Is It Legal for Companies to Keep Original Documents After Hiring?

No, it is not legal for companies to retain an employee’s original documents after hiring.

The Ministry of Labour and various court rulings clearly prohibit employers from keeping educational certificates, identity documents, or other originals. Retaining such documents may coerce employees to remain in the job and violate their fundamental right to personal liberty under Article 21.

Employers may check and verify originals at the time of joining, but they must return them immediately. Companies are allowed to retain only photocopies or self-attested copies for their records.

Thus, holding original documents constitutes an unfair labour practice and is unlawful.