Employee Relations
Discipline
Policy Statement
The company has a human resources’ strategy that recognizes the value of its people. Part of this strategy is the fair treatment of all employees. This requires a minimum standard of conduct and performance be agreed, set and communicated with all employees. If employees do not meet this standard, appropriate corrective action, such as training, should be undertaken. Discipline should only be engaged with an employee on a performance issue if all other corrective action has failed to achieve the desired result.
Where an employees has deliberately breached a Company policy or procedure, or engaged in misconduct, disciplinary procedures should be initiated.
Employees should be treated fairly and the proper procedures should be followed.
Employees must be made aware of their responsibilities, counseled and given the opportunity to reach the standards expected of them and the chance to defend them before action is taken.
The expected standard must be clearly defined and the measurement criteria understood. A reasonable date for achievement of standards must be agreed. This should be shown as a minimum time, e.g. within one month.
Process
Poor Performance
Wherever possible the performance management system should be used to manage employee performance. However, there may be times when performance, conduct or employee attitude need to be immediately addressed.
If employees fall below required performance standards and performance management processes have not been adequate to address the issue they must be personally counseled and then given written confirmation of their deficiencies in performance (a written warning).
Such written warnings must be clearly define the deficiency, the expected standard, by when it should be achieved, how the company will help the employee achieve the improvement required and the consequences of failing to do so.
If an employee consistently fails to meet agreed standards, he / she has been counseled and appropriate support/training and/or given, the further action is required. This may lead to the employee being dismissed.
- If an action has not been performing as required, and: all possible corrective action, including training and coaching, has been undertaken.
- The manager concerned has documentation showing the conversation taken place, agreed action plans, and other communication with the employee.
- The employee has been informed of the standards required and his/her performance deficiency (ies) with action plans in writing on at least two (2) occasions and the consequences of failing to met the required standards.
- The employee has been given the opportunity to appeal or respond to the issues highlighted on each occasion.
- No other suitable option or other appropriate positions are available.
If all these processes have been followed and the employee’s performance still has not improved, then the employee may be dismissed.
Misconduct
Immediate Head or Manager are expected to investigate misconduct and proceed through the following steps:
- A verbal warning should be given to an employee for minor misconduct. A record of the warning must be kept by the manager and should be signed by the employee. The employee must be given the opportunity to respond.
- If the unacceptable behavior continues, a written warning will be issued, and signed by the employee as being received and understood. The employee must be given the opportunity to respond.
- A second written warning should be given to an employee if she/her requires further discipline for the same or a related issue, and also signed by the employee as being received and understood. The employee must be given the opportunity to respond.
- Employees who have been disciplined three times are subject to dismissal.
- Details of disciplinary actions should be recorded on the employee’s personnel file and removed after one (1) calendar year if further disciplinary action is not required.
If an Immediate Head or Manager considers the allegation to be serious, and it requires further investigation, an employee should be suspended on base pay for a maximum of two weeks while an investigation takes place. The individual must be informed, in writing, of the details of the allegation and advised he/she is under investigation. The employee must sign this notice as being received and understood.
This letter should invite the employee to present his/her version of events to the investigating officer and inform he/she may be accompanied by a representative. The only purpose of the representative’s visit is to observe they are not participants.
Should we consider an employee’s conduct likely to lead to a situation in which we may wish to dismiss without notice, a diary must be kept at all times to record incidents and conversations and associated matters which may be needed in subsequent proceedings. The relevant manager is responsible for keeping this diary. This Immediate Head or Manager should also issue a written warning that a continuance of such behavior will lead to instant dismissal.
Gross or Serious Misconduct
Summary (instant) dismissal for gross or very serious misconduct is possible (depending on the facts involved) for the following: insubordination, drunkenness, dishonesty, assault, deliberately endangering the safety of others, commission of a criminal offence on our site, and objectionable language**. Managers must, however, consult with Top or Senior Management prior to taking this action**.
- In such cases follow the procedure below:
- Investigate the alleged offence thoroughly, including talking to witnesses, if any
- Ask the employee for his/her response to the allegation (taking notes of this discussion)
- Consult with the next most senior manager regarding possible action
- If still appropriate, following a thorough investigation, terminate/dismiss the employee
- Keep a file on all evidence collected and action taken in these circumstances.
