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Rahul.shaunak
Hi Seniors,

I am working as an HR in a Construction Company. Now we need to give Appointment Letters to our employees. Can anyone pls suggest how to add a clause related to illness an employee suffers due to work pressure but the company is not liable for his illness.
Your kind suggestions are most welcome.

Regards,
Rahul Sharma

From India, Chandigarh
rkn61
624

If any employee suffers any illness during the course of employment, it is the ultimate responsibility of employer to give respite to him/her.

Even if your company is not interested to extend this gesture,even also please try to avoid this type of clause in the Appointment letter.

From India, Aizawl
vmlakshminarayanan
919

Hi,

In today's corporate world the mentality of most of the Business Owners or so called Entrepreneurs aims at the success of their business only without any commitment to work force, (who are the back bone of the Organisation) except salary. You have explicitly shared in open forum that is the difference.

Adding such Clause in the Appointment stating that Company will not be responsible for any illness arising out of work pressure is not ethically right and also legally as well.

Imagine if employees comes to you with a statements like " we are not responsible for the loss incurred by the Company due the grave mistake committed by us in the work" Will you or your Management agree with this ?

So better avoid adding such clause in the Appointment letter.

From India, Madras
nathrao
3131

suggestion to include such clauses trying to absolve company from responsibility of harm /illness created by work stress will not be tenable.
Company is expected to create happy working atmosphere for employees to get max productivity.
There was a recent Bombay high court judgment over duty of employer to compensate for injuries caused out of stress from employment.
Be a model employer.

From India, Pune
Rahul.shaunak
Thanks Sir for your valuable input.

Have a small query, if the employee is not mentally strong enough to bear the work load and falls prey to some sort of sickness due to stress, then what should the management do. as per my understanding, the management is not liable for such kind of illness arising due to stress.

From India, Chandigarh
vmlakshminarayanan
919

Hi Rahul, In that case you can filter during the interview process itself. By the by what is the nature of work which demands such strong stamina?
From India, Madras
ankit_hrd
5

Does it means your organisation have toxic culture to make employees sick?

Think like Human Being first, convenience your management to stop this nonsense clause.

The success keys of any business directly related to healthy employees.

From India , Delhi
jagadish347
4

7*The personnel in H.R. department are asumed to be experts in the field of human relations and they are expected to guide the management in matters of human relations and advise as to what is right and what is wrong.They certainly are not there to carry forward the inhuman policies of the management and they should advise the management as to what can and what can not be done.Management will make itself the laughing stock by having such illegal clauses in letters of appointment.If an employee suffers illness due to work pressure,the management may have to pay damages to employee for such stressful working conditions.
From India, Pune
Vaishalee Parkhi
175

Hello Rahul,

It is absolutely non-advisable to include such clause. It sounds rude and will give a first hand negative impression to your existing and prospective employees.

In fact I witnessed one of my mid sized clients had taken up entire responsibility of treating an employee's mental illness (even though it wasn't caused out of workplace stress)

As an HR, you can come up with various ideas through games, activities and such other practical employee engagement initiatives to keep the stress and work pressure to the bare minimum level. It will be most appreciated I think.

Best wishes.

From India, Pune
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