My company is harassing me and not returning my original marksheets. When I ask them to return it to me, they want me to resign and pay the amount of training.
Their reply:
"As we discussed, if you want your documents soon, then you have to give your resignation. Only after that, we can access the request for your documents and will give it to you within 2 weeks after your resignation. Else, you have to wait until the completion of your bond period ends, or we can provide you with the scanned copies in 1-2 weeks."
If I resign according to the appointment letter, they will demand one lakh rupees. Now I am in a fix, what should I do? Can I do something? Please help me out! I am depressed!
From India, New Delhi
Their reply:
"As we discussed, if you want your documents soon, then you have to give your resignation. Only after that, we can access the request for your documents and will give it to you within 2 weeks after your resignation. Else, you have to wait until the completion of your bond period ends, or we can provide you with the scanned copies in 1-2 weeks."
If I resign according to the appointment letter, they will demand one lakh rupees. Now I am in a fix, what should I do? Can I do something? Please help me out! I am depressed!
From India, New Delhi
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They are not supposed to keep your documents. It's an illegal act. Since they have sent you an email, write to them that you have no intention to resign and also that keeping your documents is an illegal act and hence to return the same.
From United+States, San+Francisco
13From United+States, San+Francisco
Hello there,
It seems you have submitted your document on mutual consent. Have you signed any agreement on this? If yes, we have to check the possibility of getting the documents legally.
Regards,
Nijanthan C
From India, Chennai
It seems you have submitted your document on mutual consent. Have you signed any agreement on this? If yes, we have to check the possibility of getting the documents legally.
Regards,
Nijanthan C
From India, Chennai
Dear,
If you have signed any agreement, you are supposed to have a copy of the same. If you have it, kindly go through it or seek advice from a lawyer. Don't get depressed; the issue can be resolved with effective communication only.
From India, Mumbai
If you have signed any agreement, you are supposed to have a copy of the same. If you have it, kindly go through it or seek advice from a lawyer. Don't get depressed; the issue can be resolved with effective communication only.
From India, Mumbai
Dear Mr. [Last Name],
If the details provided by you are correct, please note the following:
Don't give original certificates to any employer. If they want to verify, accompany the company representative at their expense and verify directly with the university by endorsing a copy.
There are a few unscrupulous employers who are worth less than zero; they aim to exploit talented students.
If you have signed an agreement stating a refund of Rs. 1 lakh within the bond period, it is your error.
Senior HR professionals, please share your opinions on my views.
Regards
From India, Hyderabad
If the details provided by you are correct, please note the following:
Don't give original certificates to any employer. If they want to verify, accompany the company representative at their expense and verify directly with the university by endorsing a copy.
There are a few unscrupulous employers who are worth less than zero; they aim to exploit talented students.
If you have signed an agreement stating a refund of Rs. 1 lakh within the bond period, it is your error.
Senior HR professionals, please share your opinions on my views.
Regards
From India, Hyderabad
Gentleman,
When you did not have a job, the company where you are working provided you with employment with the intention that you will serve them for the mutually agreed minimum bond period. They are not running a training institute where they provide training to employees for the benefit of other organizations. If you secure better employment elsewhere, it may be because of the grace of this organization where training was imparted. Therefore, just consider what you are doing is right or wrong. If you feel you are right, no one will stop you from leaving the job.
Regarding the marksheets or certificates, you can apply for duplicates from the institute and/or the university. These are easily available by simply lodging a complaint at the nearest Police Station in your area stating that you have lost them while traveling (e.g., your bag was stolen, which contained your marksheets/certificates). No company will deny you a job because you hold duplicate marksheets/certificates.
Alternatively, if you have an acknowledged copy of your marksheets/certificates from your employer and have decided to quit the job, make a written complaint to the Police Station in the area where your office is located, along with a photocopy of the acknowledgment. You will get your certificates back as they legally cannot keep your marksheets/certificates or any government documents in their custody. Additionally, they cannot prevent you from leaving the services as you are not a bonded laborer, but you may have to pay the training costs incurred by the company on you.
Lastly, you have mentioned that you are depressed. This is not true. My conclusion is that you may be getting better opportunities elsewhere and do not want to lose your marksheets or pay the bond amount. Once you have your marksheets in hand, you are free to leave without any issues.
Best of luck,
Suresh
From India, Thane
When you did not have a job, the company where you are working provided you with employment with the intention that you will serve them for the mutually agreed minimum bond period. They are not running a training institute where they provide training to employees for the benefit of other organizations. If you secure better employment elsewhere, it may be because of the grace of this organization where training was imparted. Therefore, just consider what you are doing is right or wrong. If you feel you are right, no one will stop you from leaving the job.
