Can Be Sleeping In Lunch Break Is Misconduct?

Can the worker/staff sleep during the lunch or snack breaks? Is this considered a type of misconduct?

Technically, that half an hour is his time, and he can do whatever he wishes to in that half an hour - anything means, go out, have lunch, or sleep if he is not feeling well. So, it can't be considered a type of misconduct.

Hi,

It is not misconduct until office work is hindered. If one has his own office, a resting room is provided for refueling one's body and giving it a break to work again. Rest is required whatever way one takes it. A donkey can work continuously for 8 hours, not a man. Off hours are one's own time; let everyone do what they want during that time.

No, not at all. The employee is taking rest only during lunchtime, which is not during working hours.

Matter has already been discussed at length in the previous post. Kindly check the post for further clarification.

Shish Uniyal

Dear Niket,

I work for a Chinese company. Here, all Chinese and a few Indians sleep on their desks during lunch break. I don't think it's misconduct. If an employee can feel refreshed after a 30-minute nap at their desk, it will increase their productivity.

In my opinion, the lunch break is excluded from working hours, and it's up to the employee to utilize it. If he wants to take a break with his head down, then there shouldn't be any concerns about it. It's his break time; let him utilize it.

Hi,

I have one more question regarding this. I agree that taking rest during the lunch break is not misconduct, but if he sleeps in the working area at his seat, then will that be acceptable or not.

Thank you,
Ravikiran Ivaturi

Of course, Ravikiran, that cannot be accepted. Once in a blue moon, it can happen that there's something serious, like a person being extremely unwell. Therefore, it's better to seek clarification for this rare scenario. The person can be asked to leave and rest. However, sleeping just for the sake of rest at the seat isn't acceptable and should be addressed as a part of office decorum.

Hi,

Taking rest and allowing individuals to get refreshed so they can return to work with more enjoyment is a good thing. Moreover, all employees will have their lunch, and if an individual can rest at their workstation without disturbing others...

It is not a daily occurrence for an employee to sleep at their workstation, only once in a while.

Thanks & Regards,
Shilpasri

In general, sleeping during lunchtime is not misconduct; however, it will be considered as misconduct when one exceeds the time limit while sleeping at the work area. Also, one must note that this should not be done on a regular basis, no matter even if it is lunchtime; once in a while is fine!

Dear Niket_Sinha,

I see from your profile that you have been a member since March 2008, yet I am surprised to note that you have posted this query; since it has been discussed threadbare several times earlier. You can research this topic using the option given at the top of this page. Also, you can browse "Similar Topics" given on the panel on the RHS of this window. A very lively discussion took place on this recently (last post on 5/12/2010) which had 33 posts: https://www.citehr.com/300018-factor...#axzz185Vl7Pxh I hope you will find the thread referred above interesting and informative. It is expected that old members would guide and help new members and freshers, rather than posting much-discussed issues.

Warm regards.

Dear Sinha and all other participants,

It is not a question of whether it is a lunch break or if it forms part of the work hours of the employee. The question that arises is the place the employee uses for their sleep during lunch hours.

If an employee sleeps on their office seat or in the working chamber, that is against the office/organizational decorum and should not be allowed. Even during lunchtime, several outsider visitors or dignitaries may happen to visit the office and see the staff sleeping. This instance goes against the prestige of the organization and discredits the organization before outsiders. It can be considered as misconduct. However, it is another matter if the management does not take any notice of such instances or chooses to ignore them.

However, if the employee sleeps in the restroom or employee recreation room provided by the organization, that can be exempt.

PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
dcgroup1962@gmail.com

niket_sinha asked:
"Can the worker/staff sleep during the lunch or snacks breaks? Is it a type of misconduct?"

No, but where and how he/she sleeps can be defined as misconduct if it creates any nuisance.

Sleeping during the lunch break is considered misconduct according to company rules if it is done at the office or work table. However, if sleeping occurs in the canteen or any other designated area for the same purpose, it is permissible. The rationale behind this policy is that sleeping can be a contagious behavior that may affect other employees over time, leading to a sluggish and tiresome atmosphere.

Sleeping during the lunch break is considered misconduct according to company rules if it is done at the office or work table. However, if sleeping occurs in the canteen or any other designated area, it is permissible. The rationale behind this policy is that sleeping can be a contagious behavior that may gradually affect all employees, resulting in a sluggish and tiring atmosphere. To prevent such effects on other staff members or coworkers, this rule has been implemented.

