Concerned About Tuck Shop Owner's Safety at Night: Are We Legally Responsible?

Dear All,

We have a small tuck shop at my office premises run by a female owner. The company is an MNC based in the USA. Hence, the company operates only at night. Therefore, she visits her tuck shop during dark hours as well. If something were to happen to her during these hours, would we be responsible for it? I am simply curious about her safety as she is a third-party person, and we do not have any undertaking form signed by her. If there is any legal advice on this matter, please suggest it.

Thank you.

Responsibility for Female Employee Safety During Dark Hours

As a principal employer, you are responsible for anything happening to a female employee during dark hours. Therefore, provide her with the utmost safety and inform the local police station about her employment. Regardless of her signing a risk undertaking regarding her safety during dark hours, you are accountable for any untoward incident happening to her. Such incidents may lead to legal complications and be punishable under the law.

Dear Gyandeep,

Have you rented a part of the company premises to run the shop? Do you receive rent from the woman who operates the tuck shop?

There are two aspects to consider here. Firstly, she is not employed by your company, so there is no employer-employee relationship. However, whether it is during nighttime or daytime within the company premises, her security remains the responsibility of your company. If an incident occurs outside the company boundaries, she is responsible for her own safety.

When renting out the premises, include a clause regarding the renter's security in the rental agreement itself. This will address your concern.

As a precautionary step, you may consider placing a female security guard in the shopping complex where the tuck shop is located. The presence of a female security guard will benefit both the women employed by your company and the woman running the tuck shop.

Thank you,

Dinesh Divekar

Liability for Tuck Shop Operations on Company Premises

The fact is that the lady is running a tuck shop on your premises. In simple terms, the shop is located on the owner's/employer's premises. However, the shop is owned by the lady, and she is conducting her business on the premises of your establishment. According to the principle of law, the owner of the premises shall remain liable for any incident involving the lady or personnel engaged by her.

It would be prudent to sign an agreement as a tuck shop vendor for running her business at her own risk. In the presence of an agreement, the principal employer will be relieved from liability that may arise from any untoward incidents.