Is it necessary for an employee to submit original qualification proof during joining in any organization? Is there any court case notification on the above? If any, kindly provide me with such notification.
Regards,
Arun Gautam
Manager - HR (From a leading media group)
From India, Chandigarh
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Regards,
Arun Gautam
Manager - HR (From a leading media group)
From India, Chandigarh
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Dear Arun,
You can ask for original certificates along with a photocopy of the complete original certificates at the time of joining the organization. However, after verifying the photocopy with the original certificates, the original certificates must be returned to the concerned candidate. If you need to get the same verified by some other authorities, it should be returned to the employee immediately without any delay. When returning the certificate, you can take a receipt for returning the original documents from the employee.
From India, Kumbakonam
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1189You can ask for original certificates along with a photocopy of the complete original certificates at the time of joining the organization. However, after verifying the photocopy with the original certificates, the original certificates must be returned to the concerned candidate. If you need to get the same verified by some other authorities, it should be returned to the employee immediately without any delay. When returning the certificate, you can take a receipt for returning the original documents from the employee.
From India, Kumbakonam
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Taking original certificates from employees and holding them is neither an ethical practice nor legal. Original documents are required only to scrutinize them and keep an attested photocopy for the official record.
Holding back any original documents by the employer violates the fundamental rights of the employee. Article 19 of the Constitution of India gives fundamental rights to every Indian to pursue their own career or business, and no one can infringe it. By retaining your original documents, the employer is violating this fundamental right of the employee.
Holding back any original document is also an offense under Section 368 of the Indian Penal Code.
There is also a Honorable Supreme Court ruling that "the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same."
In one of its judgments, a court termed such illegal actions by the employer as 'ECONOMIC TERRORISM.'
Even if there is a clause in the employment contract (Appointment letter) that the employer would retain the original documents of the employee, such a clause will be declared illegal under Section 23 of the Indian Contract Act, which governs all types of employment contracts.
Such negative and restrictive covenants in the employment contracts amount to bonded labor system, which is prohibited in our country and is totally against the basic principles of our Constitution.
We, all HR professionals, need to educate ourselves and make the employers understand the importance of human resources in the true sense.
From India, Pune
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Holding back any original documents by the employer violates the fundamental rights of the employee. Article 19 of the Constitution of India gives fundamental rights to every Indian to pursue their own career or business, and no one can infringe it. By retaining your original documents, the employer is violating this fundamental right of the employee.
Holding back any original document is also an offense under Section 368 of the Indian Penal Code.
There is also a Honorable Supreme Court ruling that "the employer cannot hold back any personal document of the employees as they are earned by the employees and the company has no claim on the same."
In one of its judgments, a court termed such illegal actions by the employer as 'ECONOMIC TERRORISM.'
Even if there is a clause in the employment contract (Appointment letter) that the employer would retain the original documents of the employee, such a clause will be declared illegal under Section 23 of the Indian Contract Act, which governs all types of employment contracts.
Such negative and restrictive covenants in the employment contracts amount to bonded labor system, which is prohibited in our country and is totally against the basic principles of our Constitution.
We, all HR professionals, need to educate ourselves and make the employers understand the importance of human resources in the true sense.
From India, Pune
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Hello seniors,
My ex-employer has not returned the original degree certificate for the past one and a half years, and I do not have a written acknowledgment for it either. Nowadays, it has become a practice to collect the original certificate from the employee. Kindly give your valuable suggestions on how to get my certificate back.
Regards,
Iyer.
From India, Madras
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My ex-employer has not returned the original degree certificate for the past one and a half years, and I do not have a written acknowledgment for it either. Nowadays, it has become a practice to collect the original certificate from the employee. Kindly give your valuable suggestions on how to get my certificate back.
Regards,
Iyer.
From India, Madras
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Dear Iyer,
What has happened to you is just horrible and a perfect example of 'economic terrorism.' You should send a registered letter with acknowledgment to your ex-employer requesting them to return the original certificate lying with them. If you do not receive a proper reply within a reasonable time, then send a legal notice to your ex-employer. If you still do not get a proper reply, it is better to file an FIR with the police.
Your employer has committed a serious offense and must face the consequences.
From India, Pune
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What has happened to you is just horrible and a perfect example of 'economic terrorism.' You should send a registered letter with acknowledgment to your ex-employer requesting them to return the original certificate lying with them. If you do not receive a proper reply within a reasonable time, then send a legal notice to your ex-employer. If you still do not get a proper reply, it is better to file an FIR with the police.
Your employer has committed a serious offense and must face the consequences.
From India, Pune
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