• My company lost all original educational certificates submitted

I had submitted my original certificates( matriculation to degree) to my company at the time of joining
there was a bond period of three years, it was mandatory to submit the certificate. When I am about to leave the company I found that they had lost the certificate.
 So company HR told to solve the matter with some compensation. Until and unless I get the original certificates , I can't get another job or apply for some govt exam.
How much compensation we can claim for the losses, mental and physical trauma involved since it may take couple of months to get my originals from CBSE board(10th certificates) ,state board(12th certificates) and degree certificates from my engineering college.

Please advise me as it will be a huge relief.
Asked 9 years ago in Labour

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3 Answers

You must file a formal complaint to your HR and simultaneously lodge complaint before the local police along with copy of the complaint given to HR. You have submitted your original certificates to your employer in compliance to the bond obligation. Had the bond obligations were not enforced upon you would have not handed over all your original educational credence. Hence, the amount equivalent to the bond may be claimed as compensation which would also cover their deficiency of service and dereliction to duties of an employer towards its employees.

After getting report from the Police authorities, It is advised that you may submit application and apply for getting duplicate educational certificates form respective educational Institutes.

Rajinder Kumar
Advocate, New Delhi
98 Answers
6 Consultations

4.9 on 5.0

Hi,

You should get a written confirmation from the company that they have lost it and ask them to lodge an FIR to that effect.

though You can get the duplicate issued at the same time you are paying unwanted cost .

The compensation what you can ask is for your financial loss, in terms of immediately not getting a job, the compensation for mental agony and trouble, ask a very huge amount as such no amount can be compensate it.

no company has the right to keep your certificates in their custody and especially when they can not keep it safe

it is unbelievable that from company's office they missed only your originals. so other than H.R , try to communicate with the higher management, if not done approach court with a private complaint where the company is answerable for what they have done with your marksheet.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. It is illegal to demand submission of original documents before joining the employer,

2. Lodge a police complaint alleging the said illegal act of the company by which you were blackmailed to deposit your personal educational certificates in original and not returning you the same,

3. If police does not act file a w.P. against police inaction,

4. You can also file a damage suit against the Company.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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