Hi,
Does anyone have a policy for drivers who have an accident while still on probation? Do you fire someone who has been employed as a driver but has an accident while on probation, whether the fault is the person's or not?
I need to draft something quickly and want to see what's already out there.
Thanks
From Liberia, Monrovia
Does anyone have a policy for drivers who have an accident while still on probation? Do you fire someone who has been employed as a driver but has an accident while on probation, whether the fault is the person's or not?
I need to draft something quickly and want to see what's already out there.
Thanks
From Liberia, Monrovia
Dear friend,
Placing a new recruit in a particular post on a certain period of probation is to ascertain his suitability for confirmation. Whether a driver is appointed to drive a car or a goods vehicle, he acts as a caretaker as well as a confidant. If he fails in these qualities, how can you confirm him? However, in the case of an accident, all mitigating circumstances should be taken into account before termination.
From India, Salem
6185Placing a new recruit in a particular post on a certain period of probation is to ascertain his suitability for confirmation. Whether a driver is appointed to drive a car or a goods vehicle, he acts as a caretaker as well as a confidant. If he fails in these qualities, how can you confirm him? However, in the case of an accident, all mitigating circumstances should be taken into account before termination.
From India, Salem
Umakanthan Sir,
There is no word for appreciating you and your helpful attitude, and sharing your knowledge and expertise with others even after your retirement is a great help to society, especially those in the initial stages of their careers. Thanks a lot for sharing your rich experience gained in your lifetime.
Regards,
Sami
From India, Chennai
There is no word for appreciating you and your helpful attitude, and sharing your knowledge and expertise with others even after your retirement is a great help to society, especially those in the initial stages of their careers. Thanks a lot for sharing your rich experience gained in your lifetime.
Regards,
Sami
From India, Chennai
Dear Friends,
The law does not distinguish between probationers and regular employees in a situation where an employee meets with an accident or dies while in service. They are entitled to all terminal benefits irrespective of their employment status. In this particular case, the driver is also entitled to full medical treatment under the provisions of the Employees State Insurance Act. The organization, represented by HR, has a responsibility to follow this approach. Other issues come later.
Hope this helps.
Regards,
PG
From India, Delhi
The law does not distinguish between probationers and regular employees in a situation where an employee meets with an accident or dies while in service. They are entitled to all terminal benefits irrespective of their employment status. In this particular case, the driver is also entitled to full medical treatment under the provisions of the Employees State Insurance Act. The organization, represented by HR, has a responsibility to follow this approach. Other issues come later.
Hope this helps.
Regards,
PG
From India, Delhi
Thanks, PG. No one was hurt, but the car is damaged. The driver has been employed for only two months. I can't find any law on this and need to write a policy now, as another driver has also had a minor accident. So, we need to have a policy in place for such situations.
From Liberia, Monrovia
From Liberia, Monrovia
Can you actually have a policy in place for this?
Can you have a policy that states, since you are on probation, you will be terminated in case of an accident that was not your fault, was an act of God, or completely the fault of a jerk driving drunk on that day?
Since the driver is on probation, there is nothing in the law preventing the termination of the driver during the probation period (we are not talking about denying compensation related to the accident, right?)
However, if it was not his fault, is that fair? More importantly, perhaps, are you losing a good driver for no fault other than that he was on probation?
How do you determine whose fault it was? Mostly you will believe the passenger he was carrying.
Or if you have GPS devices fitted that tells you what speed he was driving, it will give you a good idea.
Take a different view now:
Suppose you make a policy stating that any driver having an accident during probation will be terminated.
So every new driver will drive VERY carefully during the probation period. He will probably drive slower than necessary, causing delays and probably damaging the car due to excessive driving in a lower gear. Once he is out of probation, he will start speeding and acting recklessly, maybe out of pent-up frustration from the previous periods.
I would say you do not need a policy.
Instead, you need to take each case on its merits and decide.
From India, Mumbai
Can you have a policy that states, since you are on probation, you will be terminated in case of an accident that was not your fault, was an act of God, or completely the fault of a jerk driving drunk on that day?
Since the driver is on probation, there is nothing in the law preventing the termination of the driver during the probation period (we are not talking about denying compensation related to the accident, right?)
However, if it was not his fault, is that fair? More importantly, perhaps, are you losing a good driver for no fault other than that he was on probation?
How do you determine whose fault it was? Mostly you will believe the passenger he was carrying.
Or if you have GPS devices fitted that tells you what speed he was driving, it will give you a good idea.
Take a different view now:
Suppose you make a policy stating that any driver having an accident during probation will be terminated.
So every new driver will drive VERY carefully during the probation period. He will probably drive slower than necessary, causing delays and probably damaging the car due to excessive driving in a lower gear. Once he is out of probation, he will start speeding and acting recklessly, maybe out of pent-up frustration from the previous periods.
I would say you do not need a policy.
Instead, you need to take each case on its merits and decide.
From India, Mumbai
Yes, I do concur with Saswata. "Accident" is one of the words that elude a precise definition both etymologically and legally. That's why it has been defined legally as "an act of God". An organization's general policy of staffing, which covers matters such as recruitment, confirmation, etc., would be sufficient for the case of drivers as well.
From India, Salem
From India, Salem
Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Personal Accident Policy for Mah Govt employees 18.2.2017.pdf
Construction Accident.zip
Canteen Policy.doc