Dear All HR friends,
If contractual manpower fights after office hours and outside the office, then who is responsible for compensation? Is it the principal employer or should the contractor pay the amount to the worker? In this case, two workers have fought with each other, resulting in a few injuries. Please advise.
From India, Noida
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1If contractual manpower fights after office hours and outside the office, then who is responsible for compensation? Is it the principal employer or should the contractor pay the amount to the worker? In this case, two workers have fought with each other, resulting in a few injuries. Please advise.
From India, Noida
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Prima facie, both the principal employer and the contractor are not responsible for the payment of compensation for a fight that had taken place between contract laborers outside their place of work and beyond work hours. Was it in any way connected with employment or purely a personal or private matter? Please provide more details for a definite opinion.
From India, Mumbai
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From India, Mumbai
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Sonia ji,
Were the insured under ESI? The question of compensation would arise only when ESI is not applicable or employees are not insured under ESI. Moreover, if the employees file a claim under the Employees' Compensation Act 1923, the principal can always deny their liability. If there is any agreement between your company and the contractor, then you can take shelter thereunder as well.
S.K. Mittal
9319956443
From India, Faridabad
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Were the insured under ESI? The question of compensation would arise only when ESI is not applicable or employees are not insured under ESI. Moreover, if the employees file a claim under the Employees' Compensation Act 1923, the principal can always deny their liability. If there is any agreement between your company and the contractor, then you can take shelter thereunder as well.
S.K. Mittal
9319956443
From India, Faridabad
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Dear Sonia,
In my opinion, a scuffle among the contract workers outside the office premises and office hours resulting in injury to one or the other is a criminal act for which neither the principal employer nor the contractor has any vicarious or original liability to compensate the injured. Even if the scuffle can be connected with any employment matter, it cannot be an employment accident to which the doctrine of notional extension of time and place could be applied as the persons indulging in such street scuffle are exposed to the risk of injury like any other members of the public involving themselves in a similar situation.
From India, Salem
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In my opinion, a scuffle among the contract workers outside the office premises and office hours resulting in injury to one or the other is a criminal act for which neither the principal employer nor the contractor has any vicarious or original liability to compensate the injured. Even if the scuffle can be connected with any employment matter, it cannot be an employment accident to which the doctrine of notional extension of time and place could be applied as the persons indulging in such street scuffle are exposed to the risk of injury like any other members of the public involving themselves in a similar situation.
From India, Salem
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