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Ilya   09 August 2016

Household driver - harassment

I employed a driver for my household. He was in employment for 5 months and i paid him close to 1 month of extra payments and fired him (basically he was stealing money from my car and i didn't want to make it a police case). There is no contract, no receipt of payments, nothing. May be some sms asking him to come in morning and a gate pass for entry to apartment complex.

Nothing for him to prove that i even employed him on permanent basis. He filed a complaint and i received a notice from ALC. if i don't turn up then can the ALC still send it to labour court. Can a judgement be issued against me without any contract. This is a house not a company. I can employ a lawyer and perhaps answer the complaint (guess he wants 3 month redundancy package) but this is just harassment. Will the authorities dismiss this for what it is or they will admit it and pass a judgement, possibly against me even if there is no basis to even make a judgement.

 

I got the ALC notice but the complaint is not even attached to the notice. Just some information to appear before the ALC.

thanks



Learning

 4 Replies

Kumar Doab (FIN)     09 August 2016

ALC may accept apperance thru lawyer or may not. Check it locally.

Better is to close the matter once for all.

Look into Shops & Estbs Act for notice period.

In future prefer written contract, that your own lawyer can draft.

Sudhir Kumar, Advocate (Advocate)     10 August 2016

The driver is on correct path for nailing you Cat does not vanish if pigeon closes eyes

Sudhir Kumar, Advocate (Advocate)     10 August 2016

The driver is on correct path for nailing you Cat does not vanish if pigeon closes eyes

Sudhir Kumar, Advocate (Advocate)     10 August 2016

He has ample proof of being employed by you

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