Thread Started by #kavithabajaj

I would like to know the law against taking declaration on Employee safety during his/her travel from Home to office & office to home while using his/her own mode of transport.
Please suggest me is it ok to take a declaration from employees that if the safety is not ensured by them during their travel to home to office & office to home then it is not employer responsibility after giving training on safety rules.
Or is it employer responsibility .
5th December 2018 From India, Bangalore
Hi,
The employer just doesnt want to take responsibility of their employees in case of any accident /incident.
i guess you need to give the importance of employees to your company before taking any decision. As far as my experience is concerned i havent come across any employer putting any sort of Policy on the travel accident.
Better would be to have a mediclaim policy and get the accidental insurance covered in it. This will be a win win situation for both.
Thanks
5th December 2018
Dear Kavitha,
If an employee is using his or her own transport for commuting to the office, then the employer is not responsible for their safety. As you have already provided training on safety rules, that should be enough.
Unless the employees are travelling in company provided transport, you cannot be held liable for any unfortunate incidents. Hence, there is no need to take a declaration from your employees if they are using their own mode of transport.
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Regards,
Sairam Bandi

5th December 2018 From India, Bengaluru
Dear All
We are in heavy fabrication manufacturing industry, we have approaches to the various Gov. organisations, for that we are applying for ISO certification.
We are requesting you to please share the various formats required for manufacturing industry.
Regards
Sherkhan B Pathan
5th December 2018 From India, Mumbai
Dear Anonymous
The undertaking has no legal locus standii, it can be a psychological reinforcement on individual to observe safety. Otherwise employer may be hold responsible for compensation for an accident while commuting to and fro for attending the duty.
As per section 3(1) of employees compensation act, an employer is liable to pay compensation if a personal injury is caused to an employee by accident arising out of and in the course of his employment. Thus the three tests are:
1. There should be accident
2. The accident should be arising out of and in the course of employment.
3. The accident should result in disability, whether temporary or permanent; partial or total; or death.
Shailesh Parikh
99 98 97 10 65
Vadodara
5th December 2018 From India, Mumbai
Instead of declarations,take accident cover policies for unprotected employees
Some may have ESIC
Others who draw more than Rs21000 will need insurance cover.
6th December 2018 From India, Pune
If the employer is really concerned about the safety of his employees, he may go for Employee accident policy with 24 hours coverage, so the question of "arising out of" or "during the course of" or "notional extension" etc. can be avoided.
7th December 2018 From India, Madras
A group accidental policy will serve the purpose. I gives a feel to the employees that the employer cares and thus motivates the employees. the Group accidental policy comes with a very less premium. We have done this for our employees.


Prachi Gedam
10th December 2018 From India, Pune
Hi,

No need for any self-declaration.

As in the previous replies Employer is responsible only when the accidents happen during the course of employment.

If company is providing transportation then until dropping of Employee; the employer is responsible for accidents.

Easy way; don't take declaration or don't say that the employees accidents are not covered by Employers. In India, this is an emotional issue. Instead you can go for a GPA (Group Personnel Accident) policy from insurance companies which cost not more than Rs. 50 for an employee for a year. You can also advice the ESI covered employees to take max. benefits from ESI and help them to get it.
11th December 2018 From India, Chennai
Hi Kavitha,
I understand your anxiety to have cover against accident risks of transiting employees. As you know there is no foolproof tool to safe guard imminent accidents howsoever precautions taken which can address the costs only. No facility can guarantee accident free travel or 100% recovery/restoring to original health post accident. Realising this reality as an employer, can only ensure pre-arranged accident insurance cover and facilitating proper ESI procedures as other learned members indicated. If the insurance so arranged provides for 'cash-less' facility that's ideal.
12th December 2018 From India, Bangalore
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.

Varghese Mathew
12th December 2018 From India, Thiruvananthapuram
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