The Supreme Court ruled that sleeping on the job is a valid ground for dismissal for jobs whose duty necessitates that they be awake and watchful at all times inasmuch as their functions is to protect the company from pilferage or loss ( Luzon Stevedoring Corp. v. Court of Industrial Relations (15 SCRA 660).
Can you be dismissed for sleeping on duty?
Sleeping on duty can be defined as falling asleep by an employee during his/her duty hours. In some workplaces, this is considered an act of gross misconduct and may result in disciplinary action which could lead to termination of employment.
Is sleeping on duty a misconduct?
Sleeping on duty during working hours is a situation where an employee fails to carry out his duties as expected; it is actually a form of misconduct. It is therefore crucial to act proactively to prevent such a situation.
How do you prove sleeping on duty?
When the employer suspects an employee of sleeping on duty, it is vital to confirm that the employee is actually sleeping by doing the following:
- Speak to the employee and call him/her by name;
- Knock on the door or make a similar noise, e.g. clapping your hands together;
- Gently shake the employee’s shoulder or back.
How do you handle an employee who is sleeping at work?
What To Do If An Employee Falls Asleep At Work
- If The Employee Is Causing Immediate Danger To Themselves Or Others, Find A Way To Intervene. …
- Refer To Your Official Policy On Employees Falling Asleep At Work. …
- Check Your Office Environment. …
- Chat With The Employee. …
- Decide On A Reasonable Punishment.
What is considered sleeping on the job?
Sleeping while on duty can be a ground for discharging a person from his/her job. It is falling asleep by an employee during his/her duty hours. In some workplaces, this is considered a gross misconduct in some companies and may result in disciplinary action or even a termination of employment.
What is considered gross misconduct?
Defining Gross Misconduct
Examples of gross misconduct include: Fighting or making violent threats in the workplace. Stealing or vandalizing company property. Falsifying personal information or work history. Repeated tardiness or absences.
How do I stop sleeping on duty?
7 Ways Security Officers Can Stay Awake on Duty
- See the Light. Researchers have found that blue light is linked to alertness. …
- Stretch and Move. …
- Exercise Your Mind. …
- Eat Smart. …
- Stay Hydrated. …
- Create Your Own Accountability. …
- Use a Guard Tour System.
Can you get fired for sleeping with a colleague?
Everyone is entitled to a private life and having a relationship with a colleague should not be a sacking offence. If you have been sacked just because of the affair, and have sufficient service, then you can make a complaint of unfair dismissal to an Employment Tribunal.
What are the types of misconduct?
The main types of misconduct are offensive behavior, damage and theft, unsafe behavior and general policy infractions.
Do security guards sleep?
Security guards work long hours – most of them even work day and night. One of the biggest challenges they face while working is not sleeping on the job. Some are finding it hard to fight sleepiness, while some thought they won’t be caught and just being blatantly disrespectful.
Can you sleep on your break at work UK?
There is no law on whether you can sleep at work in the UK, but there are rules and rights regarding rest and breaks for workers.
Does sleep apnea fall under FMLA?
Fortunately, the Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) both contain provisions to protect employees with diagnosed medical conditions. … Sleep apnea is a common condition and not something to be ashamed of.
Why is it bad to sleep on the job?
Sleep deprivation can result in impaired judgment, lower productivity and a higher likelihood of accidents, writes Dr Tony Massey. A result of poor judgment, it was partly attributed to pilot fatigue and a lack of sleep. …