How to Handle an Employee Caught Sleeping at Work Without Photo or Video Evidence?

Greetings!

If an employee is found sleeping in the workplace during working hours, but we don't have evidence such as a photo or video, and only the concerned HR or Security Personnel has witnessed it, management may not be able to take any action. In such cases, physical proof like a photo or video of the employee sleeping on the job would be necessary for management to consider taking action. If action is warranted, could you please explain the procedure to follow?

Thanks

Mr. Bharath,

As the complaint has reached you, first take the declaration from the witnesses. Then, based on the declaration, you can provide a show cause notice to the employee who was sleeping and ask him for an explanation in writing. He will provide in writing what has happened. If he accepts the mistake, you can give him a warning letter to ensure it is not repeated.

Conducting Preliminary Investigations for Workplace Incidents

Any act has many impacts. You should conduct preliminary investigations even before issuing a Show Cause Notice (SCN). For instance, whose work area was it where the employee was found sleeping? Who performed his work while he was sleeping? What were the results of his sleeping?

There can be many more such questions, and all answers will relate to certain documents. Search for them. Natural evidence is preferable to created evidence, such as photos or videos.

Regards, P K Jadia Labour Law Consultant, Silvassa UT of DNH and DD [Phone Number Removed For Privacy-Reasons]

It is a misconception that documents alone constitute evidence. Oral evidence, based on deposition witnesses who have been duly cross-examined, stands on the same footing as documentary evidence. In fact, there cannot be any authentic documentary evidence as to the instances described.

Principle of Preponderance of Probability in Disciplinary Actions

Certainly, as the DE does not attract the 'beyond reasonable doubt' theory, it instead attracts the principle of preponderance of probability. No doubt, oral evidence can be relied upon. However, in the case of oral evidence, there are many practical limitations, whereas documentary evidence, which is available in the natural course of action, like I mentioned in my post, cannot be and should not be ignored. If ignored, it may create other probabilities.

Each case has its circumstances and must be acted upon accordingly. If there is no photo or video, there is no need to worry. Mr. Bharath has the option to proceed based on oral evidence supported by 'natural documentary evidence'.

Regards, P K Jadia Labour Law Consultant, Silvassa UT of DNH and DD

[Phone Number Removed For Privacy-Reasons]

Procedure for Handling an Employee Found Sleeping at Work

You can provide a show-cause notice to the employee who was sleeping and ask him for an explanation in writing. He will provide in writing what happened. If he accepts the mistake, you can issue a warning letter to prevent its recurrence.