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Dear Prashant, Sleeping during rest hours/lunch break/tea break is not a misconduct as per the Factories Act. Take note that they should not sleep in work place. Ravindran.A
Well prasant
during working hour it is punisable but during break hour a person can do according to his/her wish to relax himself without disturbing the official environment
3I Infotech(vendor company)

I do agree with Mr. Vasant Nair,
Lunch Break or Snack Breaks are meant to give time to the employee to rest, relax.
If someone takes a nap during such break intervals, it should not amount to an act of indiscipline.
In other words, yes a worker can take a nap during such breaks.
But, In a office where Breaks are not declared or being not followed by the staff,
it is not desired by anyone to take a nap in working office (even beyond working hours).
Generally, Seeping on duty is considered as misconduct in Employee Handbook/ HR manual or Service Rules.
The Factories Act is silent on sleeping during working hours (talking about the Lunch / Dinner / Breakfast/ Snacks/ Tea Break/s ). But sleeping on duty is considered as mis-conduct.

Dear All, If workers are sleeping on work, what steps (Not legal Action) we need to take so that they will avoid the same and do their best? Please suggest. Regards, Vaibhav
Dear Mr. Prasanth
Yes It is permittable to any worker / staff to have rest in lunch / tea break. The Security Guards during their tenure of duty they can relax (means they can sit) in chair but they should not sleep, as a person cannot stand in attention for hours together.
One more thing you have to observe that, if a workman / staff have a nap in lunch hours means they got completely freshened up, due to which their productivity will increase in folds.
To have control over the resting time, the Lunch hours / tea break you can play some instrumental music in PA System in minimal sound. Whenever the music stops the worker / staff can understand that the lunch hours / tea break is completed and obviously they will be back to work.
With warm regards
S. Bhaskar

Dear ALL Thanks for the wonderful, healthy and knowledgeable (technically right) responses. It does raises the bar on the quality of replies/posts. Please keep up the good work. Warm regards.
Dear all,
The important issue here ,where does he sleep during lunch break.If in the office next to his computer,
it can have a negative image to other people.
If he does it somewhere else,eg in his car,there is no problem.
It is important to sensitize staff to sleep for enough hours at night,7.5 to 8 hours,thus they do not feel
extremely over fatigued during the day.

An employee can sleep in duration of lunch hours.
If an employee sleep during working hours then this comes in definition of serious misconduct and you may issue him show cause notice and if repeat the same give warning letter and found reason why he sleep during working hours, you may ask him to provide his medical check up report also. In last if he repeats the same you may arrange a domestic enquiry against him and then terminate his services.

Dear Jitendra Singh,

Your sequence of taking action is rather strange.

First, you have suggests to issue a Show Cause Notice. SCN is issued normally when, you are about the take a decision about the final punishment. In your post it seems that as if a SCN is just a caution letter issued to delinquent employee.

Second, you have suggested to give him a Warning Letter if the employee is found sleeping for the second time. Here you need to call for his explanation for the reason of this repetition and if necessary issue him a Warning Letter, if necessary.

Thirdly, you suggested to Terminate him by knowing the reasons of his repeatedly going to sleep.

However, as a last resort, if he is found habitual of sleeping during working hours, he should got medically checked up, A SCN be issued to him to know the cause of the reoccurring incidences followed by an inquiry and followed by a very reasoned decision towards the punishment to be given or not and if to be punished the quantum of punishment or suggest the remedial measures to avoid occurrence of such incidents.

Termination alone is not the solution.

In my office which has a separate manufacturng unit, the workers can rest for their own stipulated time.if the lunch hr is 1 hr,they take lunch within 10 mins and take a sleep for 30mins and they are back to work freshly on time.
Many management people follow this principle since it gives freshness to the work.

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