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WE DESIRE TO KNOW IF THE EMPLOYEE DENIES TO DEPOSIT ORIGINAL CERTIFICATE. CAN EMPLOYER TAKE ANY DISCIPLINARY OR PENAL ACTION AGAINST THE EMPLOYEE. MOREOVER, HOW MANY DAYS CAN THE EMPLOYER HOLD THE ORIGINAL CERTIFICATES. IS THERE ANY LEGAL CLAUSE UNDER THE LABOUR LAWS, WHEREIN EMPLOYER CAN HOLD ORIGINAL CERTIFICATE.
From India, Pathanamthitta
Dear Friend,

Here the issue is not clear. Why because if the employer and employee have got an agreement to deposit the original certificate by the employee with the employer for specific period in consideration for giving the employment to the employee by an employer, in such a case the employee must deposit his original certificates with the employer till such period is lapsed.

In general no employer shall insist any employee to deposit original certificates with him. On scrutiny of the certificates at the time of interview and after the completion of joining formalities, the employer should return the original certificates of an employee if he takes the same for one day or few days on the ground of verification etc.

On the other hand, depositing original certificates is one of the term in between employee and employer for specific period for giving an employment, then the employee is required to submit his original certificates with the employer failing which the employer is having an absolute right to terminate the services of such employee for breaching the terms of an agreement or appointment order as the case may be

Regards

NVRao
Naidupeta

From India, Nellore
Dear VCHERIAN
Taking Original certificates from employees and holding them; is not an ethical practice.
Certificates are given to employees for certain accomplishment/achievement and belongs to them. One can only scrutinize them and keep a certified copy for one's record.
Holding them like a Security Deposit/Collateral etc. is not a good thing to do with employees. Kindly educate your employers, as a conscientious HR professional.
Regards.

From India, Delhi
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