Current company will not give me back my document

Question

I am a software engineer in a company which is located in Hyderabad.

I've recently got an offer for another company. In the documents verification, they asked me to submit the original scanned copies. But my academic originals are in the present working company.

Actually, I had given 1 year commitment (as bond) to work in the company. Now the bond period is already completed, but they're forcing me to work another year. If not, they won't give my certificates back. I requested it many times.

As per company standards, I am ready to submit 2 months notice period, but they won't be considering.

If I proceed legally, I can get my certificates including the experience and relieving letters from that company, but will this become a problem if the new company asks my current employer for background verification?

A company demanding the originals of important documents from employees is rare, but then keeping them is highly unusual (except when they are in the business of human trafficing). — Philipp, Jul 21 '15 at 09:35
@Philipp: Apparently not rare in India, judging from questions here. — keshlam, Jul 21 '15 at 14:41
possible duplicate of How can I request employer to release for necessary documents on the last working day — IDrinkandIKnowThings, Jul 21 '15 at 16:29
@keshlam No, it is rare in India too. That practice is illegal, but some dubious companies do it anyway because (like the OP here) employees are usually too scared to take legal action, so they know they can get away with it. — Masked Man, Jul 22 '15 at 01:49
In the US we don't have the exclusive employment issue, so there is no document to hold hostage. — keshlam, Jul 22 '15 at 02:10
Curious about Indian liability law. If the current company does something illegal (like withhold your documents) and it causes you financial harm (like losing a better job) can you sue for damages? In Canada you would be unlikely to even cover your court costs, in the US it seems like this could be a huge payday. — Myles, Jul 22 '15 at 18:33

Nobody · Answer 1 · 2015-07-21T11:22:09.723

9

It seems that

But, my academic originals are in the present working company.

and

they won't give my certificates back.

is your problem.

You did not say what kind of academic originals it is. I assume it's degree diploma (certificate). I think the solution is easy. Go back to the institution where you received the academic degree/certificate from and tell them you lost your original certificate and ask them to give you an official copy. You can then present this official copy to your future employer.

edited Jul 21 '15 at 11:22

answered Jul 21 '15 at 03:36

Nobody

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This sounds like the easiest solution with the least fallout. – Alexander Jul 21 '15 at 11:18

Current company will not give me back my document

1 Answers1