guys
i am planning to apply for my duplicate educational certificates as i had submitted all my original educational certificate to my employer and signed a bond. Now that i have breaked the bond and my employer is not willing to release the certificae, i am planning to apply for duplicate certificate.
what shuld i mention in the complaint so that i dont run into any legal issues. i am sure somebody would have followed this path already.
experts please advise
rk
From United States, Irving
i am planning to apply for my duplicate educational certificates as i had submitted all my original educational certificate to my employer and signed a bond. Now that i have breaked the bond and my employer is not willing to release the certificae, i am planning to apply for duplicate certificate.
what shuld i mention in the complaint so that i dont run into any legal issues. i am sure somebody would have followed this path already.
experts please advise
rk
From United States, Irving
Hai RK,
Actually a private employer would have limited rights upon the restrictions on employees. So, ones go through the norms, terms and conditions. Have a look on general legal conditions related to employment. The companies who didn't spend on the employee in any kind apart from the salary, doesn't have complete legal rights on the employee to retain his certificates etc.
So, ones consult a legal advisor with all related documentation, so that you need not apply for duplicate certificates.
Good luck...
Thanks & regards
CRK
From India, Vijayawada
44Actually a private employer would have limited rights upon the restrictions on employees. So, ones go through the norms, terms and conditions. Have a look on general legal conditions related to employment. The companies who didn't spend on the employee in any kind apart from the salary, doesn't have complete legal rights on the employee to retain his certificates etc.
So, ones consult a legal advisor with all related documentation, so that you need not apply for duplicate certificates.
Good luck...
Thanks & regards
CRK
From India, Vijayawada
Dear RK,
I agree with CRK. Any employer may not have a right to keep your original certificates. But what are the conditions of the bond which you have not complied with? on this you need to take a legal openion. On one hand salary is paid for the work done and you may not be required to pay back the salary. But if the employer has invested on your training/deputation/further education etc. you may have to refund the same as per the clause/s of the agreement that you have signed. Take a legal openion. You can not be cheated or forced to do anything against your will but you can be asked to keep your word.
From India
I agree with CRK. Any employer may not have a right to keep your original certificates. But what are the conditions of the bond which you have not complied with? on this you need to take a legal openion. On one hand salary is paid for the work done and you may not be required to pay back the salary. But if the employer has invested on your training/deputation/further education etc. you may have to refund the same as per the clause/s of the agreement that you have signed. Take a legal openion. You can not be cheated or forced to do anything against your will but you can be asked to keep your word.
From India
Guys
there was no formal agreement signed in a bond paper. Everything was in the letter head and it states, you need tobe working with us for a min. period of 2 years if you are not, then you need to pay 3 lakhs. This is the only clause and it was in the company letter head only. Only mistake i did is to surrender my original educational certificates. But i have a acknowledgement from the company letter head about this.
pls. advise guys.
RK
From United States, Irving
there was no formal agreement signed in a bond paper. Everything was in the letter head and it states, you need tobe working with us for a min. period of 2 years if you are not, then you need to pay 3 lakhs. This is the only clause and it was in the company letter head only. Only mistake i did is to surrender my original educational certificates. But i have a acknowledgement from the company letter head about this.
pls. advise guys.
RK
From United States, Irving
Dear R.K.,
Your certificates and testimonials are your personal property and your company does not have any right to retain your certificates. You can ask for the same even through legal notice, and if needed through legal action also.
Although I am of the view that any bond should be on a stamp paper, but for the purpose, whether an informal bond on a company's letter head is valid or not, I would suggest you to take advice from some civil law advocate and act accordingly. It may also be possible that at some other date your company would have attached a stamp paper along with your bond on letter head just to fulfill the legal requirement. If you have not put the date with your signature then your employer would have manipulated the bond document also by attaching a stamp paper at some later date after signing of the bond. You may need to check all these things.
If a legal expert says that the informal bond does not have any value, you can ask the employer to claim the bond amount through court of law by filing a case against you. I am sure he won't be able to prove validity of the bond, or to justify any such loss to the extent of the bond amount. BUT, if a legal expert confirms the validity of the bond, you may have to pay the agreed amount to your company. But for future please take a lesson, neither you should part with your certificates and testimonials, nor should sign any such unethical bond. Better you avoid such companies which play such type of bad tactics.