Regarding the marksheets or certificates, you can apply for duplicates from the institute and/or the university. These are easily available by simply lodging a complaint at the nearest Police Station in your area stating that you have lost them while traveling (e.g., your bag was stolen, which contained your marksheets/certificates). No company will deny you a job because you hold duplicate marksheets/certificates.
Alternatively, if you have an acknowledged copy of your marksheets/certificates from your employer and have decided to quit the job, make a written complaint to the Police Station in the area where your office is located, along with a photocopy of the acknowledgment. You will get your certificates back as they legally cannot keep your marksheets/certificates or any government documents in their custody. Additionally, they cannot prevent you from leaving the services as you are not a bonded laborer, but you may have to pay the training costs incurred by the company on you.
Lastly, you have mentioned that you are depressed. This is not true. My conclusion is that you may be getting better opportunities elsewhere and do not want to lose your marksheets or pay the bond amount. Once you have your marksheets in hand, you are free to leave without any issues.
Best of luck,
Suresh
From India, Thane
Dear all,
I am not planning to leave the company; they are forcing me to. The company is good with an awesome work culture. I need my documents for various reasons. I am not even planning to abscond.
It's just that my appointment letter doesn't have any clause stating that I am giving it as security; instead, it clearly states that I am giving it to them for verification. Can anyone help me so that I can retrieve my documents without risking my job and refrain from labeling the situation as nonsense?
From India, New Delhi
I am not planning to leave the company; they are forcing me to. The company is good with an awesome work culture. I need my documents for various reasons. I am not even planning to abscond.
It's just that my appointment letter doesn't have any clause stating that I am giving it as security; instead, it clearly states that I am giving it to them for verification. Can anyone help me so that I can retrieve my documents without risking my job and refrain from labeling the situation as nonsense?
From India, New Delhi
You have just mentioned that the company has taken your original marksheets for verification and not returning them to you now.
You have to clearly mention your date of joining, designation, full details of the service bond you signed, tenure of the contract/bond, and whether proportionate deduction is allowed for liquidated damages (shortfall period) or you have to serve for the entire bond period.
You have not mentioned the cause why the management is asking you to resign. Are you not a good performer? Are you taking excess leave or are you a habitual latecomer?
If you are a good performer and regular in your attendance, you need not worry. Do not resign; ask your employer to terminate your service so that they will not impose the bond amount and recover the same from you. There are organizations that include recovery clauses even for termination; what do your bond/agreement state? You also do not have proof for the submission of marksheets to your company. However, if the company has taken certificates/marksheets from other employees as well, you can jointly lodge a complaint at the police station within the jurisdiction of your office premises.
If you explain the above in detail, members may be in a position to provide you with proper guidance.
Lastly, I am extremely sorry if your feelings are hurt. But whatever I have stated is my personal experience, and I have seen hundreds of such candidates who have adopted these tactics, taken the certificates back, and vanished. (Of course, we used to give acknowledgment for each and every certificate/marksheet and the same used to be returned on completion of the service agreement without a reminder).
Regards,
Suresh
From India, Thane
You have to clearly mention your date of joining, designation, full details of the service bond you signed, tenure of the contract/bond, and whether proportionate deduction is allowed for liquidated damages (shortfall period) or you have to serve for the entire bond period.
You have not mentioned the cause why the management is asking you to resign. Are you not a good performer? Are you taking excess leave or are you a habitual latecomer?
If you are a good performer and regular in your attendance, you need not worry. Do not resign; ask your employer to terminate your service so that they will not impose the bond amount and recover the same from you. There are organizations that include recovery clauses even for termination; what do your bond/agreement state? You also do not have proof for the submission of marksheets to your company. However, if the company has taken certificates/marksheets from other employees as well, you can jointly lodge a complaint at the police station within the jurisdiction of your office premises.
If you explain the above in detail, members may be in a position to provide you with proper guidance.
Lastly, I am extremely sorry if your feelings are hurt. But whatever I have stated is my personal experience, and I have seen hundreds of such candidates who have adopted these tactics, taken the certificates back, and vanished. (Of course, we used to give acknowledgment for each and every certificate/marksheet and the same used to be returned on completion of the service agreement without a reminder).
Regards,
Suresh
From India, Thane
Dear the document you signed is it legal you read properly or not if you have any copy of bond plz send in pdf.
From India, Chandigarh
From India, Chandigarh
Withholding the original certificates of employees is an unethical practice followed by certain employers. There is a bond and above that retaining the originals is yet another security for those companies. Legally, this practice cannot be supported. However, you have to act tactfully to retrieve your certificates without risking your job.
From India, Bangalore
From India, Bangalore
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