All procedure must be followed in accordance with employment equal opportunity / anti-discrimination legislation.
NOTE: In all such cases ‘procedural fairness’ guidelines will apply. This means the warning and dismissal process must allow the employee to offer their view of the events concerned. The employee must have every chance to defend himself/herself and has the right to appeal a decision made. If this process is not followed the dismissal may be overturned by an Industrial Relations authority.
NOTE: For some offenses the Company retains the right to report the matter to the police where charges may be laid. The police will be notified with regard to any criminal act against the Company or another member of staff. Management has a duty of care to shareholders and staff and at all times will be subordinate to legal process.
CODE OF CONDUCT
Standards of Behavior
The company regards its employees as its most valuable resources and thereby reposes a high level of trust and confidence in them. It therefore encourages its staff to reciprocate such trust and confidence with work performance and conduct consistent with the following general principles:
A. Honesty
B. Judicious use or availment of Company resources, facilities and benefits within the limits established by policy or business practice.
C. Accurate accounting of Company funds and property placed in his/her charge
D. Prompt and truthful reporting of matters that affect or could affect the Company as a whole
E. Fidelity in the custody of confidential information which he/she acquires knowledge of
F. Obedience to company rules and regulations, e.g. safety, sanitation and hygiene
G. Respect for his/her Immediate Superiors and Co-employees.
H. Cooperation and team spirit
I. Prudence in his/her dealings with Company’s publics
J. Concern for the environment and the society in general
K. Punctuality
L. Orderliness in the work and workplace
M. Pride in working with the organization
N. A deep sense of responsibility to undertake his/her job effectively and expeditiously
O. Propagation of the Company’s products and services
Corrective Actions or Measures
Acts or missions which run contrary to the above-stated principles and thereby result in the breach of the company’s trust and confidence shall deemed unacceptable and shall be subject to corrective actions. These actions are:
Written Reprimand (WR) : where the erring employee’s Immediate Superior:
1. Reminds and advises him/her in written reprimand of acceptable standard of behavior in relation to an act or omission he/she committed deviating there from.
2. Embodies such advice in a memorandum to be addressed to the employee, cc HRAD 201 file.
3. Agrees with and assists him/her in correcting the act or omission he/she committed to make it conform to the acceptable standard of behavior.
4. Monitoring of his/her future conduct to obviate his/her omission of the same act or omission.
Final Written Warning (FWW): where the erring employee’s Immediate Superior:
1. Reminds and advises him/her in final written warning of the acceptable standard of behavior in relation to an act or omission he/she committed deviating there from.
2. Agrees with him/her in correcting the act or omission he/she committed to make it conform to the acceptable standard of behavior.
3. Assist him/her in correcting the act or omission she/he committed to make it conform to the actable standard of behavior.
4. Monitors his/her future conduct to obviate his/her omission of the same act or omission.
Disciplinary Leave (DL): where the erring employee’s Immediate Superior:
1. Counsels him/her of acceptable standard of behavior in relation to an act or omission he/she committed deviating there from.
2. Temporarily relives him/her from work for a certain number of working days to allow him to contemplate, plan and adapt a resolution and specific course of action to correct the act or omission he/she committed to make it conform to the acceptable standard of behavior.
3. Assists him/her in correcting the act or omission he/she committed to make it conform to the acceptable standard of behavior.
4. Monitors his/her future conduct to obviate his/her omission of the same act or omission.
Dismissal (D): where the erring employee’s Immediate Superior:
1. Terminates his/her employment with the Company either the act or omission he/she committed is absolutely inconsistent with the acceptable standard of behavior and results in very serious potential or actual damage to the Company or where his/her behavior in judgment of his/her immediate superior can no longer be rectified through coaching, counsel, and advice to conform with the acceptable standard of behavior.
The Immediate Superior concerned shall submit a report to the Human Resource and Administration Department within Twenty Four (24) Hours of their finding and/or commission of offense, stating the following facts:
- Name and Department of Staff involved
- Nature and Date of offense committed
- Amount of loss or probable loss, if any
Within twenty four (24) hours from receipt thereof, the Immediate Superior shall issue a Memorandum directing the employee/s involved to submit their written explanation within Five (5) Working Calendar Days to refute such alleged offense committed herein.
