• Employer holding certificate even after leaving job

My wife was working as Lecturer in Pvt College for over an year, My Employer has taken her M.Sc Original Certificate at the time of joining, She agreed to give it as she was desperate for job. she has taking in writing from them saying that my specific certificate is your custody in their letter head.

She has resigned job due to health issues a month back. Now the Employer is saying they will not return Original Certificate until May 2015.

Please advice how should I take this up legally.? What are my Options
Asked 2 years ago in Labour from Bangalore, Karnataka
Hello,
1) It is hard to fathom why the college/the employer should retain her original certificate when she has already resigned from her job!

2) The employer has no right to do so even if it meant she resigned without adequate notice. Do issue a legal notice to the employer demanding immediate return of the original certificate.
3) You can also lodge a police complaint seeking intervention to get back her certificate.
Show the police the proof of resignation and the letter from the institute acknowledging receipt of certificate in the original.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi,
 you should send a legal notice demanding to return your certificate immediately and you should ask for a compensation ,as the college has a selfish reason to withhold it for the purpose of their good records with the education department as it is an end of academic year and new replacement has to be on record.
The college has no right to keep your certificate after your resignation. 
You have another option that is to lodge a police complaint .if the police fails to act, approach the magistrate court with a private complaint.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
The employer cannot deny to return the original certificate for any reason. You must send a legal notice to the employer to return the same or face consequences. Meanwhile if nothing is forthcoming, file a police complaint against them and seek their help in order to recover the same.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. You have not informed as to why the employer of your wife is refusing to return the certificate till may'2015,

2. Was there any bond executed by your wife stating that she will not leave the organisation till May'2015?

3. Actually the employer can not legally take deposit of original academic certificates as security,

4. She can lodge a police complaint alleging that her original certificates are not being returned by them,

5. If police does not act, she can file a Writ Petition before the High Court against police inaction,

6. She can file a complaint before the labour commissioner.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. How come, your wife's resignation will trigger/instigate other resignations?

2. Lodge a police complaint as suggested in my earlier post and go for W.p.,

3. Moreover, after filing the above police complaint, she can apply for copies of all her certificates so deposited,

4. I think that one legal notice to this effect may solve the problem
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hello,
1) The reason or excuse that the school authority is providing is unfounded as retention of documents would not prevent resignations if they were to happen.

2) As there is no bond by which your wife was bound there is nothing that should in the remotest way justify the retention of the certificate.

3) As I advised in the earlier post do issue a legal notice and if necessary a police complaint.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0

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