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stella (team lead)     22 December 2011

Unusual scenario

Hi, I am working for a bpo and had a driver working for about 19 months. During diwali he asked for bonus and we gave him Rs 1500 as i am also working and do not get any bonus. He said he will leave if we do not give him more movey and asked for his salary and it was settled. Twice before he had left on his own and rejoined after 2 weeks. This time I thought that even if he comes back we will not take him. Mow we have got a legal notice that he was terminated without any notice and wants 1 lac compensation. First thing is that we did not send him and he wanted to leave and the secong thing is that he has mentioned taht he has worked for 3 yrs but he has hardly worked for 2 yrs. I am shocked, surprised. How do i go abt it. This old driver had cataract surgery sometime back and my husband did not even want to cut his pay when he had taken 15 days leave, since he was a very old person we felt sorry. Now this is a big shock



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 1 Replies

Rajesh Hazra (Mediator and Legal Counsel )     23 December 2011

You need to prove that your driver was on a casual basis and there was no continiuty of service in this case.  You need to prove to the labour dept that you have paid the due compensation on leaving the engagement, and he has left on his own.


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