Bharat Gera
Principal Hr Consultant
Deputy Commissioner Of Labour..a.p.
Mandeep Arya
Manager Hr
Ex. Executive Maintenance

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i am doing my job in one of us base MNC Company from last may 2016 suddenly one day in my night shift one HR manager and safety officer come on night round checking on 26-7-2017. and caught one security officer and one production executive sleepy and that time on that day i am suffering due to my teeth pain problem and therefore i take medicine and shit on my chair with pushing it back side in relax position and they saw me outside of office and consider also me that i was sleepy. but i am not sleeping so when my coluge call me i received call and and stand up at that time from chair and see hr manager and safety executive outside the office. they saw me when i am stand up from my chair and consider that i am sleep before that.
for that reason they call me next day in hr office and ask me about last night than i elaborate last night situation of mine. also machine are stop due to the change over Product cleaning work going on. and after that they told me we discuss it with higher authority what we can take action on that.
before that i am not involving any kind of misbehavior or get any kind of notice from employer.
but second day they call me in hr office with my reporting manager and told me that our higher authority take decession that they terminate because of this incident but if you want that they not terminate you you can resign. and they forced me to put resign and told me that they don't want to spoil my career so not want to you just put resign. on that day i am scarred because of such strong action taken by them. so i did that what they told me.
but now i am feel that it was totally in justice did by them to me.
now what can i do ????

From India, Vadodara
your position is very in your words...Night duty watch and ward..especially cricket any thing can happen at any excuse...
ok..its right or wrong thing happened...ur vertion usually not believed by any..ok
we are all humans..not sleeping may happen in dutytime.
our concern is only for gravity of punishment...Are you directly employed by the company itself ? or through contract security agency?
if the second one no option.if first u belong to...
the company should think again to decrease the final punishment...Actually the company has no right to compel anyone to give resignation letter..
its an offence... what was actually happen we dont know..usually worker refuses to accept his mistake even if he so management..challenges...torn of papers..refuse to receive Memos.... should rethink of going such final punishment...due to this no loss was happened luckily at that final punishment not necessary...heavy can be laid...
Actually Labour laws and court judgements are against the imposition of termination
for this kind of simple causes..
so the illfated worker can immediately advised to approach labour dept.or labour court...
Monetary benefits can be gained...

From India, Nellore
Do not resign. Let the management to initiate termination. one as such can’t terminate, if they are doing so, will let you chance to take the legal action.
From India, Mumbai
sleeping is not the serious offence on that bases any management can't terminate the employee . on the other hand lets wait for the management decision if they go for the termination u can challenge the decision in labour court or they have to paid the notice period as per your appointment letter
From India, Panipat
Dear Raj,
Please do not resign under any condition. The company can not terminate your service for sleeping (although you are disputing it, even if you admit, they can not terminate). This not a serious misconduct which can invite punishment of termination.
Even if the management takes an arbitrary decision of terminating you, they will loose the case in the labour court.
Warm Regards
Bharat Gera
HR Consultant

From India, Thane
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