Security Guards Sleeping on Duty: Can We Legally Impose Penalties or Termination?

Dear Senior Members, please let me know if any security guard is caught sleeping during working hours. Can we include a clause for termination or penalty in the Security Services? If yes, what points are covered, and up to what amount do we impose as a penalty?

Your advice is highly appreciable.

Regards, Swati

Hi, I hope you are using security services through an external agency? In that case, you can ask the security agency for the replacement of the security personnel. Even if the guard is a direct employee of your company, for any such misconduct, initially a warning should be issued, and termination cannot proceed directly.

Dear Sir, Yes, we have hired a security agency, and my management has asked me to penalize the security agencies up to a certain amount. Please let me know what steps I need to take in this case. Please guide.

Regards, Swati

Hi, Sleeping during work hours is a serious misconduct, especially for security staff. I am unsure whether the security guard was found sleeping on one occasion or multiple occasions. If it is the latter and the guard has already been warned for such behavior, then it is necessary to write a letter to the security agency regarding this incident. Emphasize the gravity of this situation as a significant security threat to the company and state that the full salary for the security guard cannot be processed. Consider withholding one week's salary or a lump sum amount and negotiate this with the security agency.

Review the terms and conditions that were agreed upon with the security agency to determine if there is a specific clause related to holding payments for deficiencies in services provided. If such a clause exists, you can cite it and proceed with withholding the payment. However, it is likely that the security agency may not readily accept this and will engage in negotiations with you.

Hello Swati, I discovered that an employee was found sleeping while on duty, which reflects poor security management overall. In the future, you can mark it as a No Entry and arrange for an immediate replacement. Additionally, you can schedule a meeting with the Security agency representative (Field Supervisor) to ensure that such incidents do not recur in the future.

Requesting Justification
It would be beneficial to send an email requesting justification along with evidence photos as this behavior is unacceptable from a security perspective.

Every security agency enters into an agreement with the principal employer. Penalty clauses are usually mentioned in case of failures on the part of security agencies or their guards. Sleeping on duty is, however, a common clause. Based on this, a security agency can be warned, fined, or both. It is the responsibility of the agency to provide guards who are trained and have a sense of responsibility towards their duty.

Please refer to the Bharat Forge case law regarding a security guard sleeping while on duty.