I would like to know the law regarding taking a declaration on employee safety during his/her travel from home to the office and office to home while using his/her own mode of transport.
Please suggest to me, is it okay to take a declaration from employees that if safety is not ensured by them during their travel from home to office and office to home, then it is not the employer's responsibility after giving training on safety rules? Or is it the employer's responsibility?
From India, Bangalore
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6Please suggest to me, is it okay to take a declaration from employees that if safety is not ensured by them during their travel from home to office and office to home, then it is not the employer's responsibility after giving training on safety rules? Or is it the employer's responsibility?
From India, Bangalore
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Hi,
The employer just doesn't want to take responsibility for their employees in case of any accident or incident. I guess you need to emphasize the importance of employees to your company before making any decisions. As far as my experience is concerned, I haven't come across any employer implementing any sort of policy on travel accidents. It would be better to have a mediclaim policy and include accidental insurance coverage in it. This would be a win-win situation for both.
Thanks
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The employer just doesn't want to take responsibility for their employees in case of any accident or incident. I guess you need to emphasize the importance of employees to your company before making any decisions. As far as my experience is concerned, I haven't come across any employer implementing any sort of policy on travel accidents. It would be better to have a mediclaim policy and include accidental insurance coverage in it. This would be a win-win situation for both.
Thanks
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Dear Kavitha,
If an employee is using his or her own transport for commuting to the office, then the employer is not responsible for their safety. As you have already provided training on safety rules, that should be enough. Unless the employees are traveling in company-provided transport, you cannot be held liable for any unfortunate incidents. Hence, there is no need to take a declaration from your employees if they are using their mode of transport.
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Regards,
Sairam Bandi
sai@kredily.com
From India, Bengaluru
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If an employee is using his or her own transport for commuting to the office, then the employer is not responsible for their safety. As you have already provided training on safety rules, that should be enough. Unless the employees are traveling in company-provided transport, you cannot be held liable for any unfortunate incidents. Hence, there is no need to take a declaration from your employees if they are using their mode of transport.
Tap the "+" sign for more helpful answers like these.
Regards,
Sairam Bandi
sai@kredily.com
From India, Bengaluru
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Dear All,
We are in the heavy fabrication manufacturing industry and have approached various government organizations. We are currently in the process of applying for ISO certification. We kindly request that you share the various formats required for the manufacturing industry.
Regards,
Sherkhan B Pathan
From India, Mumbai
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We are in the heavy fabrication manufacturing industry and have approached various government organizations. We are currently in the process of applying for ISO certification. We kindly request that you share the various formats required for the manufacturing industry.
Regards,
Sherkhan B Pathan
From India, Mumbai
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Dear Anonymous,
The undertaking has no legal locus standii; it can be a psychological reinforcement on individuals to observe safety. Otherwise, the employer may be held responsible for compensation for an accident while commuting to and from attending the duty. As per section 3(1) of the Employees' Compensation Act, an employer is liable to pay compensation if a personal injury is caused to an employee by an accident arising out of and in the course of his employment. Thus, the three tests are:
1. There should be an accident.
2. The accident should arise out of and in the course of employment.
3. The accident should result in disability, whether temporary or permanent; partial or total; or death.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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The undertaking has no legal locus standii; it can be a psychological reinforcement on individuals to observe safety. Otherwise, the employer may be held responsible for compensation for an accident while commuting to and from attending the duty. As per section 3(1) of the Employees' Compensation Act, an employer is liable to pay compensation if a personal injury is caused to an employee by an accident arising out of and in the course of his employment. Thus, the three tests are:
1. There should be an accident.
2. The accident should arise out of and in the course of employment.
3. The accident should result in disability, whether temporary or permanent; partial or total; or death.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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Instead of declarations,take accident cover policies for unprotected employees Some may have ESIC Others who draw more than Rs21000 will need insurance cover.
From India, Pune
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From India, Pune
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If the employer is really concerned about the safety of his employees, he may opt for an Employee accident policy with 24-hour coverage. This way, the issue of "arising out of," "during the course of," or "notional extension," etc., can be avoided.
From India, Madras
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From India, Madras
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A group accidental policy will serve the purpose. It gives a feeling to the employees that the employer cares and thus motivates the employees. The group accidental policy comes with a very low premium. We have implemented this for our employees.
Prachi Gedam
From India, Pune
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Prachi Gedam
From India, Pune
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Hi,
No need for any self-declaration. As in the previous replies, the employer is responsible only when accidents happen during the course of employment. If the company is providing transportation, then until the dropping off of the employee, the employer is responsible for accidents.
An easy way is not to take a declaration or state that the employees' accidents are not covered by employers. In India, this is an emotional issue. Instead, you can opt for a Group Personnel Accident (GPA) policy from insurance companies, which costs not more than Rs. 50 for an employee for a year. You can also advise the ESI-covered employees to maximize benefits from ESI and help them to access them.
From India, Chennai
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No need for any self-declaration. As in the previous replies, the employer is responsible only when accidents happen during the course of employment. If the company is providing transportation, then until the dropping off of the employee, the employer is responsible for accidents.
An easy way is not to take a declaration or state that the employees' accidents are not covered by employers. In India, this is an emotional issue. Instead, you can opt for a Group Personnel Accident (GPA) policy from insurance companies, which costs not more than Rs. 50 for an employee for a year. You can also advise the ESI-covered employees to maximize benefits from ESI and help them to access them.
From India, Chennai
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Hi Kavitha,
I understand your anxiety to have coverage against accident risks for transiting employees. As you know, there is no foolproof tool to safeguard against imminent accidents, regardless of the precautions taken, which can only address the costs. No facility can guarantee accident-free travel or 100% recovery/restoration to the original health post-accident. Realizing this reality as an employer, we can only ensure pre-arranged accident insurance coverage and facilitate proper ESI procedures, as other learned members have indicated. If the insurance arranged provides a 'cashless' facility, that's ideal.
From India, Bangalore
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I understand your anxiety to have coverage against accident risks for transiting employees. As you know, there is no foolproof tool to safeguard against imminent accidents, regardless of the precautions taken, which can only address the costs. No facility can guarantee accident-free travel or 100% recovery/restoration to the original health post-accident. Realizing this reality as an employer, we can only ensure pre-arranged accident insurance coverage and facilitate proper ESI procedures, as other learned members have indicated. If the insurance arranged provides a 'cashless' facility, that's ideal.
From India, Bangalore
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