Can an Employer Hold My Original Documents After Hiring?" ππ« | #EmploymentLaw #HRPolicies #EmployeeRights
π€ Question:
"My employer has taken my original degree certificates for 'security reasons' and refuses to return them. Is this legal?" ππ #WorkplaceRights #LabourLaw
✅ Answer:
No! An employer CANNOT legally keep your original documents as security or a condition of employment. This violates Indian labour laws and fundamental rights. π¨π #KnowYourRights #JobSecurity
πΉ What Does the Law Say?
✔️ Violation of Fundamental Rights – Keeping original documents restricts an employee’s right to employment and freedom of movement. ⚖️✋
✔️ Against Indian Labour Laws – The law does not permit withholding certificates as a bond or guarantee. ππ️
✔️ Unfair Employment Practice – The Ministry of Labour has ruled such acts as unethical and unlawful. π«π️
✔️ Only Photocopies Can Be Kept – Employers can verify credentials but should return originals immediately. π✅ #EmploymentRights #JobSecurity
πΉ What to Do If Your Employer Refuses to Return Documents?
❌ Send a Written Request – Ask for your documents formally via email or letter. ππ©
❌ File a Police Complaint – Withholding original documents without consent may amount to illegal detention. π⚠️
❌ Report to Labour Commissioner – If the employer refuses, you can escalate the issue. π️π
❌ Seek Legal Help – You can file a case for harassment and unlawful retention of personal property. ⚖️π #WorkplaceHarassment #LabourRights
πΉ When Can Employers Legally Keep Documents?
π During Background Verification – But must return them immediately after verification. ✅π
π If You Sign a Legal Service Bond – Only if mutually agreed upon in a valid contract. ⚖️π
π For Visa Processing (Limited Cases) – Some companies keep passports temporarily for international work permits. ✈️π #WorkVisa #LegalContracts
π― Pro Tip:
π‘ Never submit original documents without written proof of return policy! Your qualifications are YOUR property! ✅ #HRPolicies #WorkplaceEthics
πΌ Facing Issues with Unfair Employment Practices?
We at Lexis and Company assist in employment disputes, labour law violations, and legal actions against unfair workplace practices. ⚖️π
π Call Now: +91-9051112233
π Website: https://www.lexcliq.com
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