I read recently about an employee in a Western country who slipped and fell in his bedroom when he was walking to the room where he had his work laptop. It was later ruled by the court that he was eligible for industrial injury leave.
I just want to check if any changes have been made in India to the industrial injury leave norms for employees working from home.
From India, Bengaluru
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62I just want to check if any changes have been made in India to the industrial injury leave norms for employees working from home.
From India, Bengaluru
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The statutory enactments covering work-related injuries have never considered the Work From Home (WFH) phenomenon like EC Act 1923, ES I Act 1948, Fatal Accidents Act 1855, etc. In the EC Act, only blue-collar workers are covered, so a WFH situation won't be covered. Under the ESI Act, all categories of workmen are covered, and an employment injury (such as one caused by falling at home) would be covered. Currently, there are no court judgments on this point, and we may have to await them before a definitive statement can be made.
From India, Mumbai
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From India, Mumbai
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Indian courts are more rational and aren't likely to give such a judgment (my personal opinion).
American courts give judgments based on 'jury of peers' which are easy to influence by lawyers' antics and their sympathy for a fellow employee.
The purpose of industrial injury protection under various labor laws in India is to ensure that companies follow the relevant safety provisions and do not endanger the workers by reckless procedures, lack of facilities, etc.
When a person is working from home, the facilities or lack thereof are their own responsibility. Holding the employer liable for their mistake, whether it is carelessness or lack of safety measures, is not tenable in Indian jurisprudence.
But, as I said, this is my opinion, and the Judges may, in their infinite wisdom, think otherwise.
From India, Mumbai
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American courts give judgments based on 'jury of peers' which are easy to influence by lawyers' antics and their sympathy for a fellow employee.
The purpose of industrial injury protection under various labor laws in India is to ensure that companies follow the relevant safety provisions and do not endanger the workers by reckless procedures, lack of facilities, etc.
When a person is working from home, the facilities or lack thereof are their own responsibility. Holding the employer liable for their mistake, whether it is carelessness or lack of safety measures, is not tenable in Indian jurisprudence.
But, as I said, this is my opinion, and the Judges may, in their infinite wisdom, think otherwise.
From India, Mumbai
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This refers to Employment Injury - Work from Home.
As the employers advised their employees to work from home, any injury that happened during working hours may be treated as employment injury. As the situation did not arise, there may not be any judgments from the courts. But, in my view, an injury that happened while working from home surely attracts the Employees' Compensation Act, 1923.
Employers have been contributing to ESI for the employees working from home; hence, the Employees' Compensation Act also applies to the employees working from home.
From India, Hyderabad
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As the employers advised their employees to work from home, any injury that happened during working hours may be treated as employment injury. As the situation did not arise, there may not be any judgments from the courts. But, in my view, an injury that happened while working from home surely attracts the Employees' Compensation Act, 1923.
Employers have been contributing to ESI for the employees working from home; hence, the Employees' Compensation Act also applies to the employees working from home.
From India, Hyderabad
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I would disagree with the above.
Though the employer is allowing/asking the employee to work from home, it is not his duty to make the said home safe for work. That is the responsibility of the employee himself. Therefore, injury at home is not covered under the Employee Compensation Act unless the injury was actually and demonstrably linked to the work.
ESIC Contributions are not only for injury but for all illnesses. It is a medical insurance. Therefore, just because the employer is paying ESIC contributions for those working from home does not make him liable for home injury.
From India, Mumbai
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Though the employer is allowing/asking the employee to work from home, it is not his duty to make the said home safe for work. That is the responsibility of the employee himself. Therefore, injury at home is not covered under the Employee Compensation Act unless the injury was actually and demonstrably linked to the work.
ESIC Contributions are not only for injury but for all illnesses. It is a medical insurance. Therefore, just because the employer is paying ESIC contributions for those working from home does not make him liable for home injury.
From India, Mumbai
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