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  • Category: BPO and KPO jobs

    Is it legal for a company to ask for and keep original certificates


    Worried that a company has asked for your original certificates to take up a job? Find out from this Ask Expert page whether they are in their legal rights to do so.

    I have attended an interview (BPO) and the employer says that we need to submit the original certificates to them at the time of joining. And they will keep it with them till the last working day. They say they will give an acknowledgement letter that they have kept the original certificates.

    Can you please tell me whether it is legal? Do companies keep our original certificates? Can you please advise me on this.
  • #151508

    Generally, no private company asks for Originals to be deposited with them. At the time of joining they will verify all the originals and take xerox copies of the same and file it with them.
    If the company is a standard company and if they give you back anytime you want and if they give the acknowledgement, you may keep it with them.
    If they are asking for any minimum service period with them and the originals are with them you can't apply for any other job until you complete your accepted minimum period. You may be requiring these originals for your other uses. At that time if they give temporarily to you it is Ok. Otherwise, you will be stuck.
    So you have to take the decision based on the company's reputation and the payments position.


    drrao
    always confident

  • #151512

    Generally, this happens which is totally illegal but the fresh candidates force to do this as they do not have other choices. I will suggest you for the colour photocopies of every document they need and laminate them. When they ask you to submit original documents submit this laminated documents. This thing has happened with my brother and he had done the same thing.
    The company generally do this thing to prevent the shifting of the candidate from one company to other. But doing the above thing you would be able to get a better job in other company in future.


    Honesty is the best policy.

  • #151524

    Employer companies do not and should not keep the original certificates. Sometimes when the certificates had to be verified at the corporate office or Head office, it may take some time but will be given back to you after verification. The company will be keeping only attested copies with them.

    But in your case probably they may be keeping as a precaution to avoid the employee leaving the company without informing or without proper relief and keeping some liabilities or making some loss. It may e their way of abundant caution.

    You do not agree to submit original. Unless and until you are in dire need of a job, do not acceded to their demand. Even then Scan all the originals in their coloured form and keep with you.

  • #151527
    Thank you all for the advises.. Is there any way we can negotiate with the employer and get into the job without submitting the originals? Or they will not agree at all?

  • #151539

    The Employers/firms misuse the policy of keeping certificates and bonds so that when the employee wants to quit for a better position, they will have to pay a good amount of money to get their certificates released.
    Please read the clauses in the bond or exit conditions, notice periods and money to be paid if you have to resign from the job.

    If you look at the information in the net, this plight is faced by many sectors. Luckily the court has always ruled in the favor of the employee and not the employer

    For students (https://www.thehindu.com/news/cities/Madurai/colleges-cannot-withhold-students-certificates-hc/article4304170.ece)
    For staff(http://www.livelaw.in/retaining-original-certificates-illegal-improper-madras-high-court/)
    for nurses(https://timesofindia.indiatimes.com/india/Exploitation-of-nurses-Supreme-Court-notice-to-Centre-states/articleshow/13044144.cms)

    What you can do is

    1. Bottomline is, it is not legal or mandatory but for the sake of the job, you can give it to them.
    2. If you have other offers in hand, then tell the first BPO that you will take the job as long as they accept attested copies of your certificates.
    3. As long as you understand that these originals are a bargaining chip for the MNC to squeeze some money if you quit the job, then you are fine. If need be and when you quit you may have to negotiate for a 'fine' to get your certificates released.
    4. Lastly, keep copies of these certificates. If you get a very good offer and the BPO is not willing to give you the certificates, try a simple settlement first, if not, then you can issue a lawyer notice and get your documents.

    5. Practically, many people declare that they have lost the certificates during an interview travel, file an FIR, publish a small advert in the papers and then get a whole new set, although tedious, it can be done. So, I would say, go for it, the job market is tough, get the job, do not antagonize your prospective employers, if you reach a point of changing jobs, plan well, before you tell everyone.

  • #151543

    There is no life legality behind this. But in some organizations, it is a practice to collect the certificates. The main difficulty in this is we cannot get back from them easily when we need them even for genuine reasons. To avoid this we must sure ourselves about the non requirement of them for a specific period.

  • #151554

    Firstly, I would like to know whether you have accepted the terms and conditions of the company.

    1. What are the terms of employer for offering you the employment.

    2. Is there a fixed minimum serving period terms?

    I assumed that the the intention of the employer is that you shall not quit the job abruptly or to the disadvantage of the employer.

