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
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.
22nd December 2018 From India, Gurgaon
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.
22nd December 2018 From India, Bangalore
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.
26th December 2018 From India, Mohali
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.
30th December 2018 From India, Vadodara
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.
13th January 2019 From India, Mohali
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).
14th January 2019 From India, Bangalore
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
20th January 2019 From India
No!! You can't do it,
Ref: https://www.linkedin.com/pulse/emplo...on-prof-mishra
30th January 2019 From India, Chennai
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.
6th February 2019 From India, Indore
Very interesting post,please see the written declaration can be taken on safety rules because in my past job in Buying house ,the one QC has been expired due to helmet not wearing while driving scooter ,after employee dealth the owner taken a step ahead and taken declaration on safety rules to be follows otherwise we will terminate you.
After some times employer also checks the bikers for helmet with good quality,seat belts wearing by car drivers and helmet wearing by pavillions.
I think there is no violation if employer lost an employee only due to safety compromised while driving.
best Regards
Mohammad Sajid Ansari
Global Overseas
7th February 2019 From India, Gurgaon
In reference to your post for self declaration for Safety : which is not atall required.
As during travelling form home to office there is traffic police dept to force them to have safety by law, if they dont follow said rules they will be penalized. and if in case liability is concern I know some companies who take responsibilities of employee if in case of accident happen during transit to or from office and give compensation for any loss.
And there are active depts. to take care of this.
13th February 2019 From India
They don't want to take responsibility of their employees...
gmail sign up
20th March 2019 From Vietnam, Hanoi
Employer is not responsible for the outside happening /movement of employees after office hours. However Employer is responsible when they are away due to official work (on duty). In the better interest of the welfare of employees Employer can provide for Group Personal Accident Policy for all employees. Being from HR we can promote awareness among employees regarding compulsory usage of helmet, wearing of seat belt, following road roles etc.

If self declaration obtained that would demoralize the employees which will have impact on their work put.
11th April 2019 From India, Madras
Legally a 'Declaration' of any sort aimed at freeing the employer from possible accident related claims & expenses relating to incidents occurred in work places & 'in the course of employment', commuting between residence to office cannot absolve the employer from facing the consequences. I have not come across such a tool coming into the rescue of employers so far. Insurance policies both Accident/life & health insurance might help meeting financial obligations only.
On the other hand, presumably, if an accident occurs including fire, due to negligence of employers' /lack of preparedness, non-compliance with safety measures, will a declaration signed by victimised employees come to rescue of employers and safe guard them from criminal proceedings as per law?
Members may please share any such instances for our knowledge.
11th April 2019 From India, Bangalore
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