Two years ago, the Supreme Court of India delivered a judgment on this and clearly stated that "Sleeping at work is a gross misconduct, and management can terminate the person's job." Although few companies allow power naps and even provide "rest rooms" as part of liberal HR policies, please check before "sleeping." In case the company takes action against you, you will have nowhere to run.

I will provide the link to the judgment later on.

Hey,

If an employee is sleeping in the working area, it is a misconduct of the rules and regulations of the organization. In every organization, a rest room is provided only for employee benefits. If they want to take rest during their break, then the rest room is the only place because in the working area, activities such as customer dealing and cash handling are happening, which can affect the brand of the company.

Hi,

If somebody is sleeping in the working area at their seat, that will not be acceptable. However, sometimes it can happen that he/she is not feeling well and wants a break. In such a case, it will be acceptable if there is no rest room.

Regards,
Deepti

As per my knowledge, every company has a restroom or an eating area for employees where they can take a break. In the working area, they cannot do so because that will disturb the working environment.

Dear All,

This act fully depends on how his immediate supervisor is going to react. If he is not going to question him, then it will not become an issue. No one else in the company can question an employee without informing his immediate supervisor. Not even an HR person can do so. Only his immediate supervisor knows how much work that particular employee has done before he had slept. To punish or not has to be decided by the immediate supervisor, and definitely, it's not misconduct.

I feel no coz it's his time, and he/she should have full freedom to use it his own way, provided he is not doing any offense/activity which may adversely affect the office environment.

Hello Mr. Ravikiran Ivturi,

Sleeping during the lunch break is acceptable, but not in the working area. One can rest at the restroom or in the dining hall only during lunchtime.

Thank you,
B. Sitarama Rao
HR Manager

Hey, it's not misconduct, but one must not sleep on their desk. The person must avail restroom facility because sleeping on the desk may give a negative and sleepy sensation to the person sitting next, and their productivity will be affected. Thanks

I think if he can take rest outside of his workplace, as the workplace of a worker is typically near machinery, and napping near machinery could pose a safety issue.

Thank you.

I don't think that it's misconduct as the lunch break is a time when an employee can do whatever he wants. If he is not violating the contract or harming the company's assets in any way, it can't be called misconduct. It's his time; let him use it the way he wants. If sleeping is not interfering with his performance during work hours, it should be okay and not a problem.

Interesting! I would rather my employee sleep, rather than trying to be awake and not working. I guess the library or any other quiet place in the office is ideal for a power nap, especially during lunch hours, as the employee is then utilizing his/her time efficiently.

The fact is the employee also knows that he/she will be observed by others and only does so if they are majorly sleep deficient. If the employee is not feeling well or is seriously sleep deprived, an hour or so of rest will not hurt the employer. Productivity might increase after the employee is refreshed. The question is, if this behavior is frequent, what is the reason.

Well, if the office is closed, he may sleep at his desk; if some are functioning, it's not proper to sleep in the office.

Question should have been as below: Can sleeping in/during lunch break be considered misconduct? or Is sleeping in/during lunch break considered misconduct? This is the second thread in today's newsletter with "Can" & "Is." Just thought to tell you, I am not a scholar in English though.

Regards, Salahduheen

Hi Salahduheen,

If the office is closed, he may sleep at his desk; if some are functioning, it's not proper to sleep in the office.

The question should have been as follows:

Can sleeping in or during a lunch break be considered misconduct?
or
Is sleeping in or during a lunch break considered misconduct?

This is the second thread in today's newsletter with "Can" and "Is."

Just thought to tell you, I am not a scholar in English though.

Regards,
Salahduheen

Dear All,

Mr. P.S. Dhingra has rightly clarified the matter. I agree with him.

Prakash Salunkhe

Hello, I am Poornima. After lunch, employees should not sleep because the work gets spoiled. If they are tired, they can rest in the restroom; that's the best idea.

Hello, I am Poornima. After lunch hour, everyone feels sleepy, but the employees can't sleep as it will affect their work. To combat this, they can wash their face and continue working to reduce the urge to sleep. If they feel tired, they can rest in the rest room; that's the best idea.

