Dear Seniors,
Can the worker/staff sleep during the Lunch & 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!
From India, Pune
Acknowledge(0)
Amend(0)
47Can the worker/staff sleep during the Lunch & 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!
From India, Pune
Acknowledge(0)Amend(0)
Hi Sleeping or rest in proper place during the Lunch & or Snacks Breaks, not against the discipline.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
dear parshant, break time is seprate from working hours. it is not calculated under working hours, so let them sleep in break times. with regards
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
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 the 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.
M.V. KANNAN
From India, Madras
Acknowledge(0)Amend(0)
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 the 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.
M.V. KANNAN
From India, Madras
Acknowledge(0)Amend(0)
Dear Prashant,
Responding to your queries:
Can the worker/staff sleep during the Lunch & Snacks Breaks?
Lunch Break or Snack Breaks are meant to give time to the workers 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 (I am talking about the Lunch/Dinner/Breakfast/Snacks/Tea Breaks) justifiable as per the Factories Act?
There is no stipulation in the Factories Act that specifically allows or prohibits this.
Vasant Nair
QUOTE=prashant1314;1353781]Dear Seniors,
Can the worker/staff sleep during the Lunch & 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!!!![/QUOTE]
From India, Mumbai
Acknowledge(0)Amend(0)
Responding to your queries:
Can the worker/staff sleep during the Lunch & Snacks Breaks?
Lunch Break or Snack Breaks are meant to give time to the workers 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 (I am talking about the Lunch/Dinner/Breakfast/Snacks/Tea Breaks) justifiable as per the Factories Act?
There is no stipulation in the Factories Act that specifically allows or prohibits this.
Vasant Nair
QUOTE=prashant1314;1353781]Dear Seniors,
Can the worker/staff sleep during the Lunch & 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!!!![/QUOTE]
From India, Mumbai
Acknowledge(0)Amend(0)
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.
From India, Rajkot
Acknowledge(0)Amend(0)
0
0
From India, Rajkot
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[B]Response[/B]: Sleeping during breaks is not governed by the Factories Act, but allowing it depends on company policies. Encouraging short naps can boost productivity. (1 Acknowledge point)
0
0
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.
G. Harikumar
From India, Mumbai
Acknowledge(0)Amend(0)
G. Harikumar
From India, Mumbai
Acknowledge(0)Amend(0)
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
From India, Bangalore
Acknowledge(0)Amend(0)
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
From India, Bangalore
Acknowledge(0)Amend(0)
How can we fight with the organization when employers are compelling employees to work 13-14 hours instead of the mandated 8 hours as per the Companies and Factories Act?
Which section and act make this practice illegal, and what actions can be taken against them? Is there any law that can help us stop this exploitation?
Government agencies are also not taking action against these violations. In such circumstances, what should we do?
Thanks,
Avinash Kumar
From India, Patna
Acknowledge(0)Amend(0)
Which section and act make this practice illegal, and what actions can be taken against them? Is there any law that can help us stop this exploitation?
Government agencies are also not taking action against these violations. In such circumstances, what should we do?
Thanks,
Avinash Kumar
From India, Patna
Acknowledge(0)Amend(0)
The break which given to workers is for the relax or rest sake only, so it is not a crime or breaking law.. as a human being they also need some breaks..
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Prashant, Sleeping during rest hours/lunch break/tea break is not a misconduct as per the Factories Act. Take note that they should not sleep in work place. Ravindran.A
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Well Prashant,
During working hours, it is punishable, but during break hours, a person can relax according to his/her wish without disturbing the official environment.
Regards,
SASMITA SAHOO
HR
3i Infotech (vendor company)
From India, Bangalore
Acknowledge(0)Amend(0)
0
0
During working hours, it is punishable, but during break hours, a person can relax according to his/her wish without disturbing the official environment.
Regards,
SASMITA SAHOO
HR
3i Infotech (vendor company)
From India, Bangalore
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)
0
0
I do agree with Mr. Vasant Nair,
Lunch break or snack breaks are meant to give time to the employee 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.
MATHUR AK
From India, Delhi
Acknowledge(0)Amend(0)
Lunch break or snack breaks are meant to give time to the employee 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.
MATHUR AK
From India, Delhi
Acknowledge(0)Amend(0)
Dear All, If workers are sleeping on work, what steps (Not legal Action) we need to take so that they will avoid the same and do their best? Please suggest. Regards, Vaibhav
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[response] Workers sleeping during breaks is not typically allowed as it conflicts with the purpose of the break. Encourage a restful break environment without sleeping. (1 Acknowledge point)
0
0
Dear Mr. Prasanth,
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
9099024667
From India, Kumbakonam
Acknowledge(0)Amend(0)
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
9099024667
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear ALL Thanks for the wonderful, healthy and knowledgeable (technically right) responses. It does raises the bar on the quality of replies/posts. Please keep up the good work. Warm regards.
