Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Kritarth Consulting
Spl Educators Posh Programs & Hr D &
Mayur Tandel
Process Member-hr
K C S Kutty
Labour Laws
+1 Other

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Dear Sir,
i have query related to issuing memo to worker.
worker who is working in OT sift.he is sleeping during his Over-Time duty,is it Necessary to give him memo Regarding this misconduct?
Please guide me related to this issue.
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Dear Mayur,
Before we give our comments, we need to know what was the duration of his shift, when OT started, when he was found sleeping, who found him, how the work was impacted, whether his sleeping was safety hazard etc.
Office memorandum is legal communication therefore, before issue of this memo one should verify whether the cause of the memo is legally acceptable. Lest it may do more harm than good!
Thanks,
Dinesh Divekar
Dear Guidance Seeker,

Sleeping while on Duty constitute / amounts to grave Misconduct punishable under the Certified Standing Orders applicable to your Establishment.

Based on the Incident Report (report generated/submitted/forwarded by the Shift Supervisor or his immediate In-Charge) arrange to issue to the concerned Employed Person a Charge-Sheet seeking his Reply/Explanation; Order a Domestic Inquiry in accordance with the Principles of Natural Justice and the Procedures laid down by the Apex Court for such Inquiries and based on the Enquiry Report Findings be ready to take action as per your Disciplinary Procedure.

Sleeping-on-Duty has caused serious accidents, safety violations and trigger bad Workplace Discipline vitiating Work atmosphere.

Taking Disciplinary Action is Non-Negotiable prerogative of the Employer.

For any further clarifications you may contact

Kritarth Team

at info@kritarth.in /hksharan@kritarth.in
91 9560 453 756

Kritarth Team is led by XLRI Alumnus possessing 4 Decades of Hands-On Work Experience in Manufacturing Set up

14.9.2016
DEAR SIR,
the sift timing was 8 hours,his in his overtime sift his sleeping at 6:30 am the factory manager couch him in that position.
so my question is is it valid if i am giving the memo during his overtime sift?
Dear Mayur,

In your second post also, you have not given complete information. Your posts are very short in nature. What is the logic of withholding the information? While asking advice from seniors it is not advisable to write short messages. For how many hours he worker worked on completion of his regular shift? This simple question could have been answered. Hardly this is expected from HR. Please note that HR is not expected from basics of grammar!

For Kritarth Team: - It is not advisable to quote big words or phrases in our reply like "principles of natural justice" or "apex court" etc. unless we know complete facts of the case. Employers are not as white as lily. They also exploit the workers to the core. Principles of natural justice is not a one-way street. What if the worker had worked for 10 or 12 hours? After working for more than 10 or 12 hours also if employer wanted to take action then what advice would you like to give? Do we know under what circumstances worker had slept? Who told you that sleeping while on duty is "grave misconduct"?

Look at the both the posts of the originator of this post. Both are unprofessional. Possibly worker could be as much unprofessional as HR! Therefore, we the consultants need to maintain neutrality without taking sides.

Thanks,

Dinesh Divekar
DEAR SIR,
the sift timing was 8 hours,his in 2nd sift (4:00 pm to 11:00 pm) and overtime sift was 3rd sift (23:00 pm to 8:00 am) and he was slept at 6:30 am in the morning. the factory manager couch him in that position.so i have written note given by factory manager on that basics i have to do further procedure.
so my question is is it valid if i am giving the memo during his overtime sift?
Shri Dinesh Divekar ji, Your reply above is appreciated. Your reply to the Kritarth Team is very much appreciated, who has 4 decades of hands on work experience. Regards,
Dear Mayur Tandel,
Your second sift (Shift) is from 4 PM to 11 PM. That is 7 hours and with 30 minutes break for dinner, it is only 6 hours and 30 minutes only. Your third
sift is from 2300 hrs to 8 AM. That is 9 hours and with a break of 30 minutes it is 8 hours and 30 minutes. Pl confirm the timing of sift.
Dear Mayur,

I understand that after working his full regular shift in the previous day ( since I found overlapping of two shifts from the timings mentioned in your latest response, I didn't take the spread overs here into account ), the worker was asked to work continuously in the next full shift which would end by 8-00A.M the next day - okay? To his bad luck, the Factory Manager who visited the shop floor the next day, found him sleeping during working hours at 6-30 A.M. So, it is evident that he was asked to work overtime for more than 2 hours continuously in the next shift after his day's normal work. Can't you realize that this is a clear violation of working hours including the time limit on over time work on your part? Statutory caps on working hours and over time work are not based on mere rules of thumb but are based on scientific research on normal physical endurance, health hazards, negative impacts on work such as productivity and accident proneness and the like. Hence my suggestion would be not precipitating the issue with any kind of disciplinary action. If you want to please the F.M who seems to be a ruthless disciplinarian, suggest that the poor workman may be warned this time.
Whether it is in regular duty, or working time of overtime, the employee should work in alert specially while working on machines as operator or in attending the work of manufacturing process.
Sleeping while on duty ( whether in Regular or in overtime work)
is a serious misconduct.
Issue Memo, get his explanation, take stern appropriate action or if you want to take lenient view this time, Give warning and put on his personal record.
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