Legal Question in Employment Law in India
misconduct of Workman
Does sleeping on duty amounts to a Misconduct of Workman.???Can employer dismiss such Workman on account of repitetion of misconduct??
Asked on 11/24/08, 1:38 pm
3 Answers from Attorneys
Nasir Butt
Nasir Law Associates
Re: misconduct of Workman
Since sleeping on job is against the object of job, therefore it is considered misconduct, thus employer has right to dismiss his employee.
Answered on 11/25/08, 8:10 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Re: misconduct of Workman
In normal situation, it should be considered a 'misconduct' and employer should have a writ to dismiss such employee if the misconduct is proved.
Answered on 11/24/08, 6:42 pm
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
Re: misconduct of Workman
sleeping on duty is a misconduct but if the workman can substantiate that he slept due to some medical problems or lack of sleep due to overtime, then it may not amount to misconduct.
Answered on 11/24/08, 11:55 pm
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