If you still need to apply for duplicate certificates, you may have to falsely show the certificate folder to have been misplaced somewhere during traveling, etc., and lodge an FIR with Police to that effect. Attach copy of the FIR with each of your application for duplicate certificate. Duplicate certificates cannot be issued without any solid reason.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Your certificates and testimonials are your personal property and your company does not have any right to retain your certificates. You can ask for the same even through legal notice, and if needed through legal action also.
Although I am of the view that any bond should be on a stamp paper, but for the purpose, whether an informal bond on a company's letter head is valid or not, I would suggest you to take advice from some civil law advocate and act accordingly. It may also be possible that at some other date your company would have attached a stamp paper along with your bond on letter head just to fulfill the legal requirement. If you have not put the date with your signature then your employer would have manipulated the bond document also by attaching a stamp paper at some later date after signing of the bond. You may need to check all these things.
If a legal expert says that the informal bond does not have any value, you can ask the employer to claim the bond amount through court of law by filing a case against you. I am sure he won't be able to prove validity of the bond, or to justify any such loss to the extent of the bond amount. BUT, if a legal expert confirms the validity of the bond, you may have to pay the agreed amount to your company. But for future please take a lesson, neither you should part with your certificates and testimonials, nor should sign any such unethical bond. Better you avoid such companies which play such type of bad tactics.
If you still need to apply for duplicate certificates, you may have to falsely show the certificate folder to have been misplaced somewhere during traveling, etc., and lodge an FIR with Police to that effect. Attach copy of the FIR with each of your application for duplicate certificate. Duplicate certificates cannot be issued without any solid reason.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Hi,
I agree with Mr. Dhingra's comments here. no company can keep your original documents at ransome if you fail to respect a bond. By the which kind of a company keeps original documents? please understand.. these small time companies do all these gimmicks to keep people with them.. NO COMPANY IS SUPPOSE TO KEEP YOUR ORIGINAL DOCUMENTS IN THEIR RECORDS. so you can ask them to give it back if they dont.. file a legal complaint.
Secondly if you have broken the bond, you shall be liable to pay them back in monetory terms or so.. please read the bond carefully for these fine lines and do as suggested to be out of any legal hassle.
while you can file a case on them for holding back your original documents they too can file a complain on you for not honoring the bond.. so be careful and take the advise of a legal practioner before you take any step.
All the best..
let us know what you decide to do :)
Amrita
From China
I agree with Mr. Dhingra's comments here. no company can keep your original documents at ransome if you fail to respect a bond. By the which kind of a company keeps original documents? please understand.. these small time companies do all these gimmicks to keep people with them.. NO COMPANY IS SUPPOSE TO KEEP YOUR ORIGINAL DOCUMENTS IN THEIR RECORDS. so you can ask them to give it back if they dont.. file a legal complaint.
Secondly if you have broken the bond, you shall be liable to pay them back in monetory terms or so.. please read the bond carefully for these fine lines and do as suggested to be out of any legal hassle.
while you can file a case on them for holding back your original documents they too can file a complain on you for not honoring the bond.. so be careful and take the advise of a legal practioner before you take any step.
All the best..
let us know what you decide to do :)
Amrita
From China
Dear Friend,
The retention of your certificate by your employer gives me indication that your contributions to the company's progress is great. Instead of struggling to collect your certificate, ask for better salary, better conditions of service, and promotions. You aare likely to succeed getting a good deal.
SIMON BORIBAH
From Ghana
The retention of your certificate by your employer gives me indication that your contributions to the company's progress is great. Instead of struggling to collect your certificate, ask for better salary, better conditions of service, and promotions. You aare likely to succeed getting a good deal.
SIMON BORIBAH
From Ghana
Best thing is to get in touch with an advocate who is trust worthy and do the needful. many members have given valid suggestions and shared their experiences. Stop discussing this and get going to the lawyers office. IT Really helps. If you feel insecure after talking to that advocate (my experience is it generally happens in 1 out of 3 cases) send me a private message and I can help you.
From India
From India
guys
thanks to every one for the valuable guidance.
Before i go and consult a advocate, is there is some govt. department like labour officer to whom i can complaint about the harrassment. What is the authority/power the government officials have over these type of companies.
RK
From United States, Irving
thanks to every one for the valuable guidance.
Before i go and consult a advocate, is there is some govt. department like labour officer to whom i can complaint about the harrassment. What is the authority/power the government officials have over these type of companies.
RK
From United States, Irving
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