Can Factory Workers Sleep During Breaks? Seeking Clarity on the Factories Act

Sleeping During Breaks: Is It Justifiable?

Can the worker/staff sleep during the lunch and/or snacks breaks? Is sleeping during working hours (I am talking about the lunch/dinner/breakfast/snacks/tea breaks) justifiable as per the Factories Act?

Your valuable inputs are highly appreciated!

Regards

Sleeping or resting in the proper place during lunch or snack breaks is not acceptable behavior and goes against company discipline policies.

Thank you.

Break time is separate from working hours. It is not calculated as part of working hours, so employees should be allowed to sleep during their break times.

Regards,

Dear Prashant,

Let us assume that the worker's 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 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 of rest if he works for a period of 5 hours. So it can be understood that this break period is for his rest.

As you have not specified the exact timing for the snack break, I am unable to comment.

Trust the matter is clarified.

Regards,
M.V. KANNAN

Dear Prashant,

Responding to your queries:

Can Workers Sleep During Lunch & Snacks Breaks?

Lunch Break or Snack Breaks are meant to give workers time to rest and 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 Justifiable as per the Factories Act?

There is no stipulation in the Factories Act that specifically allows or prohibits this.

Regards,
Vasant Nair

This does not fall under the purview of the Factories Act at all. Secondly, sleeping during breaks is not constituted as misconduct. In fact, you should encourage a catnap as it is healthy and very refreshing.

Factory Act does not clearly define 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 the overall decorum and discipline of the office, I feel it does not amount to misconduct or indiscipline.

Regards,
G. Harikumar

Dear Prashanth, Sleep is a lengthy process. How could a person sleep during breaks? If he/she prefers, they could take a nap; however, not sleep. If an employee/worker is sleeping, then his/her schedule has to be revised. Maybe he/she has had a hectic schedule, and the body and mind cannot take it anymore.

During breaks (lunch/snacks, etc.), it is not advisable to take a nap. In my opinion, it is the only time we get to interact with colleagues, 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 advisable unless a person has had a hectic schedule for a 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 a person can take a nap or even sleep when there is pending work at the workplace.

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

Regards, Vidhya

The break given to workers is for relaxation or rest purposes only, so it is not a crime or breaking the law. As human beings, they also need some breaks.

Dear Prashant,

Sleeping during rest hours, lunch breaks, or tea breaks is not considered misconduct under the Factories Act. However, it is important to note that sleeping in the workplace is not permissible.

Regards,
Ravindran.A

Well Prashant,

During working hours, it is punishable, but during break hours, a person can relax according to his or her wish without disturbing the official environment.

Regards,
Sasmita Sahoo
HR
3i Infotech (vendor company)

I do agree with Mr. Vasant Nair. Lunch breaks or snack breaks are meant to give employees time to rest and 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. However, in an office where breaks are not declared or not being followed by the staff, it is not desired by anyone to take a nap in the working office (even beyond working hours).

Generally, sleeping on duty is considered misconduct in the Employee Handbook, HR manual, or Service Rules. The Factories Act is silent on sleeping during working hours (referring to lunch, dinner, breakfast, snacks, tea breaks). But sleeping on duty is considered misconduct.

Regards,
MATHUR AK

If workers are sleeping on the job, what steps (excluding legal action) should we take to ensure they avoid this behavior and perform their best? Please suggest.

Regards,
Vaibhav

Yes, it is permissible for any worker/staff to rest during lunch/tea breaks. The security guards, during their duty hours, can relax (meaning they can sit) in a chair, but they should not sleep, as one cannot stand at attention for extended periods.

Furthermore, it is noteworthy that if a worker/staff member takes a nap during lunch hours, they can rejuvenate themselves, leading to a significant boost in productivity.

To manage the break times effectively, you can consider playing some instrumental music at a minimal volume through the PA system. When the music stops, the workers/staff will understand that the break is over and will naturally return to work.

With warm regards,

S. Bhaskar

[Phone Number Removed For Privacy Reasons]

The important issue here is where he sleeps during the lunch break. If he sleeps in the office next to his computer, it can create a negative image for other people. However, if he does it somewhere else, for example, in his car, there is no problem. It is important to sensitize staff to sleep for enough hours at night, ideally 7.5 to 8 hours, so they do not feel extremely fatigued during the day.

Regards,
James

An employee can sleep during lunch hours. If an employee sleeps during working hours, it constitutes serious misconduct. You may issue a show cause notice for the first instance, and if it is repeated, give a warning letter. Find out the reason why the employee is sleeping during working hours; you may also ask for a medical check-up report. If the behavior persists, you may arrange a domestic enquiry and subsequently terminate the employee's services.

Dear Jitendra Singh,

Your sequence of taking action is rather strange.

First, you have suggested issuing a Show Cause Notice (SCN). An SCN is typically issued when making a decision about final punishment. In your post, it seems as if an SCN is just a caution letter for a delinquent employee.

Secondly, you suggested giving him a Warning Letter if the employee is found sleeping for the second time. Here, you need to ask for his explanation for the reason for this repetition and, if necessary, issue a Warning Letter.