DISCIPLINARY TYPES AND DEGREES
FREQUENCY
TYPES DEGREES 1st 2nd 3rd 4th
Written Reprimand 1 1 2 3 4
Final Written Warning 2 2 3 4
Disciplinary Leave 3 3 4
Dismissal 4 4
Prescriptive and Ageing Period
The prescriptive period for all offense committed by an employee shall be reckoned with in a period of One (1) Calendar Year, shall no longer be considered and/or use for the purpose of reckoning recurrence of such and/or any violation thereof.
Habitual Offense
Repeated commission of offenses, infractions, and violations of the Code by an employee with a penalty of Disciplinary Leave (DL) for Four (4) Times or More within a One (1) Calendar Year shall be meted with a penalty of Forced Resignation and/or Dismissal depending of the facts and circumstances of the offenses committed.
Unacceptable Behavior
- Gross Misconduct or Undesirable Behavior
- Dishonesty
- Neglect of Duty
- Breach of Trust
- Insubordination and Discourtesy
- Security, Safety, and Hygiene
- Attendance
Gross Misconduct or Undesirable Behavior
It is deemed as conduct that is flagrantly or shamefully wrong or improper. The penalty for this offense ranges from Written Reprimand to Dismissal.
OFFENSE
Entering the facility without any authority during off-hours. (optional)
Spreading or engaging in malicious gossip
Eating and drinking in unauthorized areas
Carrying cell phones while on duty, unless authorized
Concealing or deliberately misplacing facility property without justifiable purpose.
Concealing or not reporting damage to facility property
Refusing or failing to report for overtime work after agreeing & signing in the overtime request form.
Taking part in any gambling, lottery or any game of chance within the facility during working hours.
Leaving facility premises or post during work hours without proper clearance from immediate superior
Doing personal work or engaging in private business during regular work hours
Use of profane or indecent language in addressing any Company official, co-employee or person transacting business within the facility premises or while discharging official functions.
Bringing out materials, items, and supplies similar to that of the company without necessary authorization from the Immediate superior.
Vandalism of any form on premises
Theft of Company or other employee's property/funds
Falsifying, forging or altering official documents and other Company documents. This also includes falsification of personal records and other employment records.
Conniving with co-employees in falsifying or forging Company records & documents.
Fighting, provoking or attempting to inflict bodily harm or injury to any co-employee, person within the facility
Bringing in, possessing, issuing or selling within facility premises prescribed habit-forming drug & similar illegal items.
Drinking alcoholic beverage during working hours or reporting to work under the influence of liquor or narcotic drugs
Engaging in indecent, lewd or immoral acts within the premises
Threatening, coercing or forcing co-employees to do things against their will.
Misrepresentation or unauthorized use of company's name
Commission of any offense punishable by law
Dishonesty
In general, it means an absence of integrity, a disposition to betray, cheat, deceive or defraud. It is the concealment or distortion of truth in a matter of fact relevant to one’s office or connected with the performance of one’s duties.
Failure to report lost and found articles
Logging in/out for another employee and unauthorized altering of one's own or another employee's timecard/record (optional)
Altering or tampering log book without authorization
Falsifying leaves.
Requisition and use of supplies for personal purpose.
Drawing salary, allowance by means of a falsified timecard or any timekeeping records, voucher, receipt and the like.
Falsifying personal or Company records either upon applying for employment or during employment.
Falsification of work reports.
Telling lies to his superior concerning work matters that will adversely affect work operation.
Substituting materials/equipment and/or product with intent to gain
Deliberately withholding customer's change, depending on the circumstances of the case.
Obtaining or attempting to obtain through fraudulent means company funds, equipment, products and items from the assigned work place.
Engaging in an unauthorized sale of company property for personal benefit or monetary gain.
Deliberately miscoding (unauthorized alterations of entry in the Sales Invoice/Official Receipt and/or other documents) where there is obvious interest to materially gain from the act as shown by the circumstances of the case. If done through mere negligence, the act shall be meted by minor penalty.
