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Dear Seniors,
Can the worker/ staff can sleep during the Lunch & or Snacks Breaks??
Is sleeping during working hours ( I am talking about the Lunch / Dinner / Breakfast/ Snacks/ Tea Break/s ) is justifiable as per Factories Act???
Your valuable imputs are highly appreciated!!!!
1st December 2010 From India, Pune
Hi Sleeping or rest in proper place during the Lunch & or Snacks Breaks, not against the discipline.
1st December 2010 From India, New Delhi
dear parshant, break time is seprate from working hours. it is not calculated under working hours, so let them sleep in break times. with regards
1st December 2010 From India, New Delhi
Dear Prashant,
Let us assume that the workers house is close by and he goes home during the lunch break. The possibility is that after his lunch he may take a short nap. This is not visible to you, so it goes unnoticed.
In the same context as long as he does not sleep during the working hours, in my opinion it need not be taken seriously.
Section 55 of the factories act also states that a worker should be given half an hour rest if he works for a period of 5 hours. So it can be read that this break period is for his rest.
As you have not specified the exact timing for the snacks break I am unable to comment.
Trust the matter is clarified
M.V.KANNAN
2nd December 2010 From India, Madras
Dear Prashant,
Responding to your queries:
Can the worker/ staff can sleep during the Lunch & or Snacks Breaks??
Lunch Break or Snack Breaks are meant to give time to the workers to rest, relax. If someone takes a nap during such break intervals, it would not amount to an act of indiscipline.

In other words, yes a worker can take a nap during such breaks.
Is sleeping during working hours ( I am talking about the Lunch / Dinner / Breakfast/ Snacks/ Tea Break/s ) is justifiable as per Factories Act???
There is no stipulation in the Factories Act that specifically allows or prohibits this.
Vasant Nair
QUOTE=prashant1314;1353781]Dear Seniors,
Can the worker/ staff can sleep during the Lunch & or Snacks Breaks??
Is sleeping during working hours ( I am talking about the Lunch / Dinner / Breakfast/ Snacks/ Tea Break/s ) is justifiable as per Factories Act???
Your valuable imputs are highly appreciated!!!![/QUOTE]
2nd December 2010 From India, Mumbai
This does not fall under the perview of factories act at all. Secondly sleeping during breaks is not constituted as misconduct. Infact you should encourage cat-nap as it is healthy and very refreshing.
2nd December 2010 From India, Rajkot
Factory Act does not clearly defining this. Sleeping (or rather relaxing for a short period) during breaks will help to relieve stress levels. If the conduct of the employee does not affect over all decorum and discipline of the Office, I feel it does not amount to a mis conduct or indiscipline.
G. Harikumar
2nd December 2010 From India, Mumbai
Dear PRashanth,

Sleep is a long process. How could a person sleep at breaks. If he / she prefers could take a nap, however not sleep. If an employee / worker is sleeping then his / her schedule has to be revised ................may be he / she has had a hectic schedule and the body and mind cannot take it anymore.

At breaks (lunch snaks etc) it is not advisible to take a nap. In my opinion it is the only time we get to interact with collegues, enjoy a cup of tea/coffee/food. It would be refreshing if you could take a walk, listen to some good music or even play games rather than sleeping or taking a nap. A nap is not advisible unless a person has had a hectic schedule for few days. You have weekends to sleep, take a nap..............work hard and party harder is what I believe.

Moreover, it may be a bad influence on juniors. I am not able to understand how can a person take a nap or even sleep when the work is pending at workplace.

If a person can take a nap or sleep at breaks, it means he/she has reached a saturation point at office/work, should seriously consider a job change.