Dear Ravi,

If you are not able to provide him a lunchroom or restroom, or not allow him to sit in any corner of the factory, what will you do? But as per the law, it is not permissible to sleep in his working area. Some modern factories have their own internal regulations stating that nobody should be allowed in the working area during lunch or break times for various reasons. You can understand this better in the future, especially if you work in a plant. On a humanitarian basis, a short nap can provide good refreshment to work after lunch. Even a 5-minute nap can give a good boost and reduce our tiredness, something I did in my early days.

With regards,
flyingstarter.

Dear all,

All the above comments are unanimous in the opinion that yes, one can sleep during lunchtime. There is no dispute about this. However, when it comes to sleeping at their working area, there are two considerations. If one is working in the machine shop (manufacturing area), then yes, he can do so. If it is an office, there is nothing wrong, but this would not be in line with office decorum. In this sense, it is not okay, but they can do so either in the restroom or in the canteen area. It is acceptable as long as they do not disturb others with their snoring!

Dr. Nagaraj

Just think, if all the staff are sleeping at their desks during their lunch break as a matter of their time, and in case of an emergency without any appointment, a visitor comes to the company, what will be your company's image? It is not advisable to sleep in the office.

Hi Dr. Nagaraj,

I don't think you have seen all the posts on the issue, particularly my post on the 2nd page. Had you seen my views, you would not have declared all the comments to be unanimous on sleeping in the office. I have clearly stated that the same should be treated as misconduct, as the act goes against office/organizational decorum.

Hi,

It is simple. In the Employee's contract, it is stated the working hours and then the break hours. For example: Normal Working hours - 8 am to 4:30 pm (8.5 hrs) Lunch hour - 1 pm to 2 pm (1 hr). However, when it comes to the payslip, you are only paid 7.5 hrs, which means that the 1 hr lunch break is not paid for. Therefore, whatever you do in this hour is totally up to you unless stated otherwise in the contract, such as "no alcohol on working premises, no sleeping on working premises, etc."

Hope this helps.

Regards,
Lena

Hi Rea,

Funny to read your views! In other words, by discipline in office premises, do you mean to say that had you been the owner or CEO of any organization, you would have allowed anyone to do any nonsense act during lunch hours? For example, drinking alcohol, gambling, fighting, slapping, teasing, or even sexually harassing female members by male members, involvement in anti-national activities, abusing loudly the management, and many other things as per the sweet will of the employees, if all these things are not included in the contract? Do you think all these activities are legitimate to be done within the premises of an organization if they find no mention in the contract or agreement of an employee?

Don't you feel that the members of an organization should have a sense of responsibility and some ethics that are not specifically written in their contract?

For your information, nowhere in the payslip or in any rules or regulations is it mentioned that you are paid for 7.5 hours. In any document, you can find the mention of a lunch break so that no employer may become inhuman towards his/her employees.

Hi,

Sleeping during a lunch break is not considered misconduct. However, whether it is seen as misconduct depends on where you choose to sleep or nap. As mentioned in several posts within this discussion, if the company offers a designated rest area, then it is appropriate to utilize that space for sleeping or napping. Conversely, sleeping or napping at your workstation is not advisable as it can negatively impact an employee's motivation to come to work regularly.

Thanks.

Hi,

It is not only misconduct to sleep in the working area, but it is also unacceptable behavior according to organizational rules and ethical perspective. If he or she feels a kind of stress about his or her work resulting in sleeping in the working area, he/she should consult with his manager rather than creating a boring environment in the working area.

Regards,
Liaqat Ali Khan

Hi,

Working area and working timings are two different aspects. If the workers sleep at their desk during the break period, this is not misconduct if the area/process is not hazardous.

Now, this again comes down to the organization not providing a rest room for workers, which is addressed in the Act.

So, in short, let them sleep during break time. Be cool.

Thanks.

Dear Shilpa,

A rest period allowed by an employer to an employee is their time during which they can take their break or have their lunch, depending on their preference. It is not considered misconduct in any way, I believe.

Ajay

[QUOTE=niket_sinha;1367306]Can the worker/staff sleep during the lunch or snacks breaks? Is it considered a type of misconduct?

Dear Friend,

Sleeping during the lunch break is not considered misconduct. However, if he/she is sleeping during office hours, then it can be considered misconduct.

Meenu

It is misconduct. Lunch break for lunch, not to sleep. As long as the employee is in the factory, he has to be awake for 8 hours.

Dear Mr. Niket,

Sleeping while on duty is misconduct, but sleeping during a break will not be considered as such.