Deliberately over-pricing or under-pricing of products to materially gain from the act or to give undue benefit to the customer.
Use of Official Receipt for improper and/or illegal purpose with intent of material gain.
Any other act analogous to any of the above offenses with willful intent to defraud the company, its clients, or customer for the personal gain or benefit of the offender and/or cause damage or loss to a co-employee depending on the facts and circumstances of the case and the gravity of the offense
Neglect of Duty
It means failure to exercise due care in the discharge of one’s duty or omission to perform a task or duty without sufficient cause. The penalty for Neglect of Duty ranges from Verbal Reprimand to Dismissal.
Doing/performing other work activity not related to his/her assigned job during work hours.
Not following work/operation guide resulting in poor quality of work.
Failure to turn off electrical equipment/tools and/or machines at the close of the day's work.
Sleeping while on duty.
Releasing or taking out from any outlet or delivering more than what is authorized in the invoice, DR, gate pass or any other document due to negligence.
Action contributing to breakage or destruction of company's properties or goods.
Neglect of duty or negligence/carelessness causing injury to person or damage to company property, which the company may be held liable.
Incurring shortages in the safe fund/petty cash maintained in the facility.
Gross and habitual neglect of duties or deliberate failure to follow instructions or established procedures resulting in loss or damage to company's property by the employees.
Committing any other act of negligence, inefficiency or incompetence, depending on the seriousness of the offense or its effect on the company operation.
Breach of Trust
Any of the following acts shall constitute breach by the employee of the trust vested on him by the management or company representative.
Allowing outsiders or non-employees to enter in company premises and other designated areas, which are off-limits to non-employees without prior permission from management.
Improper usage of and allowing unauthorized person to use facility supplies, facilities, tools and equipment.
Committing an act of sabotage
Disclosing confidential information without proper authorization.
Organizing or participating in deliberate slow-down, mass leave, sit-down, riot or any disruptive mass actions.
Committing offenses against the clients person and/or his privacy.
Insubordination and Discourtesy
It is defined as disobedience or not submitting to authority; mutinous or not subordinate. The penalty for insubordination ranges from written reprimand to dismissal for cause depending on the circumstances of the case and the gravity of the offense.
Serious or willful disrespect to any company official, clients, etc. while discharging official function.
Refusal to answer question in any investigation conducted by the company official unless doing so will violate his constitutional rights.
Serious misconduct or willful or intentional disobedience or defiance or disregard by the employee of the lawful and reasonable orders / instructions of a superior concerning his work.
Disobedience to the lawful order of his superior concerning his duties resulting in the disruption or delay of company operations & activities.
Refusal to accept disciplinary notice or memorandum.
Refusal to work on assigned jobs by superiors which are lawful and necessary and will not in any way endanger his life and property or the life & property of his co-employee.
Gross insubordination or willful refusal to carry out verbal or written job or work instructions issued by the employee's superior or any senior officer of the company.
Any other analogous act of insubordination, depending on the facts and circumstances of the case and the seriousness of the offense.
Security, Safety and Hygiene
Unauthorized use of firefighting equipment for purpose other than putting out fire.
Removing safety devices from company properties.
Creating or contributing to poor housekeeping and unsanitary condition.
Spitting, urinating or performing other unhealthy acts in places not designated for this activity.
Not wearing the required office attire.
Failure or refusal to wear the prescribed complete uniform and to follow prescribed grooming during work hours.
Refusal to submit to routine search or interfering with security officers in the performance of their duties.
Smoking within the Company premises.
Failure to observe other company security and safety regulations or practices.
Allowing unauthorized person to operate facility equipment.
Carelessness concerning safety of fellow employee.
Possession of firearms, exmplosive and/or deadly weapons within the company premises at any time.
Unauthorized possessionand/or use of establishment keys.
Attendance
OFFENSE
Failure tolog time in/out. (optional)
Incurring absence(s) without official leave or permission from immediate superior (AWOL), or without any notice in whatever form to the employee's immediate superior.
Failure to report for work during holiday, whether legal or special holiday, except when it falls on the employee's scheduled rest/day off or there is a valid and justifiable reason for the absence.
