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
27th January 2010 From South Africa, Johannesburg

Sleeping on duty is not a crime or misbehavior.
As per my suggestion, you should understand why he was sleeping?
What is the reason behind it?
You can not raise a notice for that.
Yes, you can inform him about the same by mail and asked him not to do this again.
Bharti Deshpande
29th January 2010 From India, Nagpur
Hi Moses,
It depends on your company policy as laid down and circulated to all employees. If you do not have any work discipline related policy or if this is not mentioned then there is not much you can do except maybe put a general memo to the employee.
Shashi Kant Dabral
3rd February 2010 From India
Dear Moses
You have not furnished more details about :
  • the concerned employee - his designation, responsibilities, duty period etc.
  • the company - nature of its business
  • the Conduct rules in your organization, etc.
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.
Warm regards.
4th February 2010 From India, Delhi
Raj Kumar
"Non Nascor Mihi Solum” [ Latin; meaning “I was not born for myself alone"]
"Give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime."
Mahr 418
Dear moses.mwelase,
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.
4th February 2010 From India, Bangalore

Mahesh Nair

Dear M0ses
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)
4th February 2010 From India, New Delhi
Dear sir,
Is Standing Orders applicable for construction company. What is G.O.Rt.No.590 dated 31.03.2011 of LET &F (lab.II) Department.
Is SO applicable for construction activities also if Payment of Wages Act is covered by establishment?
Please help me
14th August 2013 From India, Thrissur

Discuss problems openly with your peers around the world without getting into company specifics. Access to years of such problem discussion data and business material is at your finger tips. All resources created by our members are available to everyone at no cost.

Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network