moses.mwelase Started The Discussion:
Is it possible to charge an employee for an offence on which you did not witness? An employee was found by anouther employee sleeping while on duty and took a photo of him sleeping and sent it to a manager. The manager then asked me(foreman) to initiate the notice to attend disciplinary enquiry. This happened after 5 days the offence was committed. Please advise what to do
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In manufacturing plant/organizations where the Industrial Employment (Standing Order) Act is applicable; there is a provision for a list of Misconducts.
"Sleeping while on duty" is, generally, listed as an Act of Misconduct.
Employees reported to have committed a Misconduct are dealt with as per the due process (wherein even the punishments are spelled out) and complying with Principles of Natural Justice.
Hope, it clarifies your doubts.
According to the Industrial law, sleeping while on duty is a misconduct and that would be against the act of discipline. Prior to that the information on which industry you are working is not mentioned. Again as you have stated that you are a foreman, you should be from a construction, Iron & Steel, Rolling Mill, etc kind of industries which would certainly have the industry act on line.
Hence you have to take actions against those who do not oblige to the codes and conducts of a company or organization.
In addition to Rajkumar and He|_|_ Don;t |\|eEd me... |-|e@Ve|\| can;t @FFord /\/\e ... points you should also take care of
the place of sleeping and
Is he informed any one before sleeping
because impact sleeping on work will decide your action...
As per Industrial law you can take action but if its first time you should give him verbal warning and take an apology letter signed from employee, if he found guilty (the reason is not satisfactory)
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