Sleeping While On Duty - Misconduct

Dear Senior Friends,

As per the standing order, "Sleeping while on duty is a misconduct." But to what extent of sleeping will be considered acceptable? I mean, is a person who is totally asleep, as if it were bedtime, committing a major misconduct while on duty? What about individuals who, during the earlier hours or towards the end of their shift, simply lay down - is that also considered misconduct?

Could you please provide clarity on the guidelines regarding sleeping while on duty?

Regards,
PBS KUMAR

It all depends on the nature of duties entrusted to a "Sleeping Person." For example, a security personnel's sleeping will be more serious than that of a driver of an MD/CEO/GM/VP who sleeps when there is no work for him. I hope you got an idea.

Dear Senior Friends,

As per the standing order, "Sleeping while on duty is misconduct." But to what extent of sleeping will be considered misconduct? I mean, is a person who is totally asleep, just like at bedtime, committing a major misconduct while on duty? And what about those who, in the earlier hours i.e. towards the end of their shift, simply lay down? Is that also considered misconduct?

Could you please elaborate on the status of sleeping while on duty?

Regards,
PBS KUMAR

While on duty, sleeping is obviously a misconduct, but we must consider the duty involved for the person who sleeps. If a duty doctor or driver sleeps while on duty, it is considered as resting and not as sleeping. However, if a Security Guard sleeps while on duty, it is a serious misconduct.

Some offices run for 24 hours and 365 days. By considering the workload, the organization may deploy more staff on duty. In that case, the Shift in charge can decide who needs to be alert and who can be given rest while on duty.

The seriousness can be considered depending on the nature of duty, and the defaulters can be dealt with accordingly.

As others have opined, it all depends upon an organization and its rules. Please see the following resources for more information:

- Dismissal: unfair dismissal - sleeping on duty not gross dishonesty: [Dismissal: unfair dismissal - sleeping on duty not gross dishonesty](http://www.skillsportal.co.za/page/human-resource/case-law/700398-Dismissal-unfair-dismissal-sleeping-on-duty-not-gross-dishonesty)
- Sleeping or praying on duty - HR Future: South Africa's Leading Print, Digital, and Online Human Strategy Magazine ([HR Future](http://hrfuture.net))
- Search On Cite: [Sleeping or praying on duty HR Future South Africa's Leading Print Digital and Online Human Strategy Magazine](https://www.citehr.com/results.php?q=Sleeping or praying on duty HR Future South Africa 8217 s Leading Print Digital and Online Human Strategy Magazine) | Search On Google: [Sleeping or praying on duty HR Future South Africa's Leading Print Digital and Online Human Strategy Magazine](https://www.google.com/search?q=Sleeping or praying on duty HR Future South Africa 8217 s Leading Print Digital and Online Human Strategy Magazine)
- Sleeping While on Duty Law & Legal Definition: [Sleeping While on Duty Law & Legal Definition](http://definitions.uslegal.com/s/sleeping-while-on-duty/)

For more information, you can also refer to [Sleeping on Duty Case Law](https://www.google.co.uk/#q=sleeping+on+duty+case+law).

Dear PBS KUMAR,

I appreciate your query, the crux of which is:

"...But what extent of sleeping will be considered."

The "extent" has to be judged in the proper context.

For example, consider these situations:

1. A very senior officer like a VP or a Director, who often has to travel at short notices and is on tour during most of the after-office hours and on holidays; takes a few minutes nap in his cabin after lunch.

2. Workers in the continuous process industry, who have to go to the designated Rest Rooms, after every two hours, due to the extreme working conditions; snoozes during his rest-break.

3. Canteen workers taking "rest" in the canteen after the lunch-time is over.

4. An operator in the air-conditioned Control Room having displays and control units for all vital manufacturing processes, sleeping on his desk.

5. A crane operator falling asleep on his seat while production activities are taking place all around him.

6. A security personnel sleeping during his night shift.

etc.

I agree with Bhaskar's opinion of the differentiation between "sleeping on duty" and "taking rest".

Apart from the context, one has to examine the consequences of the apparent dereliction of duties by the concerned employees.

In the last three examples, serious punitive action needs to be taken, as the consequences of this lapse or misconduct can be disastrous, to both material and life.

Thus, the "extent" will depend on all these factors and not just on the gravity, depth, and involvement in the act of "sleeping".

Warm regards.

Dear Mr. PBS Kumar,

Why do we want to punish or take disciplinary action?

1) To prevent the employee from indulging in the particular act of misconduct.
2) To set deterrence to prevent others from indulging in the particular act of misconduct.
3) To establish discipline.
4) To create an environment conducive to effectiveness, be it productivity, safety, teamwork, cost-saving, etc.

In your case, the act of "sleeping whilst on duty" is hampering any of the organizational objectives or has the potential to hamper if not stopped. You need to make a decision and initiate disciplinary action. Whether it's sleeping, half-sleeping, lying down, or stretching legs on the table, these are secondary aspects. Since it will not amount to "sleeping," it will at least amount to negligence, etc.

Regards,
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65

PBS KUMAR,

The question posed is not specific. Undoubtedly, "Sleeping while on duty is misconduct" as per the standing order. However, details like who has slept, the nature of duty, and whether the sleep occurred during duty hours are not provided. The question suggests a scenario where a person is allowed to sleep but has overslept. Further elaboration is required to analyze the issue.

In the meantime, BOSS2966 has clarified a few cases, and his opinion is appreciated and can be considered.

SPKR

In my opinion, sleeping on duty is misconduct. It is immaterial whether a person is sleeping for hours or for a few minutes. We should keep in mind that sleeping on duty is misconduct and it should be dealt with according to the provisions of the Standing Orders of your organization.

Thanks.