    If you have signed and aggred to their company terms and they has retained your original certificates, then it is legal as you have accepted the terms and voluntarily offered the certificates. Right? However, the only problem now is that if you have seek for other jobs, or to pursue and continue higher studies, you need original certificates for verification. In such unfortunate events and emergencies cases, the present employer would have a hold over you. That's not right and you are amidst stuck.

    On the contrary, even if you have accepted their terms, it is illegal and infringe India Fundamental law either by Indian Law and Provision of services contract because employer cannot keep your original certificates. He will have control over you and take advantage of that in which you'll become a slaves of others.

    If it is a contract based services, then please refer to Section 24 of the contract Act. We have got a fundamental right under Article 19 to pursue our own career or business and no one can infringe it. The company is violating our fundamental rights by retaining your original copies.


    Hackers never learns but always wins!

  • #151555

    Generally companies will ask for originals at the time of document verification and there after they will return them. In your case they want to keep them. It is not legally valid and you negotiate them for submission of bond for the contract period so that if you leave the job before that you will have to deposit the bond money. That is the general practice and legally valid way of dealing in such things.

    You insist for submission of bond from your side as per their procedure so that they will be satisfied that you are not going to leave the job before expiry of the contract period.

    In case you get a very good offer elsewhere you can deposit the money and leave the job to join the new place.

    Try to negotiate with them but do not give them the originals.

    If you have no other job in the sight and you are in dire financial problems then only agree to give them the originals for the contract period and make it very clear that on the expiry of that period you are not bound to work there and they should immediately hand over the originals to you.

    Make these things clear before joining. You can take some legal help also from some lawyer in this matter as they are aware of many such cases and can tell you some other ways to tackle such issues.


    Knowledge is power.

  • #151557

    No, it is not at all legal or legitimate to ask you to hand over your original documents including your evidence of the date of birth and educational qualifications. However, some unscrupulous private companies resort to this practice. Almost without any doubt, it can be said that these documents are sought to prevent you from leaving the job in future.

    Under no circumstances, you should hand over the original documents to the company, even if, they withdraw the offer of appointment to you on this ground. Don't fall in this trap.


    Non-violence is the greatest Dharma; So too is all righteous violence.

  • #151568

    If you really don't have job then there is no way you can say no to company that offered you job. It is private company with their set of rules. But it is not required to submit originals since original certificates required for educational purpose which is freedom of choice. Nowadays as assurance and blocking employee small scare companies take original certificates.

    What you can do is , accept this job and search for another one in standard company which don't ask for certificates to submit. This way you will get better offer and security of certificates.


    Avi
    Life Is Beautiful

  • #151694
    Healthy organisations follow healthy trends and in course of verification of certificates prior to offering the aspirants for the final joining, officials deputed for this purpose would like to see your originals apart from retaining the attested copies of the certificates and in that way they ensure that no mistake has crept in during the stage of verification of the certificates. Once the formality is over, the originals are handed over to the aspirants. This is the healthy norm being followed by reputed organisation and their ethics and cultures are of superb quality helping them to win the heart of their employees and peers.
    Instead of retaining the originals, they insist on a bond of a prescribed value and in the event that an employee relinquishes job between the bond - period, they would have to pay the bond - money as applicable to the candidate under that circumstances.
    There are some recruiters retaining the original - copies of the aspirants causing inconvenience of the employees once they get a lucrative offer from some other companies.
    However, it does not mean that a prospective candidate should not strive for better prospects, one must make an attempt to make ones career attractive by opting suitable offers from the MNC's.
    The originals submitted in the previous organisation can be procured with the appropriate dialogue or by sending a legal - notice by engaging a lawyer.

  • #151779
    Every private companies have their own set of rules and conditions for a new comers. This is not illegal to ask for original certificate as employer provide you an acknowledgement. There is not any law made for keeping original certificate so we cannot say it illegal. What you can do in this situation? You should ask to the employees who are already working there. Do enquiry and clear all your doubts before taking any futher decision. Just for security purpose they ask for original certificates. It is our responsibility to keep our certificate safe. What if employer will not provide you certificate at the time of leave the job. Do they ask for bond or not? If yes then refuse to join such company because I think you should not sign the bond. Whenever you wants to resign for a job after an year then you have to pay panalty for that. If no then you can deposit your certificates but take proper reciept and acknowledgement.


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