Company Liability for Two-Wheeler Commuters: How to Communicate the Policy Effectively?

Dear Team,

Please note that our company has provided transportation; however, some employees are still using two-wheelers. We need to inform them that if anything happens while they are on the way to the office, the company will not be held responsible.

Kindly guide me on how to draft this policy.

Regards,
Harini

Dear Harini, you requested a draft of the letter to be issued to the employees who make arrangements for their commutation on their own. The objective of the letter is to pass on the onus of untoward or unpleasant incidents to the individuals involved in them. To transfer the responsibility, you need not issue the letter. An undertaking for ownership of personal arrangements can also be obtained from the employee.

Whether you issue the letter or obtain the undertaking, the question that arises is: what if some untoward incident happens when the cab facility is provided by the company? Will the claims for injury or death itself be attributable to the employer? If yes, then what is the procedure for claim settlement? What is the difference when a person rides on one's own and avails of company-provided cab service? Are you clear about it?

Instead of riding/driving on one's own, when one commutes as a passenger, the onus of safety and security shifts to the driver of the vehicle or rider of the two-wheeler. Therefore, availing of the company-given cab facility is in the interest of the employee. This point you may communicate and end your letter there itself.

Thanks,

Dinesh Divekar