Rank: Guest 
|
Posted By fats van den raad
I hope someone can point me in the right direction, as I am sure others may have come across the same scenario.
Employees go outside the factory premises during break time to smoke or to sit in the sun on the pavement outside the gates. The question is: should something happen to an employee while they are outside the premises, how does the company stand in terms of liability?
Most of the time the employees have clocked out for their dinner break, but sometimes they do also go out there during the short tea break (for which they do not clock out).
My first gut reaction would be to say that they are off our premises and therefore beyond our area of control. But am I right?
Do we stop employees from going off site during their break times? Can we stop them from doing this? Smoking facilities are available on site.
On the other hand, if we say that once they are outside our gates, they are no longer our responsibility, how can we then at the same time expect them to act as "representing the company" in their behavior etc.
I hope someone can shed some light on this.
|
|
|
|
|
|
Rank: Guest
|
Posted By Tarquin Farquor
Fats,
In my opinion.
It may be that you would be entitled not to allow employees to leave the site during paid works time, therefore 'paid' breaks should be taken on site.
For unpaid breaks, ie lunches, then I don't think that you can prevent employees leaving the site. On an unpaid lunch break and off of your site then your responsibility for them would end (ie they are not in the course of employment) until their return to your premises.
Re representing the company, make sure any company uniform is removed or covered, though it would be obvious to customers etc that they were your employees as sat outside your gates. Could a suitable facility be offered on site?
Ps: Not seen a posting from you for a while, hope you are well and good to see you back.
Regards,
TF
|
|
|
|
|
|
Rank: Guest
|
Posted By fats van den raad
Not been around for a while!! been busier than a very busy person!! Hope I get chance to pop in here more often.
As for facilities, They do exist on site and are used by a majority of the employees. It is a few that have got into the habit of sitting outside the gate on the pavement. We would dearly love to stop this as it presents a negative image to visitors, but the bosses are also sensitive to what damage it can do to employee relationships.
|
|
|
|
|
|
Rank: Guest
|
Posted By Tarquin Farquor
Have a chat with the employees and any representitives, ie unions etc.
Could it be established why the on site facilities are not being used?
Not sure that you could stop them but you could put forward the reasons why you would prefer employees not to use the area outside of the gates, people may be reasonable where it is discussed openly.
Although there may also be the ones who are not.
If they appreciate that its an image, reputation issue, that links to getting / keeping business and therefore ultimately to company success and job security / pay you may be more likely to succeed. Any non-conformers may feel peer pressure from colleagues and, wishing to be socially accepted by their colleagues, come around to their way of thinking.
Regards,
TF
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.