How Do You Handle Driver Accidents During Probation? Seeking Policy Insights

Hi, does anyone have a policy for drivers who have an accident while still on probation? Do you fire someone who has been employed as a driver but has an accident while on probation, whether the fault is the person's or not? I need to draft something quickly and want to see what's already out there.

Thanks
Regards

Placing a new recruit in a particular post for a certain period of probation is to ascertain their suitability for confirmation. Whether a driver is appointed to drive a car or a goods vehicle, they act as a caretaker as well as a confidant. If they fail in these qualities, how can you confirm them? However, in the case of an accident, all mitigating circumstances should be taken into account before termination.
Regards

The law does not distinguish between probationers and regular employees in a situation where an employee meets with an accident or dies while in service. They are entitled to all terminal benefits irrespective of their employment status. In this particular case, the driver is also entitled to full medical treatment under the provisions of the Employees State Insurance Act. The organization, represented by HR, has a responsibility to follow this approach. Other issues come later.

Hope this helps.

Regards,
PG

Thanks, PG. No one was hurt, but the car is damaged. The driver has been employed for only two months. I can't find any law on this and need to write a policy now, as another driver has also had a minor accident. So, we need to have a policy in place for such situations.

Regards,
[Your Name]

Can you actually have a policy in place for this?

Policy for Termination During Probation

Can you have a policy that states, since you are on probation, you will be terminated in case of an accident that was not your fault, was an act of God, or completely the fault of a jerk driving drunk on that day? Since the driver is on probation, there is nothing in the law preventing the termination of the driver during the probation period (we are not talking about denying compensation related to the accident, right?). However, if it was not his fault, is that fair? More importantly, perhaps, are you losing a good driver for no fault other than that he was on probation?

Determining Fault in Accidents

How do you determine whose fault it was? Mostly you will believe the passenger he was carrying. Or if you have GPS devices fitted that tell you what speed he was driving, it will give you a good idea.

Impact of a Strict Policy

Take a different view now: Suppose you make a policy stating that any driver having an accident during probation will be terminated. So every new driver will drive VERY carefully during the probation period. He will probably drive slower than necessary, causing delays and probably damaging the car due to excessive driving in a lower gear. Once he is out of probation, he will start speeding and acting recklessly, maybe out of pent-up frustration from the previous periods.

I would say you do not need a policy. Instead, you need to take each case on its merits and decide.

Yes, I do concur with Saswata. "Accident" is one of the words that elude a precise definition both etymologically and legally. That's why it has been defined legally as "an act of God". An organization's general policy of staffing, which covers matters such as recruitment, confirmation, etc., would be sufficient for the case of drivers as well.

He is entitled to compensation from ESIC or from the employer under the EC Act or MV Act if it is not due to his fault (subject to other provisions of the Acts). If the accident is due to his negligence, his performance is poor, and he can be fired.

Regards,
Varghese Mathew