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Retired Government Servant/advocate
Hr Executive

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Greetings! If an employee sleeping in the work place during the working time , But we dont have proofs like photo or video, but the concerned HR or Security Person has seen (Eye-witness), based on these eyewitness management cant take any actions or else need physical proof like Photo or Video of the employee at the time of sleeping. If we can take actions means what was the procedure please explain.

From India, Thane
Mr. Bharath,
As the complaint has reached you,first take the declaration from the the witnesses.Then based on the declaration, you can provide a show cause notice to the employee who was sleeping and ask him for explanation in written.He will give in written what has happened.If he accepts the mistake you can give him the warning letter for not repeating it again.

From India, Anantapur
Dear Bharath,
Any act has many impacts. You have have preliminary invertigations done, even before issuing a SCN.
Like Supervisor statements who did not find him at workplace,
As who performed his work when he was sleeping?
What were results of his sleeping?
It was whose work area where he was found sleeping?
There can be many more such questions, all answers will some where relat to some documents, search them, ...natural evidences are better than created evidences like photos / videos.
P K Jadia
Labour Law Consultant, Silvassa UT of DNH abd DD,

From India, Jalalpur
It is misconception that documents alone constitute evidence. Oral evidence, based on deposition witnesses who have been duly cross-examined stands in the same footing as documentary evidence. In fact, there cannot be any authentic documentary evidence as to the instances described.
From India, Kochi
Certainly, as the DE does not attract 'beyond reasonable doubt' theory, but attracts the principle of preponderance of probability. No doubt, oral evidence can be relied upon. However, in case of oral evidence, there are many practical limitations... whereas documentary evidence which is available in natural course of action like I mentioned in my post cannot be and should not be ignored. If ignored may create other probability.
Each case has its own circumstances and must be acted accordingly...
If no photo, no video .... not to be worried, Mr. Bharath has option to proceed based upon oral supported by 'natural documentary evidence'.
P K Jadia
Labour Law Consultant, Silvassa UT of DNH abd DD,

From India, Jalalpur
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