Judy_102173
1

Hi,
My apology for replying at this time. Anyway, the reason I asked for your advise is that the General Manager, would like to change the policy on Sleeping while on duty from Written warning to Dismissal as 1st offense.
Although we are operating 24/7, the employee works for 8hours only. Sleeping happens on 11pm-7am shift (graveyard). Several Task have been assigned to do during the wee hours like cleaning, encoding and merchandising. But there are still employees caught sleeping on the CCTV when reviewed by the Supervisor in the morning.
I hope this clarifies my query.

From Philippines, Mandaue
tajsateesh
1637

Hello Judy,

Your clarifications are timely--else the interest of many members could have waned.

Reg your GM's intention to change to policy 'from Written warning to Dismissal as 1st offense', frankly it seems more as an emotional response than managerial.

To give an analogy, this looks more like "using a missile to kill a snake"--just because one has a missile in-hand doesn't mean it can be used at will/whim, even though the snake might be dangerous [like this habit of sleeping @ work--in the topic under discussion]. The context, circumstances AND the possible consequences of the action have to justify the usage.

I am sure there are better AND less-drastic methods to handle the situation. I can right-away think of the following ways [I am sure other members can come-up with more], that are less-drastic & effective too:

1] Hold any salary raises for a specific period of time.

2] Reduce the salary for that or the next month when the employee was found sleeping--by a prior fixed amount.

3] Suspension for a specific duration.

The crux of the measures/steps are: complete transparency & clarity to the employees as to what would follow if anyone is found sleeping @ work. The step(s) have to be 'effective' AND also 'fair' to both parties.

The Final/Ultimate step--Dismissal--can then follow if the habit repeats/persists.

Looking @ the consequences of your GM's present intent of 'dismissal', I can see TWO POSSIBLE consequences:

1] Enhanced Attrition over a period of time. Would your GM be ready for it?

2] I am not sure of the existing Labor Laws in Philippines--assuming such a facility does exist, what if any of the employees files a case with the appropriate Legal/Labor Authority? The case might go in favor of your GM in a particular employee's case--but would he/she be ready for the hassle of giving explanation(s) for the decision of Dismissal and/or the consequence(s) IF the employee wins the case?

All the Best.

Rgds,

TS

From India, Hyderabad
nashbramhall
1624

Dear Judy,
Thank you for giving more information. TS hasgiven you sound advice and also raised some valid questions. Let me raise more questions.
Do employees have fixed coffee and lunch breaks? If so, what is the harm in them having a nap during such times? Just because someone was caught closing the eyes it does not mean (s)he was having a nap? How long does a video clip of the nap last? My profosser used to close his eyes in meetings. We thought he was having a n ap during the proceeding. When we asked him about it, he said "I close the eyes to avoid distraction and concentrate on the proceedings". So, like TS has asked, will a court accept your video clips as evidence of a worker sleeping?
May I appeal to members to give more information at the outset. This will help members to give concise and sound suggestions, rather than debating about the situation.

From United Kingdom
tajsateesh
1637

Hello Judy,

Simhan's response actually got me thinking--on a totally different line altogether.

Maybe your GM, INSTEAD of curtailing/punishing those who who sleep @ work, COULD streamline the habit to BENEFIT your Company/Store.

Here are the Links on why 'Napping'--which is DIFFERENT from sleeping--@ work is actually beneficial to the individual AND the organization.

Why companies are cozying up to napping at work - Fortune Management

Napping at Work is OK

Frankly, I know this works--but it all depends on the head of the dept/Division/Company, on how the rules are laid-out, with the 'key' being the type of control embedded into the policy--meaning where to draw the line to ensure it is not taken advantage of & the employee beings to 'sleep' than 'nap'.

Now I think you have multiple-views of the problem. Pl do let the members know of how the issue was handled--to ensure it's a case of 'learning thru sharing'.

All the Best.

Rgds,

TS

From India, Hyderabad
pon1965
604

whatever you do, the sleeping syndrome occurs in the wee hours (bet'n 3am & 5am). In these hours only, most of the road accidents happen. You should have 2 guards in this shift, atleast they can converse and avoid sleeping. If one sec. guard is alone, he may sleep irrespective of whatever punishing methodologies you implement.
Pon

From India, Lucknow
V.Raghunathan
1330

Dear Judy,

In the aftermath of the clarifications provided by you, I endorse the suggestions given by the members.

You may like to consider the following as well.

Dismissing when caught sleeping on duty, right in the first instance could be disastrous, as pointed out.

You said some tasks were assigned, but they are still of no avail.

Do the employee(s) go to sleep after completing the same or after ignoring/ leaving the tasks incomplete.

This should be reprimanded first, after careful consideration.

If the jobs are completed and then employee go to sleep, then increase the tasks assigned.

Is the sleeping problem confronted with all the employees or a particular employee?

If it is all the employees, then it is Management’s turn to think of improving the work environment.

If it is one or handful employee then they can be given counselling.

Lastly apart from incomplete tasks, is there any customer compliant?

If it is there, it should be given priority.

V.Raghunathan …………………………………………………………………………………………Navi Mumbai

From India
Judy_102173
1

Thank you for all your responses... Just to let u know one of the Customer Service Representative who was still on her over a month employment with the company committed this. She was terminated by her Supervisor not only because she was caught sleeping, but also reading newspaper and the store was not kept clean on her shift. There was also an instance that she did not inform prior her duty that she will be absent on her night shift duty.
The GM after reading the report of the Supervisor, recommended her Termination... and giving me instruction to process it. I was quite in doubt to do it as for me, there is still a need to talk with the employee and ask her instead to resign. However, this was not permitted by the GM, instead Termination shall be done. The worst, there was no Memo issued to the employee on other misconduct. She then instructed me to revised the Company Policy on sleeping from written warning to dismissal. No matter what explanation I'll do.. (sigh).

From Philippines, Mandaue
akatrap
60

Hi Judy,
All that are said above are very true. Same case happen in one of our plant. when an employee slept while on doing night shift at work.
In such case, we had given show cause notice to the concerned employee. It was explained the said act is misconduct as per model standing orders. The employee had given the reply to the show cause notice, which is always unsatisfactory. Based on the same, the employee was given written warning letter.
Please note that dismissal or termination of the services of the employee is not solution in such case. Often we need to show leniency and warn the workers.
Regards,
Avinash K.

From India, Mumbai
V.Raghunathan
1330

Hello Judy,
You may look for suitable laws of Philipphines OR refer to the laws as specified in ILO.
ILO references can be found in Cite HR archives.
Hire and Fire cannot be a solution to handle a sleeping employee.
It is a curious case as now the immediate challenge before you is not the sleeping person but your superior who needs to be convinced of what is JUST and how principles of Natural Justice has to be followed.
V.Raghunathan..........................Navi Mumbai

From India
Judy_102173
1

Thanks, I believe you're right. I am confused of the Policies being implemented by the Management.. Its my lost if Il not follow. I want to keep my job but now Im confused. My position is at stake if my views are less acceptable to the GM when it comes to disciplining employees.
From Philippines, Mandaue
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