The theory of notional extension of a course of employment may cover the way from home to the office and back, subject to the facts and circumstances of each case. The EC Act will apply only if the accident victim comes under the definition of an employee under that Act.
Varghese Mathew
From India, Thiruvananthapuram
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930Varghese Mathew
From India, Thiruvananthapuram
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Who wants to be careless while traveling to the office from home and coming back home? Before or after office life is something personal, and I don't think your management is really concerned about their personal life.
In that case, there is no question about taking a declaration from the employee, which is also not professional and ethical. Also, this is a matter of self-realization. However, concerning the matter, you can opt for accidental/health policies, as others have suggested above. This subject can also be included in motivational or orientation programs and sessions to encourage safe behaviors in the workplace and outside the office.
From India, Gurgaon
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In that case, there is no question about taking a declaration from the employee, which is also not professional and ethical. Also, this is a matter of self-realization. However, concerning the matter, you can opt for accidental/health policies, as others have suggested above. This subject can also be included in motivational or orientation programs and sessions to encourage safe behaviors in the workplace and outside the office.
From India, Gurgaon
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Dear Anil,
It's near impossible to pre-judge what's 'careless travel' and what's 'careful travel'. Accidents keep happening despite care taken by all. And in a country like India, traveling by road through milling crowds and bumper-to-bumper vehicles is really a nightmare, as you know. We are witnessing time and again innocent pedestrians run over by speeding vehicles for no fault of theirs. Whom to blame? How can any pre-arranged declaration guarantee accident-free commuting? How far can legally help employers get over claims emanating from accidents to and from the office and home? That's the point of discussion. Except for those who try to commit themselves to suicide, no one wantonly gives up their lives, right? Maybe, as you said, imparting awareness while commuting could help the victims.
From India, Bangalore
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It's near impossible to pre-judge what's 'careless travel' and what's 'careful travel'. Accidents keep happening despite care taken by all. And in a country like India, traveling by road through milling crowds and bumper-to-bumper vehicles is really a nightmare, as you know. We are witnessing time and again innocent pedestrians run over by speeding vehicles for no fault of theirs. Whom to blame? How can any pre-arranged declaration guarantee accident-free commuting? How far can legally help employers get over claims emanating from accidents to and from the office and home? That's the point of discussion. Except for those who try to commit themselves to suicide, no one wantonly gives up their lives, right? Maybe, as you said, imparting awareness while commuting could help the victims.
From India, Bangalore
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Normally, the casual connection of employment while traveling to and from the workplace becomes the test. Once that is established, it comes within the purview of "ARISING OUT OF & IN THE COURSE OF EMPLOYMENT," and the employer becomes liable. For this purpose, many employers have taken out Group Personal Accident policies.
From India, Mohali
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From India, Mohali
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My question on this issue is that after taking the undertakings from employees, will the employer take responsibility to compensate in case of accidents occurrence despite adequate safety taken by the employee during the course of his travel from home to office & back? Probably - No. And in fact, the taking of such undertaking may kick back to the employer.
Better options are - cover employees under ESIC/WC policies and additionally provide accident benefit cover, which will always be helpful to them. Accidents/incidents can happen to anybody at any time. Keep employees well aware through training on road safety and general safety practices, and make them understand and feel how important they are for their families first and for the organization.
From India, Vadodara
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Better options are - cover employees under ESIC/WC policies and additionally provide accident benefit cover, which will always be helpful to them. Accidents/incidents can happen to anybody at any time. Keep employees well aware through training on road safety and general safety practices, and make them understand and feel how important they are for their families first and for the organization.
From India, Vadodara
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If employee met with an accident during travel from one site to other and he take leaves but doesn’t have leave balance. Then does the employee will be paid for those leaves or not.
From India, Mohali
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From India, Mohali
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When a person avails an approved leave at a time having leave balance to their credit, they will be paid salary. On the contrary, availing approved leave without having a balance in their leave account is considered to be 'LWP (Leave without pay)'. If their application for leave is not approved or rejected, and they still do not report to duty or abstain from work without intimation, they will be treated as "Absent".
Your query is relevant to any of the above situations. When you mention 'taking' leave without any leave balance to their credit, you need to check whether their application for leave was approved by their HoD or any authorized officer. If the application was made but there was no credit to their leave account, yet they were permitted to take those days off, it will have to be treated as 'LWP', and no salary will be paid (not eligible).
In cases where proportionate leave or credit is permitted as an exceptional case due to a genuine reason, it should be adjusted against future accruals or credited as leave-in-advance. The individual may be granted leave with pay, although it is not a right. Some departments follow this practice at their discretion, usually in rare or exceptional cases. Sometimes, this is done secretly to assist sincere and devoted employees whose contributions are valued by everyone. In short, this is done for those who are in good standing.
From India, Bangalore
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Your query is relevant to any of the above situations. When you mention 'taking' leave without any leave balance to their credit, you need to check whether their application for leave was approved by their HoD or any authorized officer. If the application was made but there was no credit to their leave account, yet they were permitted to take those days off, it will have to be treated as 'LWP', and no salary will be paid (not eligible).
In cases where proportionate leave or credit is permitted as an exceptional case due to a genuine reason, it should be adjusted against future accruals or credited as leave-in-advance. The individual may be granted leave with pay, although it is not a right. Some departments follow this practice at their discretion, usually in rare or exceptional cases. Sometimes, this is done secretly to assist sincere and devoted employees whose contributions are valued by everyone. In short, this is done for those who are in good standing.
From India, Bangalore
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If you send employees offsite, then you are responsible. However, employees also have a responsibility to ensure they pose no danger to themselves or create unnecessary trouble. Travel insurance is a must for overseas travel or otherwise. A per diem allowance, as prescribed and decided by management, is necessary to be remitted to their account based on the period of stay. Other travel claims can be settled upon their return.
Thank you.
Guru
From India
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Thank you.
Guru
From India
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No!! You can't do it.
Ref: https://www.linkedin.com/pulse/emplo...on-prof-mishra
From India, Chennai
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Ref: https://www.linkedin.com/pulse/emplo...on-prof-mishra
From India, Chennai
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During the timing of an employee's shift, if the employee goes outside for personal reasons, they should take a permission slip with approval from the authority to avoid responsibility. Otherwise, if they leave for official reasons, it will be the employer's responsibility.
From India, Indore
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From India, Indore
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