I am having huge attrition in my business unit less than 3 months tenure employees. They are leaving with out any proper communication. if i ask original certificates from the employees while joining. Is there any legal implications in this? Please help me.
From India, Chennai
I don’t know of any legal Implication, some of the Companies are following it. You can also try refundable security deposit or bond for a specified time period
From India, Mumbai
We can collect the original certificates from freshers only, If the people are having some experience they won't submit their certificates.
1. For freshers we can take certificates and ask them for a commitment of 1 or 2 years (Based on your need)
2. For experienced we should very particular on their background verification. Also should focus on their continuity service with the past company/companies.
3. We can keep half month salary as security deposit. Example: Every employee should serve notice period, if not we will keep this security deposit and also we will not issue any experience or relieving letter.

From India, Visakhapatnam
Just find out the reasons for high attrition,either atmosphere of company or salary structure is not up to the mark. With regards shashi pandey
From India, Lucknow
An employer has no right to keep the original certificate. WITH HELDING A CERTIFICATE OF AN EMPLOYEE AND TIED IN YOUR ESTABLISHMENT AMOUNT TO A SORT OF BONDED LABOUR and you may liable to reply to the labour officials for such action. You have no right to compel an employee to work in your company. The better working standards and pay should attract the employees to your company.
From India, Thrissur
1. what you are offering - reduce it by 75% and tell them that once they complete 6 months it will paid with retrospective effect - other wise that money will be used to recruit new people if you go .
2. Just to get the feedback - arrange an exit interview.
3. Bring your own \"mole\" as new recruit and strictly instruct him not to disclose your friendship and get real feedback why people are leaving. You need to hit the bottom and get real issues.
4. If you ask certificates - ( I do not know what co., you are in) you will be treated like marwari companies - even though they are best.

From India, Hyderabad
BSSV
201

So far as legal implications are concerned, you can not with hold the certificates of any except for the purposes of verification.
Secondly, there may be major loopholes in the working system you need to look in to....
As somebody has already mentioned, you may mention the minimum number of years of employment and compensation......
Try to include the critical termination clause, like minimum period, until the company gets another employee in the place, with hold of salary during final settlement, legal actions, and written letter for the reasons of resignation pertaining to workplace and justification.....
there may be salary issues or relationship issues, or the work weightage...... imbalanced financial investment.....
you need to analyse in depth and try to resolve......
Wish you good luck.......

From India, Bangalore
dear GVP college student .. greetings appreciate ur participation.. pls let me know on which basis u told dat u can take crtfcts ? cn u pls quote any statutory sections of law..... rply soon
From India, Visakhapatnam
Dear Rajaramesh Sir, I know some of the Companies in Finance Sector and Keeping Original Certificates of the Employees. If its Not Legal then how come these well known companies are following this.
From India, Mumbai
I don't think that is proper and Legal. The employer can ask for notorised copy of the original to keep in records. The concerned officer can ask for 'production' of the original to compare with notorised copy and return the original at the 'same' time. By Law nobody can keep the original document except the owner of that document.
But rather than facing regular attrition , take the employee's on a contract roll initially for short period (min 3 to 6 months) thru a proper contractor or consultant , and tell the employees on the basis of their performance , attitude they will be moved to the direct company roll.
This may workout in two ways ... you don't want waste your time on replacing people while you have contractor (on signed agreement for these arrangement) , Also you can keep the right persons with you.
Always keep the right people those who have performed well. It's good for the organisation health and growth.
Wish you all the success.

From India, Bangalore
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