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Sasikumar9849
I have been selected to a company as a fresher in the role of embedded systems engineer they said first four months you will be in probation period and you will get 2000 stipend after 4 months you will be deployed into project then your salary will start the salary will be 3 lpa 22400 per month they said and they took my original documents of my ssc,diploma, btech marksheet and pc and they took a cheque of 1 lakh from me and they said you have 2 years bond here if you break the bond we will use this cheque to take money from me and I gave them these things.After 4 months nothing happened and they deployed us in client location after 6 months of joining then in the client company also we didn't deployed into project and they didn't paid me they only paid a stipend of 15000 three months I have been asking them about the salary of 22000 every month but every month they said you will get next month but I didn't get full salary. These 15000 stipend also they didn't paid me at the crct time they will give only at the half of the next month. Because of salary issue I choose to switch the company and I got another job using this company experience. Now this company is asking me to pay 1,45000 to leave the company as 100000 is bond and 45000 is the stipend I got for three months they said you pay 145000 and take your certificates and all and go otherwise we don't give your certificates and experience of the company.But my new company is asking relieving letter for the background verification. They are not giving my certificates and also the experience.they are saying to pay money .But as they didn't fulfilled what they mentioned in offer letter salary and project I am asking them why should I pay money as they are not giving full salary and didn't deployed us in project even after 10 months of joining so I decided to left the company.
My questions are
1.How do I get my certificates and experience from them.
2.Is it possible to the company to keep my certificates with them
3. Some are saying if I go legally I will get certificates can I get relieving and experience letter from them because these are must and should for my new company
4.if I go legally against them will it be a black mark to my career in the future because their review will be negative if I go legally?
5.what is the best solution for the issue someone please help me to get out of this ?
6. If I go legally will be there be any problem for me in the labour office or in the future of my career
7. Someone are saying if we legally we need to pay the training fee as they trained us .Is it true?

Some one please help me to get out of the issue as I am a fresher I don't have any idea of this please help me to get out of this

From India, Bengaluru
Madhu.T.K
4222

The company you are talking about is a fraud company. No employer has been given any right to posess the original certificates of the employees. Not only the company has violated the labour laws in force but has done lot of illegality by collecting cheques, bonding employees to work without raising any question against them. Therefore, the only remedy is to approach the Police Station and file a complaint against the company for illegal possession of your certificates, demanding money for release of certificates etc. You can also go to the Labour Officer but his intervention will be on limited areas but you will get the result if a good Police Officer intervenes in it. You should also expose the company so that no one else will be cheated like this.
From India, Kannur
Sasikumar9849
Thank you for your reply but I need experience from that company if i go police station and file a complaint against them can I get my experience and relieving letter back that is the issue .Can you please tell me will we get that
From India, Bengaluru
Madhu.T.K
4222

I don't know if the Police in your state will get it for you. If you want both your educational certificates and the service certificate from the company, you should wait till the Labour Department will send a show cause notice, conduct an inspection and find irregularities etc. Then also, you cannot ensure that the employer would give you a clean certificate. After all it is a matter of 10 months' period. If they have not given you EPF, then there would be no evidence of your working in that company. Even if you don't show it as an experience, nothing will happen.

If you are worried about the background verification, then the only possible way out is to expose the company in the social media through lawful intervention. You have a vlid ground to fight, that is detaining your academic certificates which is a crime, and non payment of salary, and also demanding ransom money (this is actually threatening, harassment and just like demanding ransom money)

You cannot have the cake and eat it. You should decide, whether to fight or amicably settle. I don't advise you that you should fight. But this employer is very unethical and is playing smart. I don't support such companies. Now, if you can settle the matter amicably, then go ahead. But a company which collects the original certificates from the employees, collects cheque from the employee, should not be depended on, they will harm to you. Therefore, expose the company. let the public know what is goining on there, let the HR fraternity isolate the HR person in that company.

From India, Kannur
kccpl.hr1@gmail.com
My Question is what are the terms and condition is bond are you reviewed? Then how your singed in Bond?
From India, Bengaluru
Madhu.T.K
4222

A bond signed by an employee cannot be taken as an evidence to show that the employee has accepted the bond conditions. There are lot of court verdicts which say that employee is at a very low bargaining capacity when he is accepting an offer. Therefore, what an employer cannot do should not be put on the heads of employees.
From India, Kannur
Sasikumar9849
I didn't signed any bond I signed on a cheque which written as 1 lakh rupees they kept that with them they said if we leave the company before two years we will cash this cheque otherwise after two years they will return back the cheque they said.But now they are asking 150000 that 50000 is the stipend of ours which they gave us for 3 months they are asking our salary also back now.
If I want to solve this politely also he is not ready to listen to my problems he is telling I will give you full salary from next month otherwise you pay 150000 and Nothing else he is discussing.

From India, Bengaluru
Madhu.T.K
4222

He will not listen to you if you approach directly. If you have any person who can influence him, you can take his assistance. If not, the best choice is to escalate the matter to law and order authorities. This is ridiculous, and no employer should do like this. Therefore, I only advise that you should take the help of either labour authorities or the Police. The latter will give you result. Again, I am not sure if the Police in your place will take it seriously, but as I experience in Kerala, the Police Station is the Labour Court, High Court and the Supreme Court for a common man. Again, in your case, since the employer has detained your certificates, a criminal offence is committed by the employer. Therefore, filing a criminal case against the employer is the best option. To start with, you can send a legal notice through an advocate. You can decide, either directly go to the Police and file an FIR or sending a legal notice through an advocate.
From India, Kannur
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