Recently, there were reports in the mainstream media that a young assistant professor who worked in a private college in Tamil Nadu committed suicide after the college allegedly allegedly refused to return his academic certificates that were retained by the college authorities at the time of his joining the institution. The sad news shook the conscience of those in academia who resorted to social media to discuss the legal and ethical aspects of private educational institutions withholding certificates. It is learnt that a few of them even wrote to the All India Council for Technical Education (AICTE) highlighting the problems encountered by employees who struggle to get their certificates back when they need to move to a better job. The impact is that now the AICTE has issued a public notice stating that it is illegal and unethical to withhold employees’ certificates. It has even issued a warning that it would withdraw the approval given to the colleges that flout the rule.
Violating rules
Most private educational institutions (schools, technical institutes, colleges, deemed-to-be universities, and so on.) retain their staff’s academic certificates at the time of issuing employment contracts to them. Some institutions collect all the certificates including mark sheets and retain them, making it really hard for the staff to apply for any other job during the academic year. It is true employees have a tough time recovering their certificates from their employers in many educational institutions, when they decide to quit their jobs. Many have to forego their better prospects as they are not able to recover their documents in time.
Is this problem unique in India? Yes, it seems to be. I worked abroad for five years. At the time of recruitment, my certificates were verified by the Educational Consultants India Ltd (EdCIL), Noida and during my service at the Kigali Institute of Science, Technology and Management, Rwanda, my academic certificates were quite safe at home in India. There were over 50 expatriates at the Institute and there was not a single case of anyone quitting the job without proper notice.
Indians who run educational institutions in Gulf countries retain all the original documents including the passports of expatriate staff. I have heard numerous tragic stories of Indian expatriates working in Indian schools who could not visit India when their presence at home very much needed. Isn’t withholding one’s passport a human rights violation? Yes, it is.
Is it a good practice to withhold teachers’ academic certificates and other original documents? Why do educational institutions indulge in such practices? I discussed this issue with some heads and administrators of some private educational institutions. A Principal of a well-known school said, “We retain the certificates of our staff only for security reasons. We do face problems when a teacher quits our school in the middle of an academic year. To prevent them from quitting we have to keep their original documents with us.” When I countered her with the question whether it would be difficult to find a replacement for anyone who resigned if the institution paid a competitive and decent pay to the staff and created a good working environment for them, she just flashed a smile. Yes, finding a suitable replacement is not at all difficult as there are many well-qualified and good teachers waiting for well-paid jobs.
Make changes
Here is a different view. Another head of an educational institution said, “Teachers should not be treated as bonded labourers. Instead of keeping possession of any teacher’s original documents and certificates, educational institutions should issue employment contracts in which all terms and conditions are clearly specified. The contracts are signed by the employer and the employee and be honoured by both the parties.”
When teachers serving in government educational institutions and employees working in companies keep their original certificates with them, why shouldn’t those who work in private educational institutions be allowed to keep their original documents with them? The fact that there are some rare cases of teachers absconding should not make employers distrust every teacher. Academic certificates are the intellectual property of those who have received specific education after years of study and hard work. Therefore, the certificates should be with the owner and not with anyone else.
Employers can always state that they retain the certificates of employees with the latter’s consent. If there is a rule which specifies clearly that even with the consent of employees, employers should not keep possession of employees’ academic certificates, then employees will be safer. In the absence of such enforcement of laws, employees will have to be at the mercy of their employers.
Employers need not keep possession of any employee’s certificates for these reasons: i) Employees are at the receiving end because they have to get service certificates from the employer. At times, the employer serves as a referee when any employee quits the organisation and joins some other organisation. ii) If the employee has signed an employment contract s/he has to abide by the terms and conditions in the contract and legal action can be initiated by the employer against any employee who violates the contract. iii) No employee will dare to quit an organisation without proper notice because s/he has to get many other formalities completed before joining another organisation.
Retaining good teachers and not retaining the academic certificates of teachers should be the motto of educational institutions. Certificates are the intellectual property of those own them. Retaining the certificates of employees is akin to depriving them of their rights to own their property. It is true employees need jobs and at the same time employers need employees. Without employees, the word “employer” is meaningless. Both employers and employees are mutually dependent on each other. Employees need not be at the mercy of employers. Good employers make employees feel that they are co-workers and not servants. Therefore, they should have mutual trust and respect for each other.
Employers should be benevolent and happily bid farewell to any employee who decides to quit their job in order to move on to greener pastures. When will our educational institutions show such a gesture of goodwill?
The author is an academic, columnist and freelance writer. E: rayanal@yahoo.co.uk T: @albertprayan
