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  • Category: Lawyers

    Query about surrendered educational certificates to company


    Have a query regarding educational certificates surrendered to a company? Searching for how to resolve the issue and join for a government job? Here, on this page our ISC experts shall provide you with inputs and suggestions to resolve the query.

    Last year I have joined one office in Mysore where they asked me to Surrender my 10th 12th and final semester marksheet for job security. So I surrendered the same and joined that office. It is a foreign based Consultancy office, providing job details to Non residents students from India. But I didn't like that type of job. So I informed to Manager and and quit job. The Manager agreed to give marks card after 2 Months.
    But when I visit his office, he asked me to come next month. His intention is to not return my documents. He spoke rudely with me.
    My future is in question mark?
    I cannot apply for any government jobs or even for private job since they will ask originals for verification
    purpose. I am mentally upset with this. Can you guide me as to how can I face the Manager legally but don't have the proof for surrendering the documents with him.
  • Answers

    5 Answers found.
  • You have committed a mistake by submitting your mark - sheets of class 10 th, 12 th and your final semester Mark- sheet. Probably, such a step was taken up by you on good faith but now your effort to get back your mark- sheet has gone in vain. You may adopt the following strategies in order to get back your your mark- card.
    1) Meet the local head of the office and explain him regarding your inability to join any government offices in the absence of the original mark- sheet. May be he is sensible enough to understand your plight and can help you in retrieving your mark- sheets.
    2) If the situation fails with such talks from the higher ups, meet a lawyer explaining him the details of your happenings. He may initiate a case against the Manager for the breach of standing rules of the company. In such a situation, it would be a long battle causing a considerable consumption of time apart from the payment of huge fee of the lawyer.
    3) Meet some influential MLA of your local area and take him in your good faith. He is the powerful authority to influence the higher bosses of the office where you worked. Hopefully, the situation would turn in your favour and you would get back your testimonials.

  • What are the terms of the appointment? Is there any agreement between you and the company about the minimum period you have to work with them? If so did you complete that period? Is there any proof with you that you have given the originals to them and did they acknowledge that they received the same?

    You have to answer the above questions and based on that you have to move forward. Whatever it may be the following ways you can try and get back your originals.

    1. Legal Methods: Contact a local Lawyer and explain to him the entire story and ask him to give a lawyer notice to the company asking them to returns the originals within a time frame. He can mention that if they are not responding to that he will go to the court. The copy of the notice should be sent to the top boss of the organisation also saying that this type of actions will spoil the reputation of the organisation. If they respond positively and handover your papers back well and good. Otherwise, you have to proceed legally.
    2. Giving a police complaint: You can complain to the local police and ask them to do justice. But generally, the local police will be in good terms with the companies. So they may not be able to solve the problems. If you know any official in the police department you can ask him to negotiate with the organisation. Because the organisation will also give some weight to these police people as they may help the company at the time of need.
    3. Mediator: If you know any local political leader or an important government officer with whom the company will have dealings, you can take the help of such person and try to get back the originals. They may go and talk to the concerned and see that they will give back the original certificates to you.
    4. Apply for duplicates: You have to lodge a complaint that you have lost your originals in some travel or something like that. You have to manage the local police and get a certificate from that they have taken the complaint and investigated and they are not able to trace back the lost documents and hence the case is closed. With that letter, you have to apply to the concerned and get the duplicate copies. If you have any good contacts with some local police you can get it done.
    The best one is to go for the locally known people like MLA or Inspector of Factories or company registrar and get the negotiation done with them

    drrao
    always confident

  • These things are happening with some candidates in some of the organisations and we are hearing about it in the online forum sections or in their question answer areas. The first and foremost thing in this matter is that what were the terms and conditions of your employment. This is a very important point because any dispute arising out of this short employment is to be handled in light of those terms and conditions. Have you gone through those conditions and stipulations? What is mentioned for your leaving of job? Can you leave whenever you want without giving a notice or you have to give a notice or deposit the salary for the notice period if you want to leave early. Please again check these things as the organisations become very alert and vigilant when some good and useful employees leave them in the lurch in the half of some important projects and they do not get an experienced hand so quickly as the replacement. Having checked this follow the regulations and your problem would be resolved.

    If it is other way round that there are no such conditions stipulated in the appointment letter and you can leave them anytime you want then you can fight with them for your right to get the documents back and for this I will suggest to send them some application by registered letter that you want your testimonials back and you are giving them 10-15 days time and if they do not return them by that time or alternatively do not communicate to you to collect them then you will be going for lodging police report for holding the testimonials illegally by them. You also mention in the application letter that after the police report you will also be going for legal solace and resolution through a court of law.

    You can take help of a legal person also for issuing them a legal notice. That might prove more effective.

    Knowledge is power.

  • No companies usually keep original documents of employees. They may ask you to sign a legal bond of some duration but you should not submit your original documents anywhere.

    1. Do you have any proof that you have submitted your original documents to them? If not, then I guess, you cannot take any legal action against this. Have you discussed the matter with any other employee working there who also has submitted his/ her documents? If yes, then you can take legal action with a witness or proof.
    2. Is it mentioned in the agreement or job appointment letter that you need to submit your original documents before joining? If yes, then you can use it to file a case.
    3. Ask the manager to give in writing about the date when will he return the documents. If he is having any wrong intentions, he will not give you anything in return.

    Lastly, the important part is- if you are getting a good job offer, please try to get duplicate mark sheets from your institute as you can apply for fresh job even with duplicate documents. You can keep trying to get the original ones side by side but you should not waste your precious time in the same.

    Padmini

    Living & Learning- simultaneous processes!

  • There is no use crying over spilled milk.
    At least for future guidance.Never part with original certificates . You can give them for verification and then get back the original certificates immediately then and there. Even very big organisations do not keep original academic certificates of their employees with them.

    Now what to do:

    1. Verify if you have got any proof/acknowledgement/ terms in the appointment letter or any correspondence about their keeping original certificates with them. Keep them ready and secure with you.

    2. Once more approach the office/Manager and request him to get back the originals and deliver it to you. Discuss politely and in a patient way why the delay and what are the problems. Visit him every day for one or two days. Try to get in touch with higher office/Superiors and speed up the matter.(Diarise the interactions and sequences about the visit, discussion and reply you receive). In case you talk over phone record the talk discretely. Never lose your temper even when pro vacated.

    3. Write a letter to the head office/controlling office to return the originals. Name the person( by designation and personal name) who had received the originals from you at the time of your joining. Inform them that they have asked for 2 months to return the originals ,when you quit the job. Also narrate further events.

    4. Ask the manager/Head Office to give you in writing when they will give back the original certificates.

    5. If within 7 to 15 days the certificates are not returned, and you sense something negative,send them lawyer notice demanding return of original certificates and warning them that you will take legal options including criminal case and compensation on the matter.

    6. In the meantime check and understand the procedures to get duplicate certificates from the School/Board/college/University.

    7. Let some others in the office also know about the issue and seek their help also f possible, if they are your well wishers and sympathise.


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