From India, Delhi
Acknowledge(0)Amend(0)
0
0
From India, Delhi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[The worker/staff should not sleep during lunch/snack breaks as it may violate work policies on productivity. However, laws may not explicitly address this.] (1 Acknowledge point)
0
0
Dear all,
The important issue here is where does he sleep during the lunch break. If in the office next to his computer, it can create a negative image for other people. 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.
James
From Kenya
Acknowledge(0)Amend(0)
0
0
The important issue here is where does he sleep during the lunch break. If in the office next to his computer, it can create a negative image for other people. 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.
James
From Kenya
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The worker can sleep during breaks, but it's advisable to do so in appropriate places, not at the desk. Encouraging adequate sleep is vital. (1 Acknowledge point)
0
0
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.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
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.
From India, Chandigarh
Acknowledge(0)Amend(0)
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.
From India, Chandigarh
Acknowledge(0)Amend(0)
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.
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
Many management personnel follow this principle as it brings a sense of freshness to the work environment.
From Saudi Arabia, Riyadh
Acknowledge(0)Amend(0)
I agree with raj kumar But remember to consider human as human Think what is necessary not what it should be.
From India, Vadodara
Acknowledge(0)Amend(0)
From India, Vadodara
Acknowledge(0)Amend(0)
I completely agree with Mr. Bhanot. If one is found sleeping on duty frequently, he should be sent for a medical check-up and necessary counseling. It will be disastrous to give a show-cause notice.
Sleep is an expression of the body's needs, and it is not that you get sleep when you ask for it. I have always liked to see someone in sound sleep. It exhibits peace of mind when you get good sleep. Sleep is an inseparable part of life, and generally, it is difficult to control - at times, it is uncontrollable. Most HR people who do not do manual physical work may not fully appreciate the needs of those doing heavy physical work.
As some members have rightly said, now in most cases, workers are subjected to 12-hour working days against legal provisions.
From India, Coimbatore
Acknowledge(0)Amend(0)
Sleep is an expression of the body's needs, and it is not that you get sleep when you ask for it. I have always liked to see someone in sound sleep. It exhibits peace of mind when you get good sleep. Sleep is an inseparable part of life, and generally, it is difficult to control - at times, it is uncontrollable. Most HR people who do not do manual physical work may not fully appreciate the needs of those doing heavy physical work.
As some members have rightly said, now in most cases, workers are subjected to 12-hour working days against legal provisions.
From India, Coimbatore
Acknowledge(0)Amend(0)
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,
From Kuwait, Kuwait
Acknowledge(0)Amend(0)
Thanks,
From Kuwait, Kuwait
Acknowledge(0)Amend(0)
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 Bangalore-based company allow its employees to take a 45-minute post-lunch nap. The software product development firm believes that this will help them 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.
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
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.
From India, Coimbatore
Acknowledge(0)Amend(0)
From India, Coimbatore
Acknowledge(0)Amend(0)
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."
From India, Mumbai
Acknowledge(0)Amend(0)
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."
From India, Mumbai
Acknowledge(0)Amend(0)
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.
D.N. Sharma - GGN - HR.
From India, Delhi
Acknowledge(0)Amend(0)
0
0
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.
D.N. Sharma - GGN - HR.
From India, Delhi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[response] The user's reply is mostly correct. However, it's important to note that some industries or specific job roles may allow for short naps during designated break times. Factories Act emphasizes rest and refreshment during breaks. (1 Acknowledge point)
0
0
can worker sleep in his duty hours after achieving the target of production
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
morning break fast 5.30 a.m it is convenient for employee for eating times
From India, Chennai
Acknowledge(0)Amend(0)
From India, Chennai
Acknowledge(0)Amend(0)
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.
From India, Kochi
Acknowledge(0)Amend(0)
0
0
From India, Kochi
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user reply is [B]correct[/B]. Thank you for the detailed explanation and insights. (1 Acknowledge point)
0
0
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
FACTORY ACT 1948.xls
Amendment of factory act MP rules.pdf
CiteHR.AI
(Fact Checked)-[The user reply is correct. Resting or sleeping during lunch or snack breaks is generally acceptable as long as it does not disrupt work operations.] (1 Acknowledge point)