Good Morning All,
Our company is a manufacturing company, and these days I am finding it difficult as employees are just absconding. Some members of the management team have advised me to collect original certificates and store them safely for a period of 3 years as per our company policy.
Now, my concern or doubt is: can an employee take legal action if, unfortunately, a certificate goes missing or if, after some time, they demand their certificate back and we refuse?
Regards, Vidya
From India, Bangalore
Acknowledge(0)
Amend(0)
Our company is a manufacturing company, and these days I am finding it difficult as employees are just absconding. Some members of the management team have advised me to collect original certificates and store them safely for a period of 3 years as per our company policy.
Now, my concern or doubt is: can an employee take legal action if, unfortunately, a certificate goes missing or if, after some time, they demand their certificate back and we refuse?
Regards, Vidya
From India, Bangalore
Acknowledge(0)Amend(0)
Hi,
I would like to suggest that you keep the originals for a short-term basis until the documents get verified by the issuing authority. Please keep the xerox copy with you with proper assistance from the concerned authority. Keeping the original documents with you is quite risky, so it would be better to adopt the same.
From India, Nagpur
Acknowledge(0)Amend(0)
25I would like to suggest that you keep the originals for a short-term basis until the documents get verified by the issuing authority. Please keep the xerox copy with you with proper assistance from the concerned authority. Keeping the original documents with you is quite risky, so it would be better to adopt the same.
From India, Nagpur
Acknowledge(0)Amend(0)
Hi Vidya,
I don't think there would be any legal implication on keeping the original as I know some companies are already doing this. But you need to ensure that documents should be kept safe. Only for verification, you can keep it, and that can be for two months only as this time would be enough to prove the authenticity of the letter.
Hope this resolves your question.
Regards,
Shweta
From India, Coimbatore
Acknowledge(0)Amend(0)
I don't think there would be any legal implication on keeping the original as I know some companies are already doing this. But you need to ensure that documents should be kept safe. Only for verification, you can keep it, and that can be for two months only as this time would be enough to prove the authenticity of the letter.
Hope this resolves your question.
Regards,
Shweta
From India, Coimbatore
Acknowledge(0)Amend(0)
Holding the original certificates is not a crime. However, not returning the originals in time will definitely attract legal action. Some employees may claim huge amounts, citing the reason that due to the non-return of the original certificate, he/she lost certain opportunities and hence should be compensated.
Therefore, it is not advisable to keep the original certificates of an employee. To achieve your goal, you may withhold some amount from the CTC (stating it as an incentive to be paid at year-end or so).
From India, Hyderabad
Acknowledge(0)Amend(0)
Therefore, it is not advisable to keep the original certificates of an employee. To achieve your goal, you may withhold some amount from the CTC (stating it as an incentive to be paid at year-end or so).
From India, Hyderabad
Acknowledge(0)Amend(0)
If you get into legalities, to the best of my knowledge, no company has the right to take the original certificates of any candidate. This means the company is binding an employee in an indirect manner. Even if you consult any labor consultant, he/she will say the same.
Anyways, good luck.
From India, Hyderabad
Acknowledge(0)Amend(0)
Anyways, good luck.
From India, Hyderabad
Acknowledge(0)Amend(0)
Thank you all, i would take up the advice of Mr. parasurampur & also totally agree with Mr. Shravanskumar that as per law we cannot bond the employee after certain period of time. Regards Vidya
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Hi, it is not advisable to keep originals with the HR department. Even a company cannot make a policy on this (keeping originals). It can be short time for verification purposes. It's nothing but forced labor.
Regards,
Sudhi
From India, Bangalore
Acknowledge(0)Amend(0)
Regards,
Sudhi
From India, Bangalore
Acknowledge(0)Amend(0)
Dear,
The question is "Original certificates, except for comparison, cannot be retained. It is like someone holding a property that does not belong to him. You may get into legal issues if you openly claim as you are doing it.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
Acknowledge(0)Amend(0)
The question is "Original certificates, except for comparison, cannot be retained. It is like someone holding a property that does not belong to him. You may get into legal issues if you openly claim as you are doing it.
With Regards,
V. Sounder Rajan
E-mail: rajanassociates@eth.net
From India, Bangalore
Acknowledge(0)Amend(0)
Well, you must have read the establishment and labor-related articles as well. If not, you can go through some on your own. It is really wrongdoings by the company or its management. Is it like in the British Era? It sounds like you are taking people for granted and making them your slaves. Just think and imagine yourself, what is your opinion about it. Other people have already replied to your query, so think about yourself.
Regards,
Dilip
Bangalore
Acknowledge(0)Amend(0)
Regards,
Dilip
Bangalore
Acknowledge(0)Amend(0)
Dear,
It is not legal to take the original documents of an employee. The company's policy is wrong. If you take their original documents for three years and suppose you leave the company, then who is responsible for taking care of the original documents of the employee if their documents are lost by the company after you have left the job? If the company claims that you lost the original documents while on duty, what will happen to you? A FIR may be filed against you.
So, please do not engage in bad practices.
Thanks,
Subodh
From India, Delhi
Acknowledge(0)Amend(0)
It is not legal to take the original documents of an employee. The company's policy is wrong. If you take their original documents for three years and suppose you leave the company, then who is responsible for taking care of the original documents of the employee if their documents are lost by the company after you have left the job? If the company claims that you lost the original documents while on duty, what will happen to you? A FIR may be filed against you.
So, please do not engage in bad practices.
Thanks,
Subodh
From India, Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Employee-retent ion-plan_1__185 .pdf
Effective employee retention strategies-BPO. doc