According to Article 9 of the "Labor Contract Law of the People's Republic of China", when an employer recruits workers, it shall not detain the worker's resident ID card and other documents.
Therefore, the company has no right to keep the employees’ documents. If an employer illegally seizes an employee's documents or items, according to Article 84 of the Labor Contract Law of the People's Republic of China, employees can safeguard their rights and interests by complaining to the labor administrative department. In addition to legal restrictions, companies are not required to keep employee IDs or certificates.
Generally speaking, employees’ documents or certificates are their personal property and should be kept by the employee during the period of employment. However, in some cases, the company may require employees to submit relevant documents or certificates for verification or filing. In this case, the company can require employees to provide corresponding copies or scans, and file or keep them if the employees voluntarily do so. However, in this case, the company should clearly inform employees of the purpose and scope of use of the documents or certificates submitted, and must not use or disclose employees' personal information without authorization.
In short, the company has no right to illegally seize employees’ IDs or certificates, but within reasonable limits, employees should keep their own IDs and certificates. If the company has any violations, employees can safeguard their rights and interests through legal channels.
In addition, according to Article 50 of the "Labor Contract Law of the People's Republic of China", the employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and shall issue a certificate of rescission or termination of the labor contract on the 15th day of the month. Handle file and social insurance relationship transfer procedures for workers within days. Therefore, when an employee leaves the company, the company is obliged to return the employee's certificates or certificates in its custody to the employee, or negotiate with the employee to determine how to handle these certificates or certificates before the employee leaves.
In specific practice, the company and employees should negotiate and communicate based on the actual situation to ensure that the rights and interests of both parties are protected. If the company needs to keep employees' ID cards or certificates, it should clearly stipulate relevant storage procedures and return times, and ensure that employees' ID cards or certificates will not be leaked or misused. At the same time, employees should also understand the company's custody requirements and abide by the company's regulations to ensure that their rights and interests will not be infringed.