DOCTRINE OF COMMON EMPLOYMENT – A COMPARATIVE ANALYSIS BETWEEN INDIA AND U.S
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Abstract
The problems of Industrial relations are the basic elements in the economic and social life of any country and as such, likely interest in it has persisted from the very dawn of history of modern times. The maintenance of industrial relations is one of the basic requirements of public welfare. Many factors have been influencing the industrial revolutions that need to be focused and many such problems arise due to the lack of proper employer-employee relationship. There are many controversial areas within the relationship and one such is the various defenses that the employers claim as a defence to escape from the liability of compensation to the employees and one such was the “Doctrine of Common Employment” or “Fellow Servant’s Rule”. Though the wages and bonus are given more concern there was a persistent problem with the working conditions, and compensation due to this doctrine. In United States there was also another prevalent principle called the “Doctrine of Assumed Risk” where the contract of employment was in such a way that the employers can’t be held liable for the damages or the injury that the employees face during the working hours. But these Doctrines are contradicting with the principle of vicarious liability of the masters.
The “Doctrine of Common Employment” otherwise known as “Fellow Servants Rule” limits the liabilities of the Employer by restricting the rights of the Employee to sue the Employer for Compensation in the case where the aggrieved employee was injured due to the act of another employee, be it a voluntary/negligent/carelessness act or misconduct. In such a case the injured employee has to bring a suit against the fellow employee for recovering the damages.
The main issues that devolves around this article is to analyse whether the said doctrine is an exception to the vicarious liability and its applicability in India and U.S; and to analyse the position/prevalence/applicability/Scope of the Doctrine before and after various employment laws, for the labour welfare like workmen’s compensation Act and Employer’s Liability Act, Law Reforms (Personal Injuries) Act, were enacted.
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