Dear All,
There is one issue happened in our company.
Company provides 1 hour lunch break. In which if employee want to go outside than they can go.
Lunch time- 12.30 PM to 1.30 PM
One employee got an accident during this lunch time... ( He is outside the company on his vehicle ). He injured lot...
Is company is liable to pay expenses on this accident?
our company domain is - IT
PF and ESIC are available..
Share your views....what is the further procedure..??

From India, Surat
Dear Rakesh ji,
Lunch time is considered "on duty".
Even journey hours between house and place of work are considered for payment of compensation in case of accident, as a notional extention.
In your case, the accident occurred in duty hours. You need to submit accident report to various authorities immediately, including ESIC if employee is covered under ESIS.
Fortunately the accident is not fatal. The IP must have admitted not in ESI Hospital due to emergency. You need to write this to ESIC and claim the expenses incurred. You need to submit a certificate by hospital for absece of IP to ESI BO thr' ESI panel doctor. The corporation is liable to pay the expense incurred, subject to its conditions. The corporation is liable to pay leave salary to IP. There is one form also to my knowledge to claim the expenses incurred in non ESI hospital under certain circumstances.
You are advised to approch ESI BO.

From India, Mumbai
Lunch time comes into duty hours and in case of any mis-happening held with the employee, company need to pay for that. Also, it is a part of employment agreement and depend on the clause or section of the agreement so company may deny it if they do not allow an employee to go outside the office premises within duty hours.

From India, Lucknow
Dear Rakesh,
My opinion a bit different from others. It is true that lunch hour comes under duty time, but it is a duty of employee or worker that he remain within Factory/Office premises. If he goes out from your factory or premises without any official work and meet out with any accident than it is a not a liabilities of employer to bear the expense or take the responsibility, it is purely a liabilities of employee/worker.
You need to check that did he take any gate pass or sign any register for outside movement, if he done the same then it is not your responsibility but if you didn't take the same proof than he can claim that he was out of office due to official work etc.

From India, Delhi
Vm1112 , There is swap card facilities in our company. without swap the access card, no one can enter or exit from the company. so we have actual data of lunch time.
From India, Surat
Hi Rakesh,
With respect to Keshav's expert opinion.
It occurred to me:
Is the lunch hour paid or unpaid?
If paid, I would concur with Keshav's view.
However, if it is unpaid then surely, the employee is free to do whatever he wishes during the unpaid period.
Having said that, surely it is morally correct to support the employee in his time of need.

From United Kingdom, Barrow
Hello Vm,
Though it is expected that employees stay inside the office premises in lunch hours, it is not always possible.
Let us take my case. I am working in a small office in an industrial estate. We have to bring tiffin for lunch or go out to have lunch. If on a said unfortunate day I could not bring my tiffin and had to step out for lunch, and met with an accident, am I at fault?
Just asking so that I can understand the liabilities better. I would appreciate if you can educate me on the said matter. Thanks in advance.

From India, Mumbai
Mr. Harsh, There is 8 working hour in which employees spends one hour as lunch break. Its also the part of daily working obviously its paid
From India, Surat
Well, even i believe that company should take care of it however when there are no rules and regulations for going out during working hours (whenever employees feel like), it should be made crystal clear that if an employee goes out without the permission of his/her reporting manager then company will not be liable for any mishappening.
Reporting manager should be kept informed as due to some personal reason anyone might have to go outside to complete/do some urgent work then these issues should be entertained otherwise NOT.. (We have to be polite but have to be strict too)
Sr. HR Executive

From India, Kanpur
Dear friends,
In my opinion it all depends upon how does a management react to situations such as this. While we all can keep quoting this rule or that but at times such as this, an organization should and MUST rise above all that is written in black and white and come forward in protecting an employee and extend, without a blink of an eye, all help.
On the other front we keep talking of CSR or what have you !! And then why not our own employees ?!?
Just ponder ?!? Seriously !!
What in case an employee goes out for a personal job of a senior and meets with an accident ? Would you quote rules and regulations then ?!?
Sandeep Sharma

From India, Mumbai

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