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Anonymous
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Hello Seniors, I would like to know what would be the liability of the CEO/ Director of a Company in case any employee of the Company attempts suicide at home for work pressure?
From India
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Dear Kumar,

You have asked about the liability if an employee makes a suicide attempt. However, you have not inquired about the responsibility of the CEO or Director to prevent future attempts. Your one-line post speaks volumes!

The immediate requirement is to send the employee for counseling. However, the situation is far more serious, and issues that were previously ignored cannot remain hidden. The attempt to commit suicide has uncovered these issues. Has a police complaint been made? How is the health of the employee?

Did the employee write any suicide note? Please check that as well. Secondly, what the counselor recommends also matters. Do not disregard his or her recommendations. While you could not prevent this employee's suicide attempt, you need to determine what can be done to avoid such attempts by others in the future. Check the following points:

a) Working hours of the employee in question. Did the employee work excessive hours, and if so, by what percentage? Why did the excessive working hours escape the attention of HR?

b) Relations of the employee with the managers. Did the manager harass him or her?

c) Relations of the employee with the team members. Did they fail to cooperate with him or her?

d) Was the employee unfit to do the job? Did he or she have sufficient skills to handle the job? If yes, who measured and how were these skills measured?

e) Was the employee given a job very different from his or her skill set? Did the employee accept the assignment to avoid termination?

f) Does the fear of termination loom large in the minds of employees? How is separation from the company handled? Are employees fired on the spot? Do you conduct domestic inquiries before terminating employees? If yes, what is the ratio of termination against inquiries?

g) Was there pressure on the employee to conduct some unethical activity?

h) Do you have an open-door policy? Are senior managers approachable? Do employees feel unsafe to approach seniors? Do juniors view senior managers as just big-sized puppets?

i) Is the over-ambitiousness of the CEO dismissed as his "vision"? Has his over-ambition turned employees into mere cogs in the wheel?

Conclusion

Those who are below 30 have been brought up in a safe and protected environment by their parents. They were not exposed to the harshness of life like the preceding generation. Your CEO/Director needs to take into account this social change. When companies impose rules, regulations, targets, etc., they do exactly the opposite of what their parents did. Amidst this, the CEO has just a lopsided focus on keeping the enterprise competitive.

Thanks,

Dinesh Divekar

From India, Bangalore
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It is disgusting to know that the CEO/Director is worried about his liabilities to escape from the clutches of the law. Further, it is admitted that the attempt of suicide is due to work pressure. First, the concerned CEO/Director should undergo employee sensitization programme and create a congenial workplace for his beloved employees instead of adverse circumstances.
From India, New Delhi
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Dear All, I have read comments with due attention and respect and agree that if the attempted suicide is due to work pressure or work-related reasons, including what has been brought out by Mr. Divekar, then there is a major problem in the workplace environment.

I am aware of a few suicide cases while serving in the Army and was taken aback that despite all normal outward appearances, a junior-level colleague committed suicide. It turned out that he had domestic problems which he did not share with anyone. Telltale signs are otherwise there and can be recognized by colleagues and seniors.

Personal touch/connect with colleagues can be of great help. Generally, if a person in distress/depression is treated medically, such incidents can be avoided.

I am no expert in this field but am sure that if any organization has a practice of one-to-one interaction sessions—say one per quarter—with the department head, it might help to avert such situations.

I am open to disagreements with my views.

Col. Rathi

From India, Delhi
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So far as I understand the law, direct liability of the directors may not be present if the employee concerned does not report directly to the director(s).

In case the employee does not directly report to them but reports to someone else who reports directly to the director, and the person attempting suicide gives a statement implicating their boss on the grounds of creating excessive work pressure as the instigator, the directors may have vicarious liability. This observation is based on the facts and circumstances narrated by you.

From India, Thane
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is partially correct. Vicarious liability can arise for directors if the employee implicates a boss due to excessive work pressure, regardless of direct reporting lines. Reference: Salomon v. A. Salomon & Co. Ltd. (1897). (1 Acknowledge point)
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