Hi Sir, I am Shiva from Karnataka. My mark cards are kept in the company, and I did not serve the notice period. Now, they are asking for an amount of 45000. I can't pay that much. Is there any way I can get my mark cards, sir? Please tell me. I am helpless. My SSLC, PUC, degree, and PG original mark cards are all in the head office of XYZ company. Can I get them without paying money?
From India
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From India
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Dear friend,
Documents pertaining to academic qualifications of an employee can be called for by an employer for verification purposes only and should be returned as soon as the verification process is over. Keeping them as collateral for other things is illegal.
Regarding the issue of your failure to serve the notice period, it is certainly a breach of the contract of employment on your part. Either you should serve the notice period already stipulated or exercise the buy-out option in case of any emergency beyond your control.
We are unable to comment on the demand of the employer requiring you to pay a specified sum of Rs. 45,000/= without knowing the terms of the contract of employment or the nature and duration of training, if any, imparted to you soon after your appointment and the probable value of the investment made by your employer on this.
From India, Salem
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6108Documents pertaining to academic qualifications of an employee can be called for by an employer for verification purposes only and should be returned as soon as the verification process is over. Keeping them as collateral for other things is illegal.
Regarding the issue of your failure to serve the notice period, it is certainly a breach of the contract of employment on your part. Either you should serve the notice period already stipulated or exercise the buy-out option in case of any emergency beyond your control.
We are unable to comment on the demand of the employer requiring you to pay a specified sum of Rs. 45,000/= without knowing the terms of the contract of employment or the nature and duration of training, if any, imparted to you soon after your appointment and the probable value of the investment made by your employer on this.
From India, Salem
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There are two major points in this query.
1) Retention of original documents: this is illegal, and the company can be legally proceeded against for retaining property without the consent of the owner.
2) Violation of notice period: as per his employment contract, there may have been a specified notice period that has been admittedly breached. The company is within its rights to seek the amount stipulated in the contract/appointment letter.
The ex-employee needs to go across, meet with HR and bosses, and see how best to sort out the issue in as amicable a fashion.
From India, Pune
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1) Retention of original documents: this is illegal, and the company can be legally proceeded against for retaining property without the consent of the owner.
2) Violation of notice period: as per his employment contract, there may have been a specified notice period that has been admittedly breached. The company is within its rights to seek the amount stipulated in the contract/appointment letter.
The ex-employee needs to go across, meet with HR and bosses, and see how best to sort out the issue in as amicable a fashion.
From India, Pune
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The employer is not entitled to withhold the certificates in lieu of the notice pay. Withholding of certificates amounts to extortion. The law offers remedies, but how far an employee is in a position to pursue those remedies against the ex-employer.
Perhaps, you can bring the matter to the notice of a senior functionary of the Police such as the SP of the District or the Executive Magistrate. The matter could also be taken up with the Adalats functioning under the Legal Services Authority.
From India, Kochi
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Perhaps, you can bring the matter to the notice of a senior functionary of the Police such as the SP of the District or the Executive Magistrate. The matter could also be taken up with the Adalats functioning under the Legal Services Authority.
From India, Kochi
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Dear friend,
No employer can withhold academic testimonials for the sake of employment. It is your fault for not collecting the testimonials after verification. Do you have proof that the testimonials are being held by your employer for employment purposes? You should ask your lawyer to send a notice requesting the return of your testimonials within 7 days of receiving the notice. Otherwise, a civil suit will be filed for the same. The court will determine the fate of the testimonials and the amount of notice pay for your violation of the terms of your appointment.
From India, Mumbai
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No employer can withhold academic testimonials for the sake of employment. It is your fault for not collecting the testimonials after verification. Do you have proof that the testimonials are being held by your employer for employment purposes? You should ask your lawyer to send a notice requesting the return of your testimonials within 7 days of receiving the notice. Otherwise, a civil suit will be filed for the same. The court will determine the fate of the testimonials and the amount of notice pay for your violation of the terms of your appointment.
From India, Mumbai
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Hi,
First and foremost, do not be confrontational with anyone, especially your employers. It is your responsibility to serve the notice period and properly hand over the responsibilities as expected from an employee. Check the duration as per the employment letter and try to buy out or settle the issue by payment of some amount. What is reasonable depends on your salary and how it has affected the employer on your abrupt departure.
As for the withholding of your academic certificates, it is not legal and not permissible, as already stated by the learned friends in this forum. Once you settle the first point, ask for the certificate, which I am sure they too know is illegal to retain and has to be handed over to you upon verification itself. Going legal, though a remedy, has to be the last resort.
Thanks and Regards
From India, Hyderabad
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First and foremost, do not be confrontational with anyone, especially your employers. It is your responsibility to serve the notice period and properly hand over the responsibilities as expected from an employee. Check the duration as per the employment letter and try to buy out or settle the issue by payment of some amount. What is reasonable depends on your salary and how it has affected the employer on your abrupt departure.
As for the withholding of your academic certificates, it is not legal and not permissible, as already stated by the learned friends in this forum. Once you settle the first point, ask for the certificate, which I am sure they too know is illegal to retain and has to be handed over to you upon verification itself. Going legal, though a remedy, has to be the last resort.
Thanks and Regards
From India, Hyderabad
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Hi Shivu,
Getting a mark sheet is not a big problem; you can obtain one and many from the Board for a nominal fee. Not serving the notice period can result in costs and consequences. It appears that you are a beginner and have not considered the adverse impacts. Any mistake like this of your own will require you to explain every time you face an interview or join a new employer.
You need to have an experience certificate from here, which is a document of great importance and holds value not less than a mark sheet. Your present employer can legally take action against you, and you will be liable to pay the amount along with costs. Throughout your entire employment life, all future employers will ask for an experience/ relieving certificate during face-to-face interviews or when joining a company. In reality, you might find yourself resorting to lies while expecting negative feedback from your unhappy past company. The chances are high that you are setting up a damaging reputation for yourself.
Regards,
From India, New Delhi
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Getting a mark sheet is not a big problem; you can obtain one and many from the Board for a nominal fee. Not serving the notice period can result in costs and consequences. It appears that you are a beginner and have not considered the adverse impacts. Any mistake like this of your own will require you to explain every time you face an interview or join a new employer.
You need to have an experience certificate from here, which is a document of great importance and holds value not less than a mark sheet. Your present employer can legally take action against you, and you will be liable to pay the amount along with costs. Throughout your entire employment life, all future employers will ask for an experience/ relieving certificate during face-to-face interviews or when joining a company. In reality, you might find yourself resorting to lies while expecting negative feedback from your unhappy past company. The chances are high that you are setting up a damaging reputation for yourself.
Regards,
From India, New Delhi
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Legal Notice for Breach of Notice Period .docx
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