Company is holding my original marksheets as “security” under an 18-month bond. Can I resign during probation? [India]

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User_d5f3c46e
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May 5, 2026 at 4:55 am

I joined an organization on **16th February 2026** and signed an **18-month bond agreement** on joining. I am currently in my **3-month probation period**.

At the time of joining, my employer took my **original educational marksheets** as security, saying I won’t leave without notice. I was not fully aware of the legal implications at the time and agreed.

Now, due to certain HR policies I am uncomfortable with, I am considering resigning. I have a few questions:

1. Is it **legal for a company to hold original marksheets** as security in India? Can I demand them back?
2. Is an **18-month bond enforceable** — especially when I am still in probation and no specific training costs have been mentioned?
3. What is my **notice period obligation** during probation, and can I resign right now?
4. If the company refuses to return my documents, what are my **legal remedies**?

I have read that retaining original documents may violate Article 23 of the Constitution and amount to bonded labour. Is this correct?

Any advice or experience from people who have been in a similar situation would be very helpful. Thank you.

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