India, Mumbai
From India, Mumbai
Dear Seniors,
After going through all the posts, I happen to have this query.
It was quite debate-able to know if or not keeping of original documents legal.
The legal and moral and ethical part of it secondary as to me, as employee, the concern would be -
"How will the company ensure the safety of my documents?"
If for the sake of job holding the company wishes to have my certificates in original, how would the company guarantee its safety in case of theft or fire or other calamities?
Obviously I have spent years to study and earn those certificates and will have to struggle to get duplicate of those for no fault of mine if the company loses it.
Second thing, how can the company ensure me that my certificates will not be misused or anything by any of the employees of the firm?
I recently happend to read a case here itself on citehr and have forgot the attribution. But it mentioned that the HR happend to take the passport in original of some employees and later was found guilty to misuse it.
Thirdly, when it comes to contract and agreement, Please correct me If I am wrong,
But as per my knowledge, a one-sided contract is null and void.
So in order to have a security that I will not run away from the company breaking the bond, if the company is asking me to submit my originals, Should I as well not seek a guarantee that they too would not terminate my employment for the said period?
If the company is allowed to terminate my employment if I am unable to perform to their expectation, Should I also not have the right to resign if the company fails to meet my expectations?
And by holding the documents, a company will stop a fresher to abscond (and they think they have saved money)
But what happens in the case where a person is hired, he submitted documents, signed bond, got training, is working but unable to perform. If you retain him, you are adding to your cost. If you are terminating him, you have anyway wasted the amount in training him. And why would any employee pay for a wrong hire? A wrong hire is the management's mistake to not identify. And if it is not management's mistake, I don't think it is the poor performer's mistake as well. Because we all have our limitations and we cannot just keep up to everyone's expectation.
Please note that I do not intend to provoke any debate or heated discussion but these were the points that came to my mind while going through the whole discussion.
Hope it didn't hurt anyone's feelings, didn't intend to.
From India, Mumbai
After going through all the posts, I happen to have this query.
It was quite debate-able to know if or not keeping of original documents legal.
The legal and moral and ethical part of it secondary as to me, as employee, the concern would be -
"How will the company ensure the safety of my documents?"
If for the sake of job holding the company wishes to have my certificates in original, how would the company guarantee its safety in case of theft or fire or other calamities?
Obviously I have spent years to study and earn those certificates and will have to struggle to get duplicate of those for no fault of mine if the company loses it.
Second thing, how can the company ensure me that my certificates will not be misused or anything by any of the employees of the firm?
I recently happend to read a case here itself on citehr and have forgot the attribution. But it mentioned that the HR happend to take the passport in original of some employees and later was found guilty to misuse it.
Thirdly, when it comes to contract and agreement, Please correct me If I am wrong,
But as per my knowledge, a one-sided contract is null and void.
So in order to have a security that I will not run away from the company breaking the bond, if the company is asking me to submit my originals, Should I as well not seek a guarantee that they too would not terminate my employment for the said period?
If the company is allowed to terminate my employment if I am unable to perform to their expectation, Should I also not have the right to resign if the company fails to meet my expectations?
And by holding the documents, a company will stop a fresher to abscond (and they think they have saved money)
But what happens in the case where a person is hired, he submitted documents, signed bond, got training, is working but unable to perform. If you retain him, you are adding to your cost. If you are terminating him, you have anyway wasted the amount in training him. And why would any employee pay for a wrong hire? A wrong hire is the management's mistake to not identify. And if it is not management's mistake, I don't think it is the poor performer's mistake as well. Because we all have our limitations and we cannot just keep up to everyone's expectation.
Please note that I do not intend to provoke any debate or heated discussion but these were the points that came to my mind while going through the whole discussion.
Hope it didn't hurt anyone's feelings, didn't intend to.
From India, Mumbai
In addition to above post, since I am unable to edit it.
All I wish to say is if the company is expecting us to perform, as employees, we too have some basic expectations.
Holding documents in original do not MOTIVATE an employee to perform. In such case what will happen is out of the obligation of bond and handing over of certificates, employees may drag the tenure. Wait for you to terminate them. But in this case also employee is affected as he has to go out and explain why was he terminated. And no company will say that we failed to motivate him to perform, they would simply said he was a poor performer in his BGV.
From India, Mumbai
All I wish to say is if the company is expecting us to perform, as employees, we too have some basic expectations.
Holding documents in original do not MOTIVATE an employee to perform. In such case what will happen is out of the obligation of bond and handing over of certificates, employees may drag the tenure. Wait for you to terminate them. But in this case also employee is affected as he has to go out and explain why was he terminated. And no company will say that we failed to motivate him to perform, they would simply said he was a poor performer in his BGV.
From India, Mumbai
A VERY thought-provoking posting Ankita Shah......seriously.
Only goes to prove all over again that: THERE'S ALWAYS ANOTHER SIDE TO AN ISSUE.
I hope the members who head the HR function in their respective Organizations respond suitably.
Rgds,
TS
From India, Hyderabad
Only goes to prove all over again that: THERE'S ALWAYS ANOTHER SIDE TO AN ISSUE.
I hope the members who head the HR function in their respective Organizations respond suitably.
Rgds,
TS
From India, Hyderabad
Dear fraternity,
Please discuss deeply regarding this issue, and try to focus the point that, in any unfortunate circumstances (such as fire, steal, office politics) in office where these records kept. If anyone's / more original certificate lost, then the situation would be more difficult compare to the retention of employee.
I hope this point could work and your employer may understand the gravity of the situation.
Regards
Jitendra Parmar
Human Resources,
Dahej, Bharuch
Please discuss deeply regarding this issue, and try to focus the point that, in any unfortunate circumstances (such as fire, steal, office politics) in office where these records kept. If anyone's / more original certificate lost, then the situation would be more difficult compare to the retention of employee.
I hope this point could work and your employer may understand the gravity of the situation.
Regards
Jitendra Parmar
Human Resources,
Dahej, Bharuch
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