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.
5th December 2018
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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5th December 2018 From India, Bengaluru
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.
Sherkhan B Pathan
5th December 2018 From India, Mumbai
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.
99 98 97 10 65
5th December 2018 From India, Mumbai
10th December 2018 From India, Pune
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
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
EC Act will apply only if the accident victim comes under the definition of employee under that Act.
12th December 2018 From India, Thiruvananthapuram
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
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
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
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
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
20th January 2019 From India
30th January 2019 From India, Chennai
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.
Mohammad Sajid Ansari
7th February 2019 From India, Gurgaon
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
If self declaration obtained that would demoralize the employees which will have impact on their work put.
11th April 2019 From India, Madras
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