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.
From India, Vapi
Acknowledge(0)
Amend(0)
3I 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.
From India, Vapi
Acknowledge(0)Amend(0)
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
From India, Bangalore
Acknowledge(0)Amend(0)
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
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Guidance Seeker,
Sleeping while on duty constitutes grave misconduct punishable under the Certified Standing Orders applicable to your establishment.
Based on the incident report (report generated, submitted, or forwarded by the shift supervisor or his 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 enquiry 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 Kritarth Team at info@kritarth.in / hksharan@kritarth.in or call 91 9560 453 756.
Kritarth Team is led by an XLRI alumnus possessing four decades of hands-on work experience in a manufacturing setup.
14.9.2016
From India, Delhi
Acknowledge(0)Amend(0)
Sleeping while on duty constitutes grave misconduct punishable under the Certified Standing Orders applicable to your establishment.
Based on the incident report (report generated, submitted, or forwarded by the shift supervisor or his 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 enquiry 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 Kritarth Team at info@kritarth.in / hksharan@kritarth.in or call 91 9560 453 756.
Kritarth Team is led by an XLRI alumnus possessing four decades of hands-on work experience in a manufacturing setup.
14.9.2016
From India, Delhi
Acknowledge(0)Amend(0)
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?
From India, Vapi
Acknowledge(0)Amend(0)
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?
From India, Vapi
Acknowledge(0)Amend(0)
Dear Mayur,
In your second post also, you have not given complete information. Your posts are very short in nature. What is the logic of withholding the information? When asking advice from seniors, it is not advisable to write short messages. For how many hours did the worker work on completion of his regular shift? This simple question could have been answered. Hardly is this expected from HR. Please note that HR is not exempt from the basics of grammar!
For Kritarth Team: It is not advisable to use big words or phrases in our replies like "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"?
Look at both posts from the originator of this post. Both are unprofessional. The worker could possibly be as unprofessional as HR! Therefore, we, the consultants, need to maintain neutrality without taking sides.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
In your second post also, you have not given complete information. Your posts are very short in nature. What is the logic of withholding the information? When asking advice from seniors, it is not advisable to write short messages. For how many hours did the worker work on completion of his regular shift? This simple question could have been answered. Hardly is this expected from HR. Please note that HR is not exempt from the basics of grammar!
For Kritarth Team: It is not advisable to use big words or phrases in our replies like "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"?
Look at both posts from the originator of this post. Both are unprofessional. The worker could possibly be as unprofessional as HR! Therefore, we, the consultants, need to maintain neutrality without taking sides.
Thanks,
Dinesh Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
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?
From India, Vapi
Acknowledge(0)Amend(0)
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?
From India, Vapi
Acknowledge(0)Amend(0)
Shri Dinesh Divekar ji, Your reply above is appreciated. Your reply to the Kritarth Team is very much appreciated, who has 4 decades of hands on work experience. Regards,
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Dear Mayur Tandel,
Your second shift is from 4 PM to 11 PM. That is 7 hours, and with a 30-minute break for dinner, it is only 6 hours and 30 minutes. Your third shift is from 2300 hrs to 8 AM. That is 9 hours, and with a break of 30 minutes, it is 8 hours and 30 minutes. Please confirm the timing of the shifts.
From India, Madras
Acknowledge(0)Amend(0)
Your second shift is from 4 PM to 11 PM. That is 7 hours, and with a 30-minute break for dinner, it is only 6 hours and 30 minutes. Your third shift is from 2300 hrs to 8 AM. That is 9 hours, and with a break of 30 minutes, it is 8 hours and 30 minutes. Please confirm the timing of the shifts.
From India, Madras
Acknowledge(0)Amend(0)
Dear Mayur,
I understand that after working his full regular shift the previous day (since I found an overlapping of two shifts from the timings mentioned in your latest response, I didn't take the spread overs here into account), the worker was asked to work continuously in the next full shift which would end by 8:00 A.M. the next day - okay? To his bad luck, the Factory Manager who visited the shop floor the next day found him sleeping during working hours at 6:30 A.M. So, it is evident that he was asked to work overtime for more than 2 hours continuously in the next shift after his day's normal work. Can't you realize that this is a clear violation of working hours, including the time limit on overtime work on your part? Statutory caps on working hours and overtime work are not based on mere rules of thumb but on scientific research on normal physical endurance, health hazards, negative impacts on work such as productivity, and accident proneness, and the like. Hence, my suggestion would be not to precipitate the issue with any kind of disciplinary action. If you want to please the F.M who seems to be a ruthless disciplinarian, suggest that the poor workman may be warned this time.
From India, Salem
Acknowledge(0)Amend(0)
I understand that after working his full regular shift the previous day (since I found an overlapping of two shifts from the timings mentioned in your latest response, I didn't take the spread overs here into account), the worker was asked to work continuously in the next full shift which would end by 8:00 A.M. the next day - okay? To his bad luck, the Factory Manager who visited the shop floor the next day found him sleeping during working hours at 6:30 A.M. So, it is evident that he was asked to work overtime for more than 2 hours continuously in the next shift after his day's normal work. Can't you realize that this is a clear violation of working hours, including the time limit on overtime work on your part? Statutory caps on working hours and overtime work are not based on mere rules of thumb but on scientific research on normal physical endurance, health hazards, negative impacts on work such as productivity, and accident proneness, and the like. Hence, my suggestion would be not to precipitate the issue with any kind of disciplinary action. If you want to please the F.M who seems to be a ruthless disciplinarian, suggest that the poor workman may be warned this time.
From India, Salem
Acknowledge(0)Amend(0)
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.
From India, Hyderabad
Acknowledge(0)Amend(0)
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.
From India, Hyderabad
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
The Darkside of Sleeping Pills.pdf
Sleeping-Baby-- 32280.jpg
Average annual hours actually worked per worker.rar