You have posted that:
>>> "My friend working in one medium scale private software company.'
Such companies are covered by State Shops & Estbs Act and have to submit prescribed registers under State Shops & Estbs Rules e.g;
Punjab Shops & Estbs Act, Punjab Shops & Estbs Rules
( Haryana also follow these)
https://hrylabour.gov.in/docs/labourActpdfdocs/The_Punjab_Shops_and_Commercial_Establishments_Act_and_Rules.pdf
https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Delhi+Shops+Act,+1954/
>>> "1. Company’s owner treatment towards employee is worst. He wants that employee should work late night and for this, he increases the workload. (e.g. - work is given/discussed on late evening & he ask output next morning just at office start time. If employee says that will take time, then company owner says, "Work overnight, work on Sundays. But my work need to be done")'
Generate irrefutable evidence (audio/visual/witnessed/minuted).
This can be termed demand of OT and OT can be claimed.
Employer should pay OT with monthly wages.
Employee should claim OT in reasonable time.
Employer has to record OT in registers under State Shops & Estbs Rules .
Apparently your employer is fudging the data.
Your employer may claim that the employee did not complete the routine daily work and stayed by his own will to complete and wass not asked to do OT.
If you have irrefutable evidence you can succeed.
There are many employee's/IT-ITeS employee's union and have affilliated with Trdae Unions and have done god job.
Employee's and unions can counter the false claims of employer and generate evidence and even arrange inspection by Inspectors appointed under State Shops & Estbs Act, O/o Labor Commissioner, Higher Officials of Dept. of Labor........................
>>> "2. Even if employee servers notice period after giving resignation, company owner doesn't provide Reliving & experience letter."
Reliving & experience letter has become a prcedence to remain employable.
Both have to be supplied.
Service Certificate is duly mentioned in Standing orders and each employe is eligible.
e.g;
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service. NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
https://pblabour.gov.in/Content/documents/pdf/acts_rules/industrial_employment_standing_orders_rules.pdf
|
1[FORM V]
|
| |
|
| |
[See Standing Order 1, Schedule I-B]
|
| |
|
https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Industrial+Employment++Act,+1946/The+Industrial+Employment+(Standing+Orders)+Central+Rules,+1946
Relieving letter signifies that employee has separated and nothing is due against employee.
>>> 3. This company take BOND of 2 years from employee. If employee resignation after BOND completion and leave company even after serving notice period than also company owner log fake FIR against employee about "stealing of company Data".
The Bond is created in lieu of what extra ordinary benefit/favor by employer to employee?
Or is it just against giving employment and employee should happily sign it since he/she has been given employment?
Bondage/bonded labor has been abolished in India!
Your own counsel may opine to Prove the false and fabricated and fake allegations and press claim of civil/criminal defamation, damages.
