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Notice from ALC for driver hired without any paperwork or contract
09-Aug-2023 (In Labour & Service Law)
I employed a driver in household for last 4 months. Paid him fully and more. No contracts, no paperwork, no receipts. all cash payments. Now the guy has complained to ALC against termination and wants 3 months payment. All the driver had was a gate pass for apartment complex. 1) How can the ALC send me a notice without a formal basis for complaint (no contract). 2) Should i ignore the notice. It's just harassment. 3) What's the maximum ounitive power of ALC? Can it become a civil case 4.) In my absence can the case be decided against me even if there is no contract. thanks
ALC is a conciliatory authority and has no powers to decide anything. In case of a dispute he tries a conciliation between the parties and if that does not happen he refers the case to labour court. The ALC must send a copy of the complaint along with the notice. To start with you can ask for a copy of the complaint.
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Dont worry for sure all assistance would be given to you and if you are right from your side your all right would be restored and protected .Under the legal recourse & procedure and for any further information please feel free to contact me and fix an appointment with me.
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Adv. Shaifali Gaur
Faridabad | 100+ Answers
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If you have received a notice from a Court of Law then you must make sure that you do not go unrepresented as that would lead to ex parte proceedings that is in your absence and an adverse order against you could be passed. You must show the legal notice to a lawyer and submit your reply to it accordingly. The fact is that the complainant had been your employee for only four months therefore there would not be much claimable against you.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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