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Employment Bond and Certificate Issues
26-Sep-2023 (In Corporate Law)
My employer has confiscated my original document as security. Is that legal? I had taken an informed one month leave of absence. But now they claim I have absconded and are forcing me to leave and buy the noticeperiod or pay the bond. I am not willing to do neither. I told them Im willing to serve the notice period which they did not agree to. I asked for a copy of my employment agreement which they did not give at time of joining and now there's no response from their side. What do I do?
Hi, your issue is grave in nature and the actions adopted by your employer is illegal in every step of their process. Please consult an advocate/me for issue of legal notice to them to recover your Documents and Copies of your employment records which are in their custody. If there is no response to the notice and compliance to the request, then a suit may be filed either in the Labour Tribunal or in the court of jurisdiction.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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Confiscation of Original Documents is not legal, until those documents are given by you willingly. And, when asked for has to give it back. If you have informed your employer of the leave and you have some evidence regarding the same then they cannot confiscate. Also, they cannot claim that you have been absconding if you provide the evidence that, you have informed them of leave. Also, they cannot force you to go through notice period or pay either. You keep your documents and evidence ready, so that your employer cannot make you liable for anything.
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Adv. Nachiketh Konapur
Bangalore | 25+ Answers
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