Dear Anwar,
A company/employer can keep original certificates of an employee only for verification purposes for a limited time period say two to three months not beyond.
As per the provisions of Indian Penal Code retention of Original Certificates & Mark List by the Employer is a Criminal Offence punishable under Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY],406[CRIMINAL BREACH OF TRUST:]& 420 [CHEATING:].
Dishonest misappropriation and conversion of moveable property to their own use needs to be proved under Sec 403.It is the same case with Sec 406 & deception needs to be proved for Sec 420.
It is advisable to talk to the employer regarding return of the originals failing which one can give legal notice. The non compliance of the legal notice can entitle the employee to get a FIR registered.
Regards,
Gurmeet S. Sethi
From India, Ludhiana
A company/employer can keep original certificates of an employee only for verification purposes for a limited time period say two to three months not beyond.
As per the provisions of Indian Penal Code retention of Original Certificates & Mark List by the Employer is a Criminal Offence punishable under Section 403 [DISHONEST MISAPPROPRIATION OF PROPERTY],406[CRIMINAL BREACH OF TRUST:]& 420 [CHEATING:].
Dishonest misappropriation and conversion of moveable property to their own use needs to be proved under Sec 403.It is the same case with Sec 406 & deception needs to be proved for Sec 420.
It is advisable to talk to the employer regarding return of the originals failing which one can give legal notice. The non compliance of the legal notice can entitle the employee to get a FIR registered.
Regards,
Gurmeet S. Sethi
From India, Ludhiana
Hi,
Collecting original documents by the emoployer is not legal. The employer does not mention it anywhere in written form. Employees are not given any acknowledgement.
Probation period is applicable only for permanent employees and not for contract employees.
Regards,
Arpita
From India, Hyderabad
3Collecting original documents by the emoployer is not legal. The employer does not mention it anywhere in written form. Employees are not given any acknowledgement.
Probation period is applicable only for permanent employees and not for contract employees.
Regards,
Arpita
From India, Hyderabad
this is not legal orriginal documents only verfied and return back immediatly they kept only copies.
From India, Madras
From India, Madras
Dear Anwar,
Whether its legal or illegal to keep original doc. of Contract employee in office. But clearly mention to oraly & written(Offer letter issue) for if selected the candidate, we have reciving the all original doc. whenever u r terminated or contrct ends or relieving then only given doc. It may be avoid the problem future
Regards
Sivasankaran A
From India, Madras
Whether its legal or illegal to keep original doc. of Contract employee in office. But clearly mention to oraly & written(Offer letter issue) for if selected the candidate, we have reciving the all original doc. whenever u r terminated or contrct ends or relieving then only given doc. It may be avoid the problem future
Regards
Sivasankaran A
From India, Madras
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