Dear All, We have a small Tuck shop at my office premises run by a female owner. The company is MNC, based in the USA. Hence, the company works only at night. So she visits her Tuck shop during dark hours as well. If something happens with her during dark hours then will we responsible for it. I am just here curious about her safety, as she is 3rd party person. And we do not have any undertaking form signed by her. If there is any legal advice on it, please suggest it.
From India, undefined
1From India, undefined
As a principal employer you are responsible for anything happening to women employee during dark hours. Hence provide her utmost safety and inform local police station about this employment. Also, regardless of her signing of risk undertaking with regard to safety of her well being during dark hours, you are responsible for any untoward incident happening to her, which may lead to legal complications and punishable under law.
From India, New Delhi
From India, New Delhi
Dear Gyandeep,
Have you rented the part of the company premises to run the shop? Do you get the rent from the woman who runs the tuck shop?
There are two things here. One is that she is not employed by your company. Therefore, the employer-employee relationship does not exist. Nevertheless, whether in dark hours or broad daylight, within the company premises, her security remains the responsibility of your company. If something happens out of the boundary of the company then she is responsible for her safety.
Nevertheless, while renting out the premises, insert the clause on the security of the renter in the rental agreement itself. This will solve your problem.
As a precautionary measure, you may position a woman security guard in the shopping complex where the Tuck shop is also there. The woman security guard will be useful even for the women employed by your company.
Thanks,
Dinesh Divekar
From India, Bangalore
Have you rented the part of the company premises to run the shop? Do you get the rent from the woman who runs the tuck shop?
There are two things here. One is that she is not employed by your company. Therefore, the employer-employee relationship does not exist. Nevertheless, whether in dark hours or broad daylight, within the company premises, her security remains the responsibility of your company. If something happens out of the boundary of the company then she is responsible for her safety.
Nevertheless, while renting out the premises, insert the clause on the security of the renter in the rental agreement itself. This will solve your problem.
As a precautionary measure, you may position a woman security guard in the shopping complex where the Tuck shop is also there. The woman security guard will be useful even for the women employed by your company.
Thanks,
Dinesh Divekar
From India, Bangalore
The fact is that the lady is running a tuck shop in your premises, in raw understanding the shop belongs to the owner's/employer's premises. But the fact is that the shop is owned by the lady and she is running her business in the premises of your establishment. As per the principle of law the owner of premises shall remain liable for any incident caused to lady or personnel engaged by her.
It would be prudent to sign an agreement as a Tuck Shop vendor for running her business at her own risk. In presence of an agreement the principal employer will be relived from the liability that may cast for some untoward happening.
From India, Mumbai
It would be prudent to sign an agreement as a Tuck Shop vendor for running her business at her own risk. In presence of an agreement the principal employer will be relived from the liability that may cast for some untoward happening.
From India, Mumbai
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