Original documents as security

5 years ago

Dear Sir

Is it legal to take original documents by company ? Employer is not returning my documents and not releasing my full n final amount.

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VIMAL K MISHRA

Responded 5 years ago

A.Approach Labour Commissioner

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Prabhakara S K Shetty

Responded 5 years ago

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A.Taking of documents by a company forcibly is illegal.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Kindly send legal notice through lawyer.

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ROBERT D ROZARIO

Responded 5 years ago

A.Education certificate are your property. Your employer has no right to retain your certificates under his custody. Serve a legal notice through an advocate. If they don't, lodge a complaint against the employer and the company for breach of trust.

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Abhimanyu Shandilya

Responded 5 years ago

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A.There is no prescribed law on this which enables the company to take and keep the original document unless it is agreed in contract especially the employment agreement. You send them a legal notice for this and even after that id they are not releasing then file an FIR with Police.

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Ranjana Singh

Replied 5 years ago

Thank you very much Sir!

Actually I signed a 03 years contract with the company. 01 year will be completed in next month. I found that environment is very worse inside the company. We are not provided with drinking water sometimes till the lunch time. Cleanliness is not there in wash rooms.
They provide us salary on 17-27th of the month. 12 leaves each for one month which we cannot carry forward to other months. No earned leaves. 10 yearly holidays only. We are overloaded as every department has only one individual.
I didnot ask at the time of joining as these are normal terms.
There is no appraisal this year too which has been written in the contract. No future in that company.

Thats why I want to know if there is government rule against slavery by taking original documents.

Regards Ranjana

Abhimanyu Shandilya

Replied 5 years ago

There is no specific rule like that but you can always take the legal route of filing a case in court.

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