Is a Memo Necessary for a Worker Sleeping During Overtime? Seeking Guidance on Misconduct

Dear Sir,

I have a query related to issuing a memo to a worker. The worker is working the OT shift, and he is sleeping during his overtime duty. Is it necessary to give him a memo regarding this misconduct? Please guide me related to this issue.

Dear Mayur,

Before we give our comments, we need to know what was the duration of his shift, when OT started, when he was found sleeping, who found him, how the work was impacted, whether his sleeping was a safety hazard, etc.

An office memorandum is a legal communication; therefore, before the issue of this memo, one should verify whether the cause of the memo is legally acceptable. Lest it may do more harm than good!

Thanks,

Dinesh Divekar

Disciplinary Action for Sleeping on Duty

Sleeping while on duty constitutes grave misconduct punishable under the Certified Standing Orders applicable to your establishment. Based on the incident report (generated, submitted, or forwarded by the shift supervisor or their immediate in-charge), arrange to issue a charge sheet to the concerned employee seeking their reply/explanation. Order a domestic inquiry in accordance with the principles of natural justice and the procedures laid down by the apex court for such inquiries. Based on the inquiry report findings, be prepared to take action as per your disciplinary procedure.

Sleeping on duty has caused serious accidents, safety violations, and triggered poor workplace discipline, thereby vitiating the work atmosphere. Taking disciplinary action is a non-negotiable prerogative of the employer.

For any further clarifications, you may contact the Kritarth Team at [Email Removed For Privacy Reasons] or [Email Removed For Privacy Reasons] or call [Phone Number Removed For Privacy Reasons].

Kritarth Team is led by an XLRI alumnus possessing four decades of hands-on work experience in a manufacturing setup.

Regards, Kritarth Team

Dear Sir,

The shift timing was 8 hours. During his overtime shift, he was found sleeping at 6:30 am, and the factory manager caught him in that position.

So, my question is, is it valid if I give him a memo during his overtime shift?

Feedback on Providing Complete Information

In your second post, you have not provided complete information. Your posts are very brief. What is the logic behind withholding information? When seeking advice from seniors, it is not advisable to write short messages. How many hours did the worker work after completing his regular shift? This simple question could have been answered. It is hardly expected from HR to omit such details. Please note that HR is not exempt from the basics of grammar!

Advice for the Kritarth Team

It is not advisable to use complex words or phrases in our replies, such as "principles of natural justice" or "apex court," unless we know all the facts of the case. Employers are not as pure as lilies; they also exploit workers to the core. The principles of natural justice are not a one-way street. What if the worker had worked for 10 or 12 hours? If the employer wanted to take action even after the worker had worked for more than 10 or 12 hours, what advice would you give? Do we know under what circumstances the worker had slept? Who told you that sleeping while on duty is "grave misconduct"?

Professionalism in Posts

Look at both posts from the originator of this thread. Both are unprofessional. The worker could possibly be as unprofessional as HR! Therefore, we, as consultants, need to maintain neutrality without taking sides.

Thanks,

Dinesh Divekar

Dear Sir,

The day shift timing was 8 hours; he was in the 2nd shift (4:00 pm to 11:00 pm), and the overtime shift was the 3rd shift (11:00 pm to 8:00 am). He slept at 6:30 am in the morning. The factory manager caught him in that position. So, I have written notes given by the factory manager, and based on that, I have to proceed further.

My question is, is it valid if I give the memo during his overtime shift?

Understanding Overtime and Worker Conduct

I understand that after working his full regular shift the previous day, the worker was asked to work continuously in the next full shift, which would end by 8:00 A.M. the next day. Unfortunately, the Factory Manager found him sleeping during working hours at 6:30 A.M. This indicates that he was asked to work overtime for more than 2 hours continuously after his regular shift.

Can't you realize that this is a clear violation of working hours, including the time limit on overtime work? Statutory caps on working hours and overtime are based on scientific research regarding physical endurance, health hazards, productivity impacts, and accident proneness.

Hence, my suggestion would be not to escalate the issue with any disciplinary action. If you want to appease the Factory Manager, who seems to be a strict disciplinarian, suggest that the worker may be warned this time.

Regards

Whether it is during regular duty or overtime, the employee should work diligently, especially while operating machines or participating in the manufacturing process.

Sleeping while on duty, whether during regular work hours or overtime, is considered a serious misconduct.

In such cases, issue a memo to the employee, request an explanation, and take appropriate disciplinary action. If a lenient approach is preferred at this time, issue a warning and document it in the employee's personal record.

Thank you all for giving your opinions, which will be useful to me in the future. In this matter, the workers also agree to continuous duty after their regular hours.

In this case, what should I do for legal procedures? Should I suggest to the Facilities Manager not to assign overtime duty for more than 2 hours?

Thanking you.

The Human Approach in HR

There is a reason we are called "Human Resources." I would like to go with Mr. Umakanthan's advice. One should empathize and sympathize with him; after all, he was doing a double shift with elongated hours. Think of yourself in that position. All rules and policies are fine and understood, but where is the moral approach to the situation? Issuing a memo for a natural human process—is that what everyone means? Getting enough rest and sleep is a natural process, remember? Talk to him and let him go, simple...!!! HR is the employees' advocate.