COMING AND GOING FROM/FOR DUTY ...Is Also Duty Hours Of Coverage Sir? - CiteHR
Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
Natraj@sakthimanagement.com
Head - Outsourcing
Pvenu1953@gmail.com
Retired Government Servant/advocate

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If an employee met accident while going home from factory after duty...... any liability from Employer end and some said that COMING AND GOING FROM/FOR DUTY also comes under duty... IS it true sir?
COMING AND GOING FROM/FOR DUTY is also comes under the liability of Employer...If any body attains death while going from factory after duty hours... is there any employer liability implies?
Employee compensation act provides for compensation to be given in case of death on duty.
Duty ends when the employee finishes his work and proceeds for home. So in case of death during travel to or from home the employer is not liable for compensation
The rules are different for those covered under ESIC

Excepting terminal benefits, no law binds an employer for any liability towards the employee for any incident that happens before and after duty hours. If any emloyer, out of sympathy, prefers to pay any ex-gratia amount that can be considered his gracefulness.
Excepting terminal benefits, no law binds an employer for any liability towards the employee for any incident that happens before and after duty hours. If any emloyer, out of sympathy, prefers to pay any ex-gratia amount that can be considered his gracefulness.
The rule position quoted by Saswata is in line with the legislation. It is not out of sympathy !! Dr.D.NAGESHWAR RAO
The concept of notional extension of work applies here. There are many court judgements which endorse the view that the time an employee commences his journey from home for work till the time he reaches back home after work on a normal route which he takes daily is considered to be notional extension of work and is considered on duty.
As stated by Anonymous the theory of the notional extension of the place of employment has to be applied to the facts of the case. This theory has got its own nuances which can not be explained here
Concept of notional extension in employee compensation act will apply only if the transport is provided or controlled by the employer. If the employee travels on his own and by transport independent of the employer in all aspects, the employer is not liable to pay a compensation
The concept of notional extension of work applies in all cases where an employee uses the normal route in a regular mode of transport and is not restricted to official transport. In one of the court cases, an employee used to walk to his work and get back in the same route and in the process, he used to walk across the railway line. During one of his walk back to his house, the employee was hit by the train and he died. Crossing the railway line is illegal. But, the court ruled that, since it was his regular route, and walking across was his regular mode, the concept of notional extension of work applies.
Anybody who has done his Masters in Human Resource, would know this concept, since one chapter is dedicated to this concept and it is dealt extensively in the class.


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