Sleeping or watching series at work

Falling asleep at work, especially in sensitive sectors such as surveillance or transportation, may constitute sufficient grounds for dismissal. According to the courts, there is a serious and culpable breach that allows for disciplinary dismissal, without compensation in the following cases:

• If such behavior puts the safety of goods or people at risk.

• Or if there is a repetition of the incidents (i. e., if they have been caught sleeping on more than one occasion).

The company must refer to its collective agreement and verify if sleeping at work or engaging in distractions constitutes grounds for dismissal. Even if such offenses are not specifically listed, they may still dismiss the employee by alleging absenteeism, as falling asleep at work is akin to absenteeism because it is as if the employee had not provided services that day (or only provided them for part of the shift).

If the company has discovered that the same or another employee is watching series (or movies or football matches, for example) on the work computer, they may also sanction or dismiss them if the incidents are repeated. In this case, it can be argued that, besides neglecting their duties (while watching the series, they are not performing the tasks assigned to them), their behavior constitutes misuse of the company's IT resources, provided that the personal use of company tools, such as the computer or phone, is prohibited.

In any case, if the company has been tolerating this type of behavior, they cannot suddenly dismiss employees without prior notice, and they must first inform the staff that such behavior will no longer be tolerated.

 

Our professionals will provide you with information on any questions you may have regarding disciplinary dismissal.