Thirdly, you suggested termination without fully investigating the reasons for his repeated behavior of sleeping during working hours.

As a last resort, if he is habitually sleeping during working hours, he should undergo a medical check-up. An SCN should be issued to understand the reasons for these recurring incidents, followed by an inquiry. A reasoned decision should be made regarding the punishment, or suggesting remedial measures to prevent such incidents.

Termination alone is not the solution.

In my office, which has a separate manufacturing unit, the workers can rest for their own stipulated time. If the lunch hour is 1 hour, they take lunch within 10 minutes and then take a 30-minute nap before returning to work refreshed and on time. Many management personnel follow this principle as it brings a sense of freshness to the work environment.

I completely agree with Mr. Bhanot. If one is found sleeping on duty frequently, they should be sent for a medical check-up and necessary counseling. It would be disastrous to issue a show-cause notice.

Sleep is an expression of the body's needs, and it is not something you can control at will. I have always appreciated seeing someone in sound sleep; it exhibits peace of mind. Sleep is an inseparable part of life, and generally, it is difficult to control—at times, it is uncontrollable. Most HR professionals who do not engage in manual physical work may not fully appreciate the needs of those performing heavy physical tasks.

As some members have rightly said, in many cases, workers are subjected to 12-hour working days, which goes against legal provisions.

This depends on company policy. If the lunch break is official and typically 30 minutes, this time should not be included in the actual working hours. The employee can do what they want during this period, ensuring that they return to work immediately after lunch. However, if the lunch break is not official, it means employees can eat lunch while working. In this case, of course, sleeping is not allowed.

Thanks,

Dear Jitendra Singh,

Your sequence of taking action is rather strange. First, you have suggested issuing a Show Cause Notice. An SCN is normally issued when you are about to make a decision regarding final punishment. In your post, it seems as if an SCN is just a caution letter issued to a delinquent employee.

Secondly, you have suggested giving him a Warning Letter if the employee is found sleeping for the second time. Here, you need to ask for an explanation for the reason for this repetition and, if necessary, issue a Warning Letter.

Thirdly, you suggested to Terminate him upon knowing the reasons for his repeatedly falling asleep. However, as a last resort, if he is found habitually sleeping during working hours, he should undergo a medical check-up. An SCN should be issued to him to determine the cause of the recurring incidences, followed by an inquiry and a well-reasoned decision regarding the punishment to be given or not. If punishment is deemed necessary, the quantum of punishment should be decided, or remedial measures should be suggested to prevent such incidents from occurring.

Termination alone is not the solution.

You are absolutely correct, Mr. Bhanot, and this is an ideal Line of Action. I suggested the SCN primarily to understand the cause/reasons for sleeping during working hours. When we receive the explanation against the SCN, we should then give him a warning letter/caution letter depending on his explanation.

I agree that termination is not the solution, but in some cases, it becomes necessary. We should terminate an employee when it is proven through a medical check-up/domestic inquiry that the employee is habitually or willfully engaging in this behavior. Failing to take action will have a negative impact on other employees. Sufficient chances should be given to the employee before such action is taken.

Regards

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 a Bangalore-based company to allow its employees to take a 45-minute post-lunch nap.

The software product development firm believes that this will help employees 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.

Sleep has to do with the rhythm of the body. In the morning, when you are awake, you are fresh and active. The graph will slowly go down by afternoon, and you feel sleepy. After some rest, the graph will go up again, and by late evening, it will go down when you feel sleepy. This is very natural and hence should be looked at with sympathy.

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 reread the response posted by Mr. Raj Kumar. If you do that, you will find that Show Cause Notice and Charge Sheet have different meanings/implications and one cannot be a substitute for the other.

Vasant Nair

"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 for sleeping during working hours. When we receive the explanation against SCN, then we should give him a warning letter/caution letter, and this depends on his explanation.

I agree that termination is not the solution. But in some cases, this becomes necessary. We should terminate an employee when it is proven by medical checkup/domestic enquiry that the employee is habitually or willfully doing this. If we do not take action, this will have a negative effect on other employees. We should give sufficient chances to the employee before taking such action."

Dear Prashant, any employee is still bound by all the rules and regulations of the company until they leave through the main gate. As per the Factory Act/Standing Orders, lunch/tea periods/breaks are provided for having some food for freshness/rest only, not for sleeping or other activities, etc.

Regards,
D.N. Sharma - GGN - HR.

Can a worker sleep during duty hours after achieving the production target?

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It is important to maintain professionalism and adhere to company policies regarding rest breaks and work hours. It is advisable for workers to rest during designated break times rather than sleeping during duty hours. If there are specific concerns or special circumstances, it is best to communicate with management for clarification and guidance on appropriate behavior during work hours.

Sleeping on Duty and Break Time Policies

Sleeping on duty is termed as misconduct. However, if an employee takes rest or sleeps during the permitted break time, it will not be considered misconduct and cannot initiate disciplinary action. There are many companies in India that even provide mats/beds, pillows, and allow employees to sleep or rest from the start of break time until it is over. Hence, they can resume duty after the break.