Employee Safety - is it ok to take a declaration from employees that if the safety is not ensured during their travel to home to office? - CiteHR
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The theory of notional extension of course of employment may cover the way from home to office and back subject to facts and circumstances of each case.
EC Act will apply only if the accident victim comes under the definition of employee under that Act.
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Who wants to be careless while traveling to the office from home and coming back home? Before or after office life is something personal and I don't think your management is really concerned about their personal life.
So, in that case, there is no question about taking a declaration from the employee which is also not professional and ethical.
Also, this is the matter of self-realization, but with the matter of concern, you can opt for the accidental/ health policies like other said above, and the subject can also be included in motivational /orientation program and sessions for motivating them for safe behaviors in the workplace, and out of office.
Dear Anil,
It's near impossible to pre-judge what's 'careless travel' and what's 'careful travel'. Accidents keep happening despite care taken by all. And in country like India travelling by road thru' milling crowd & bumper-to-bumper vehicles is really a nightmare as you know. We are witnessing time & again innocent pedestrians run over speeding vehicles for no fault of theirs. Whom to blame. And how any pre-arranged declaration would guarantee accident free commuting? And how far legally help employers get over claims emanating from accidents to & fro office & home. That's the point of discussion. Excepting those try to commit themselves to suicide no one wantonly give up their lives isn't? May be as you said imparting awareness while commuting could help the victims.
Normally the casual connection of employment while travelling to and fro to the workplace becomes the test.
Once that is established, it comes in the purview of "ARISING OUT OF & IN THE COURSE OF EMPLOYMENT" and the employer becomes liable.
For the purpose, many employers have taken Group Personal Accidental policies.
My question on this issue is that after taking the undertakings from employees,will the employer take responsibility to compensate in case of accidents occurrence inspite of adequate safety taken by the employee during the course of his travel from home to office & Back? Probably - No.
And in fact, the taking of such undertaking may kick back to employer.
Better options are - cover employee under ESIC/ WC Poplicies and additionally provide accident benifit cover which will always be helpful to them.
Accidents/ incidents can happen with any body at anytime. Keep employees well aware through training on road safety and general safety practices and make them understand and feel how important they are for their families first and for the organisation.
If employee met with an accident during travel from one site to other and he take leaves but doesn’t have leave balance. Then does the employee will be paid for those leaves or not.
A person when he/she avails an approved leave at a time having leave balance to his/her credit will be paid salary. On the contrary, avails approved leave without, having a balance in his/her leave a/c is considered to be 'LWP (Leave without pay)'. When either his application for leave is not approved/rejected and still not reporting to duty and/or abstain from work/duty without intimation will be treated as "Absent".
Your doubt is relevant to any of the above. When you say 'taken' leave without any leave to his credit, you have to check whether his application for leave was approved by his HoD or any authorised officer or not. If he had applied, no credit to his leave a/c. but still he was permitted such of his days will have to be treated as 'LWP' and no salary will be paid (not eligible). In case proportionate leave or credit is permitted as exceptional case due to genuine reason, to be adjusted against future accruals/credit of leave-in advance, he may be granted leave with pay(though it's not a right some departments follow this practice at their own discretion in a rare or rarest case, sometimes it's done secretly in order to help sincere & devoted employee whose contribution is appreciated by one and all, in short, for those in good books).
If you send employees offsite then you are responsible. But employees also have responsibility on themselves that they pose no danger to themselves or create unnecessary trouble. Travel insurance is must for overseas or otherwise. Per day allowance as prescribed and decided by management is necessary to be remitted to their account based on period of stay. However other travel claims can be settled on their return. Thanks. Guru
During the timing of employee shift if employee goes outside for his personal work take permission slip with approval authority for avoid responsibility otherwise if he goes for an official then it will employer responsibility.

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