Can the Company Keep the Original Certificate of the Employee?
According to Article 17 of the Labor Code 2019, which stipulates the acts that employers are prohibited from committing when entering into and implementing labor contracts:
Retaining the original copies of personal identification papers, diplomas, and certificates of employees.
Requiring employees to provide financial security or other assets as a guarantee for the performance of the labor contract.
Forcing employees to perform labor contracts to repay debts to the employer.
Thus, based on the above regulations, employers are not allowed to retain the original university diplomas of employees. Comparing this to your case, the company is in violation of the regulations.
Additionally, Clause 2, Article 8 of Decree 28/2020/ND-CP stipulates a fine ranging from VND 20,000,000 to VND 25,000,000 for employers who retain the original copies of personal identification papers, diplomas, and certificates of employees when entering into or implementing labor contracts. At the same time, they are required to return the original documents that were retained from the employees for this violation.
Sincerely!