Regards,

Vidhya
2nd December 2010 From India, Bangalore
How we can fight with the organization when the employers are compelling an employees to work 13-14 hours in respect of 8 hrs according to companies and factories act.
By which sec and ACT it is illegal and what the action can be taken against them.
Is their any LAW for this where we can stop the exploitation.
Government agencies are also not taking the action against them.
In such circumstances what should be do?
Thanks
Avinash Kumar
2nd December 2010 From India, Patna
The break which given to workers is for the relax or rest sake only, so it is not a crime or breaking law.. as a human being they also need some breaks..
2nd December 2010 From India, Bangalore
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
2nd December 2010 From India, Madras
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
Regards
SASMITA SAHOO
HR
3I Infotech(vendor company)
2nd December 2010 From India, Bangalore
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.
MATHUR AK
2nd December 2010 From India, Delhi
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
2nd December 2010 From India, Mumbai
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
9099024667
2nd December 2010 From India, Kumbakonam
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.
2nd December 2010 From India, Delhi
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.
James
2nd December 2010 From Kenya
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.
2nd December 2010 From India, New Delhi
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.
2nd December 2010 From India, Chandigarh
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.
2nd December 2010 From Saudi Arabia, Riyadh
I agree with raj kumar But remember to consider human as human Think what is necessary not what it should be.
2nd December 2010 From India, Vadodara
I completely agree with Mr.Bhanot. If one is found sleeping on duty frequently,he should be sent for medical check up and necessary counseling. It will be disastrous to give show cause notice.
Sleep is expression of need of the body and it is not that you get sleep when you ask for. I have always liked to see one in sound sleep.It exhibits peace of mind,if you get good sleep. It is inseparable part of life and generally it is difficult to control sleep- at time it is uncontrollable. Most HR people , who do not manual physical work may not fully appreciate needs of those doing heavy physical work
As some member has rightly said, now in mast cases workers are subjected to 12 hr working against legal provisions.
3rd December 2010 From India, Coimbatore
This depend on Company policy , if the lunch time is official and it is usually 30 minutes i.e this time should not included in the actual working hours , the employee can do what he wont in this period ensuring that after lunch time he should be doing his work after the lunch time immediatly, but if the lunch time is not official mean the employees can take their lunch during doing their work in this case of coarse sleeping is not allow .
Thanks,
3rd December 2010 From Kuwait, Kuwait
You are absolutely correct Mr. Bhanot and this is an ideal Line of Action; I suggested SCN first of all to know the cause/reasons of sleeping during the working hours. When we receive the explanation against SCN then we should give him warning letter/caution letter and this depend on his explanation.
I agree that termination is not the solution. But in some cases this becomes necessary. We should terminate employee when this proven by medical check up/ domestic enquiry that the employee is habitually or willfully doing this. If we even do not take action then this will make bad effect to other employees. We should give sufficient chances to employee before taking such action.
4th December 2010 From India, New Delhi
Feeling sleepy It's all right** Some call it laziness, I call it deep thought." This piece of wisdom from Garfield, the comic strip fat cat with droopy eyes, seems to have encouraged Bangalore-based company allow its employees to take a 45-minute post-lunch nap. The software product development firm believes that this will help them relax and stay active for the rest of the day. After lunch, all lights are switched off and employees stretch out wherever comfortable. Some even bring their own mattresses and pillows. "It is really refreshing. It recharges our batteries to go on for the rest of the day," said an employee. The clients of the firm have been told not to disturb them during their power-nap.
4th December 2010 From India, Kochi
Sleep has to do with the rhythm of the body. In the morning when you are awake your fresh and active. The graph will slowly go down by after noon and you feel sleepy. After some rest graph will go up again and by the late evening it will go down when you feel sleepy. This is very natural and hence should be looked at with sympathy.
5th December 2010 From India, Coimbatore
For an act of sleeping while on duty, even if it is habitual the punishment to be inflicted upon the concerned workman has to be in reasonable proportion to the misconduct committed.

Termination or dismissal is not always the answer. The Labour Court is most likely to find the punishment of dismissal too harsh in view of the misconduct committed and may order a lesser punishment.

I will also request you to please re-read the response posted by Mr.Raj Kumar. If you do that you will find that Show Cause Notice and Charge Sheet have different meaning/implications and one cannot be a substitute for the other.

Vasant Nair

5th December 2010 From India, Mumbai
Dear Prashant
Any employee is still bounded with all rules regulations of the company till leaving of main gate.
As per factory act/ Standing orders lunch /tea period/break is provided for taking some food for freshness / rest only, not for sleeping or other activities etc.
D N SHarama -GGN- HR.
6th December 2010 From India, Delhi
can worker sleep in his duty hours after achieving the target of production
27th February 2019 From India, New Delhi
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