• Terminating the employment of domestic help + removal from premises.

We are a family whose domestic help -- a husband and wife couple and their daughter -- live in a quarters adjoining our house. They have resided there for 5 years, and both husband and wife have some source of employment and income from our home.

The husband has a long history of alcohol abuse which has escalated over time. He has become a public nuisance and has, on many separate occasions, disturbed the peace in the neighbourhood. He is verbally abusive towards his wife and daughter and is violent with them both. At a previous time, there was a sexual harassment complaint made against him by his daughter which was later withdrawn by her. 

In view of this general trend, and specifically spurred by a recent incident of public nuisance, we would like to terminate their service and remove him - in particular - from our premises. We are open to supporting his wife and daughter to a limited extent -- and especially helping them to find a safe haven to reside in temporarily. However, our most important objective at this time is to remove the husband from our services and to terminate his access to our home and premises. 

Can you advise: both on how to restrain the man / limit his access to the home and on any possible help or advise to offer his wife and daughter (within reason and limits)?
Asked 7 hours ago in Property Law
Religion: Hindu

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3 Answers

Since there's no contract or employment agreement and this seems to be an oral engagement, you don't have to follow any legal procedures to terminate the oral employment.

As a matter of fact, the harassment by the male domestic help to his family members is his personal affairs which you cannot interfere nor you are not obligated to protect his wife and daughter from his cruel clutches.

If at all she faces any problem she can approach legal forum and you can guide her if she approaches you for any assistance in this regard.

You can call him and strictly inform him that since his behaviour and the nuisance he creates is intolerable, ask him to leave, you can settle his dues before he leaves.

You can avoid getting into legal trouble in the name of helping his wife or his daughter, because if he lodges a false criminal complaint against you for harassing or threatening him and his family members, you may have to face unnecessary problems, though you may solve them properly but it may take time.

Therefore you may better try to solve it amicably and become free of him.

If he threatens or intimidate you then you can approach police or a local lawyer for initiating appropriate legal action.

T Kalaiselvan
Advocate, Vellore
90323 Answers
2515 Consultations

You are at liberty to terminate his services and ask him to vacate the premises 

 

2) his wife can obtain restraining order against her husband by filing DV case 

 

3) seek maintenance from husband for herself and haughtier 

Ajay Sethi
Advocate, Mumbai
100120 Answers
8174 Consultations

It’s an at will employment and can be Terminated 

Prashant Nayak
Advocate, Mumbai
34772 Answers
253 Consultations

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