• Original passport and educational certificate hold by employer

Dear sir.


I have been offered a job in Nigeria by Delhi based company in Nigeria.  I have signed the letter of appointment and for visa process they required my original passport and educational certificate for hrd attestation. Due to some family issues I turned down the offer. As per their terms I have to bear visa application cost in India and after joining the company they will reimburse me. I have paid Rs. 30000 for visa process. 

Now they have send me mail with list of expenses with total amount of Rs. 2 lakhs to transfer in their account. No where in appointment letter it's mentioned that if I didn't joined them then I have to pay. In terms and conditions is mentioned on termination of employment prior to 24 month of completed service if the appointment is terminated for the reason or misconduct, criminal activity or non-performance, then expenses will have to borne by the employee  (a) Recruitment expenses (b)Visa fee including regularization expenses (c) To and fro travel expenses (d) any dues owned by employee to the company.

Please advise me how can I approach to get my original documents from them. I in big mental stress. Please reply.

Thanks
Mustafiz
Asked 12 months ago in Labour from Chennai, Tamil Nadu
1) file police complaint against the Nigerian company for refusal to return your original passport and other documents 


2) if they fail to return issue legal notice against the company and its officers in India 


3) you can move court and obtain orders to direct them to return your originals 

4) if they have any claim against you then they have to file a suit to recover sum of Rs 2 lakhs but they cannot withold your  originals 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
1) you have handed over the original documents to company in New Delhi 

2) file complaint in New Delhi . 
Ajay Sethi
Advocate, Mumbai
23380 Answers
1227 Consultations
5.0 on 5.0
The company is bound to return the documents to you. If you do not pay the amount demanded by it the utmost which the company can do is to file a lawsuit for recovery of money against you, which you will be given an opportunity to contest. Under no circumstances it can refuse to return your original documents. You should file a police complaint against the company for breach of trust. The complaint can be filed in Chennai.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0

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