Can You Discipline an Employee for Sleeping on Duty Based on a Photo Taken by a Colleague?

Is it possible to charge an employee for an offense on which you did not witness? An employee was found by another employee sleeping while on duty and took a photo of him sleeping and sent it to a manager. The manager then asked me (foreman) to initiate the notice to attend a disciplinary inquiry. This happened after 5 days the offense was committed. Please advise on what to do.

Hi,

Sleeping on duty is not a crime or misbehavior. As per my suggestion, you should understand why he was sleeping. What is the reason behind it? You cannot raise a notice for that. Yes, you can inform him about the same by mail and ask him not to do this again.

Regards,
Bharti Deshpande

Hi Moses,

It depends on your company's policy as laid down and circulated to all employees. If you do not have any work discipline-related policy or if this is not mentioned, then there is not much you can do except maybe put a general memo to the employee.

Shashi Kant Dabral

Dear Moses,

You have not furnished more details about:

- the concerned employee - his designation, responsibilities, duty period, etc.
- the company - nature of its business
- the Conduct rules in your organization, etc.

In manufacturing plants/organizations where the Industrial Employment (Standing Order) Act is applicable, there is a provision for a list of Misconducts. "Sleeping while on duty" is generally listed as an Act of Misconduct. Employees reported to have committed a Misconduct are dealt with as per the due process (wherein even the punishments are spelled out) and complying with Principles of Natural Justice.

Hope this clarifies your doubts.

Warm regards.

Dear Moses Mwelase,

According to industrial law, sleeping while on duty is considered misconduct and would be against the principles of discipline. It is not specified in your message which industry you are working in. However, as you mentioned being a foreman, you are likely from industries such as construction, iron & steel, rolling mills, etc., which would have corresponding industry regulations in place.

Therefore, it is important for you to take action against those who do not adhere to the codes of conduct and regulations of the company or organization.

Dear M0ses,

In addition to Rajkumar and He|_|_ Don't ||eEd me... |-|e@Ve|| can't @FFord //e ... points, you should also take care of the place of sleeping and if he informed anyone before sleeping. Because the impact of sleeping on work will decide your action.

As per industrial law, you can take action, but if it's the first time, you should give him a verbal warning and take an apology letter signed from the employee if he is found guilty (the reason is not satisfactory).