• Employer not returning my original educational certificates

Respected all,

I joined a small organization in Bangalore on 17/8/2015. At the time of joining employer asked me to submit my m.com and b.com original certificates for security reason. They also gave the acknowledgement for the same and agreed to return documents at the time of reliving from the company. 

After joining, I came to know that the company is not employee concerned, there are no benefits other than salary, high pressure on employees and the management is least bother about employee problems. Assigned job profile to me was different from my existing profile (I have 4 years experience in core accounting) and decided to quit the job considering my future career. 
I sent resignation on 16th September by giving personal reasons. However, I have not received any response from management for my resignation. When I spoke them they demanded to pay 3 months salary (?130000 approximately) as compensation and they are not allowed me to serve notice period even though I am ready to serve. 
They are asking me to pay money if I need the certificates immediately or I have to wait for 3 months. And also  threatening me saying I'm terminated from the job and they will put me in black list.
I have good offer from a best company and don't want to miss the new offer. Without certificates I can not join to new job.

Please help me to get my certificates asap.
I'm really worried about my future and my career since I'm from poor family background.
Asked 2 years ago in Labour from Bangalore, Karnataka
Hi sir/madam, you don't worry, you have to issued a legal notice to the said employer for wiling to serve notice period and to return the original certificates at the time of relieving the job. If the company has failed to give opportunity to serve the notice period and to failed to give the certificates and stick the compensation in lieu of notice period, at that time you have to file petition before jurisdictional district labour commissioner in this regard, they will settled the matter by giving relief which you want. You go ahead in this way. They cannot fit to you in the black list and terminate you without proper reason. If you want my legal service in this regard I will do it.
C. V. Jadhav
Advocate, Bangalore
500 Answers
15 Consultations

4.7 on 5.0

1. When you sent resignation letter on 16th September giving personal reasons, when you wanted the management to relieve you.
2. Since the management has acknowledged the receipt of your original documents at the time of your joining the employer, the responsibility lies with the management to honour its commitment of returning you the original documents at the time of your leaving the company.
3. Does the offer letter is clear about the notice period or salary in lieu of notice period.
4. Send a legal notice to the management to return your original documents at once.
5. Complain the illegal action of the management of this company to the jurisdictional Labour Commissioner and apprise the Labour Commissioner of the harassment meted out to you by the company and request him to resolve the issue.
6.Did the employer gave you any specialised training in India or abroad?.
7.You can obtain duplicate certificates from the university, if the employer does not give your certificates.
Shashidhar S. Sastry
Advocate, Bangalore
1653 Answers
109 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer