Dear All HR friends, If contractual manpower fights after office hours and outside office then who is responsible for compensation. Principle employer or contractor will pay that amount to the worker. Actually two workers fight with each other and found few injuries. Please advise.
From India, Noida
KK!HR
1044

Prima facie both the Principal employer and the contractor are not responsible for payment of compensation for a fight which had taken place between contract labourers outside their place of work and beyond the work hours. Was it in any way connected with employment or a purely personal or private matter? Give more details for a definite opinion.
From India, Mumbai
Sonia ji,
Were the insured under ESI ? Question of compensation would arise only when ESI is not applicable or employees are not insured under ESI. Moreover, if the empliyees file a claim under Employees' Compensation Act 1823, the principal can always deny their liability. If there is any agreement between your company and the contractor, then you can take shelter thereunder as well.
S.K. Mittal
9319956443

From India, Faridabad
Dear Sonia,
In my opinion, a scuffle among the contract workers outside the office premises and office hours resulting in injury to one or the other is a criminal act for which neither the principal employer nor the contractor has any vicarious or original liability to compensate the injured. Even if the scuffle can be connected with any employment matter, it cannot be an employment accident to which the doctrine of notional extension of time and place could be applied as the persons indulging in such street scuffle are exposed to the risk of injury like any other members of the public involving themselves in a similar situation.

From India, Salem
nathrao
3092

Scuffle and fighting outside office hours is a criminal offence and neither PE nor contractor has anything to do with that.
If they are insured they can claim accordingly based on injury report and probably even a police investigation etc.

From India, Pune

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