How to Address Work-Related Illness Clauses in Appointment Letters for Construction Employees?

Hi Seniors, I am working as an HR manager for a construction company. Now we need to give appointment letters to our employees. Can anyone please suggest how to add a clause related to an illness an employee suffers due to work pressure, but the company is not liable for their illness? Your kind suggestions are most welcome.

Regards, Rahul Sharma

If any employee suffers any illness during the course of employment, it is the ultimate responsibility of the employer to provide respite to him/her. Even if your company is not interested in extending this gesture, please try to avoid including this type of clause in the appointment letter.

Hi, In today's corporate world, the mentality of most business owners or so-called entrepreneurs aims at the success of their business only, without any commitment to the workforce (who are the backbone of the organization) except for salary. You have explicitly shared in an open forum that this is the difference.

Adding a clause about company responsibility for work-related illness
Adding a clause in the appointment stating that the company will not be responsible for any illness arising out of work pressure is not ethical and also not legally sound.

Imagine if employees come to you with statements like "we are not responsible for the loss incurred by the company due to the grave mistake committed by us in the work." Would you or your management agree with this?

It is better to avoid adding such a clause in the appointment letter.

The suggestion to include clauses attempting to absolve the company from responsibility for harm or illness caused by work stress will not be tenable. The company is expected to create a happy working atmosphere for employees to maximize productivity. There was a recent Bombay High Court judgment regarding the duty of the employer to compensate for injuries caused by stress from employment. Be a model employer.

Thanks, Sir, for your valuable input. Have a small query - if the employee is not mentally strong enough to bear the workload 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.

Does it mean your organization has a toxic culture that is making employees sick? Think like a human being first; convince your management to stop this nonsense clause.

Keys to Business Success
The keys to the success of any business are directly related to healthy employees.

The personnel in the HR department are assumed to be experts in the field of human relations, and they are expected to guide the management in matters of human relations and advise on what is right and what is wrong. They are not there to carry forward the inhuman policies of the management; instead, they should advise the management on what can and cannot be done. Management will make itself a laughing stock by including illegal clauses in letters of appointment. If an employee suffers illness due to work pressure, the management may have to pay damages to the employee for such stressful working conditions.

Hello Rahul, It is absolutely inadvisable to include such a 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 taking up the entire responsibility of treating an employee's mental illness, even though it wasn't caused by workplace stress. As an HR professional, you can come up with various ideas through games, activities, and other practical employee engagement initiatives to minimize stress and work pressure. I believe it will be highly appreciated.

Best wishes.