Saswatabanerjee
Partner - Risk Management
Apex Management
Labour Laws Consultants
Rajesh Kumar Dubey
Manager - Hr
+1 Other

Hi
If a factory/company allows some NGO to enter in the factory promises to do the gardening work, growing the vegetable and donate the same to the needy (just like CSR) along with the workers of the Factory (On Voluntary basis). During the such process if any accident occur to any person either NOG or Company.
Company has an agreement with the NGO and the undertaking from their worker that there is no responsibility of the company, in any manner for any type of accident or injury.
What is the responsibility of the company.
whether company
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Company Officials / Authorised person of the Company may face undue trouble in case of any casualty / death / accident of the worker of NGO.
Inspite of valid agreement,Occupier / Factory Manager of the Factory is liable to be interrogated and many other irrelevant problems and enquiry by the Invesigating Officer. Suppose if the any cause / action of the factory Operation becomes a reason for casualty of NGO worker then automatically Factory Management would be vicariously liable.
At last make sure that all person of NGO must be coverage of Insurance or ESI. They must be having properly head counted while entering or exit in premises.
Sir,
Before concluding on the above, we have to go through the definition of "employees" as defined in section 2(9) and "wages" section 2(22) of the ESIC Act.
As narrated by Sh Deep Chand Advocate, the work is being done by a NGO without remunerations on volunteer basis but within the factory premises having valid agreement document. Now, when the volunteer of NGO do not get any remuneration from the factory and do not fall within both the above definitions, how responsibility for untoward incident lies on the factory legally.
However, morally if such incident happened in the factory, one can be questioned as witness but in my opinion, no financial implications can falls on the shoulders of the company under WC.
P K Sharma
The definition of worker in a factory covers every person who is in the factory except the factory manager.
So, the safety, compensation and other regulations apply as much to the ngo worker as to the direct worker. You can not escape liability. In fact the fact that these people are not paid, etc will create further problems. This whole procedure should be stopped
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