nelsonthomas9102
62

I read recently about an employee in a Western country, who slipped and fell in his bedroom when he was walking to the room where he had his work laptop. It was later ruled by the court that he was eligible for industrial injury leave.
I just want to check if any changes have been made in India to the industrial injury leave norms, for employees working from home.

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Nelsonthomas9102
Hr Executive
KK!HR
Management Consultancy

KK!HR
1401

The statutory enactments covering work related injuries has never considered the Work From Home (WFH) phenomenon like EC Act 1923, ES I Act 1948, Fatal Accidents Act 1855 etc. In EC Act, it is only the blue collar workers are covered. So a WFH situation won't be attracted. In ESI Act all sort of workmen category are covered and an employment injury (say for instance employment injury caused due to falling down at home) would get covered. Presently there are no court judgements on this point and we may have to await for the same before a confirmatory word is said.
From India, Mumbai
saswatabanerjee
2357

Indian courts are more rational and aren't likely to give such a judgement (my personal opinion)
American courts give judgements based on 'jury of peers' which are easy to influence by lawyer's antics and their sympathy for a fellow employee

The purpose of industrial injury protection under various labour laws in india are to ensure that companies follow the relevant safety provisions and do not endanger the workers by reckless procedure, lack of facilities, etc.

Where the person is working from home, the facilities or lack thereof are his own. Holding the employer liable for his mistake, whether it is carelessness, or lack of safety measures, is not tenable in Indian jurisprudence.

But as I said, this is my opinion and the Judges may, in their infinite wisdom, think otherwise.

From India, Mumbai
yessirvijaya@gmail.com
6

This refers to Employment injury - Work from home.

As the employers advised their employees to work from home, any injury happened during working hours, may be treated as employment injury. As the situation did not arise, there may not be any judgements from the Courts. But, in my view, injury that happened while working from home, sure get attracts EC Act., 1923.

Employers have been contributing ESI to the employees working from home, hence, the EC Act, too applies to the employees working from home.

From India, Hyderabad
saswatabanerjee
2357

I would disagree with the above
Though the employer is allowing / asking the employee to work from home, it is not his duty to make the said home safe for work. That is the responsibility of the employee himself. Therefore injury at home is not covered under the Employee Compensation Act unless the injury was actually and demonstrably linked to the work.

ESIC Contributions are not only for injury but for all illnesses. It is a medical insurance. therefore just because the employer is paying ESIC contributions for those working from home does not make him liable for home injury.

From India, Mumbai

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