Failure to take/send proper notification for non-attendance in scheduled training session/seminar although with a valid reason.
Incurring habitual or excessive tardiness in reporting for work. Habitual tardiness shall mean arriving late for work beyond the alloable grace period (if there is any) for 3 times or more within a month. Excessive tardiness shall mean being late for work for an aggregate total of 3 hours or more in a month.
Proloninging vacation for 1 day beyond the allowed number of days by employee without approval of superior.
Leaving her assigned place of work during scheduled working hours without official notice to or permission from the immediate superior or without justifiable reason, after registering one's presence through logbook. (The term "working hours" shall include overtime.
Prolonging vacation for 1day beyond the allowed number of days by employee without the approval of superior.
Prolonging vacation of 4-6 days beyond the allowed number of days by employee without the approval of superior.
Unexcused absence of 6 consecutive days (already considered abandonment of job).
Sanction and Penalty
Step 1. Notification
The Immediate superior spots the infraction committed by the employee or receives report from other sources. Regardless of rank and position/title and/or level the Immediate Head and/or Superior shall conduct an initial investigation. Asking both parties concerned to prepare an Incident Report. If after the initial investigation, there is a reasonable ground to believe that an infraction was indeed committed, the immediate superior shall issue a Memorandum Letter requiring the concerned party to explain within Five (5) Working Calendar Days his/her side in an Explanation Letter.
1.1 If the offense committed poses serious or imminent threat to the file and/pr property of the Company or co-employees, a preventive suspension maybe issued, in which case the Immediate Head and/or Superior shall immediately inform the Department Head within Twenty Four (24) Hours from the discovery of the offense.
1.2 Refusal or neglect to accomplish or submit an Incident Report or an Explanation Letter shall mean a waiver of his/her right to be heard. However, the Explanation Letter or Incident Report is not a Disciplinary Action, it gives the employee the opportunity to explain his/her actions or justify his/her side against the allegations.
Step 2. Investigation
2.1 The immediate Head and/or Superior shall conduct a formal investigation of the case and/or incident.
2.2 Interview the employee concern.
2.3 Gather information from other persons who might have any knowledge or are themselves involved.
2.4 Afford the employee the opportunity to confront witnesses.
2.5 Immediate Head and/or Superior ensure that the minutes of the proceedings are taken using the standard format.
2.6 It is imperative that the Immediate Head and/or Superior have all the pertinent facts of the case and/or incident.
Step 3. Decision
3.1 In recommending the appropriate penalty, the following factors have to be considered:
- Gravity of the offense
- Extend of negligence
- Employees HRAD 201 file
- Other factors which could tend to aggravate or mitigate the offense.
3.2 If the result of the investigation proved that the employee has indeed committed a violation against the Company Employee Code of Conduct, the Immediate Head and/or Superior shall issue a Disciplinary Memorandum Letter stating the findings of the investigation and corresponding penalty.
3.3 The decision must first be discussed with and approved by the required levels of Management before it can be discussed with the employee concerned.
3.4 The whole process of investigation, data gathering and rendering of the decisions shall be made within the prescribed period of not more than Ten (10) Working Calendar Days or Less the issuance of Explanation Letter.
DISCIPLINARY APPEAL
Policy Statement
During all stages of the disciplinary process employees have the right to appeal against any disciplinary action taken against them.
An employee, who believes the disciplinary action taken against them is unfair, is able to appeal the process upon receipt of such notification hereof.
An appeal will be treated fairly, dealt with discreetly and auctioned promptly.
This policy should be read in conjunction with the grievance policy.
Process
An employee is entitled to lodge a written appeal to their supervisor’s manager detailing his/her objections to the disciplinary action within five (5) working calendar days upon receipt of this notification.
Immediate Head or Manager should:
- Acknowledge receipt of the employee’s objection
- Investigate the matter thoroughly
- Report back to the employee within seven (7) working calendar days.
If the appeal is disallowed an employee is entitled to appeal to the next most senior manager.
The next most senior manager should investigate the matter and report back to the employee within ten (10) working calendar days.
The employee has no further right to appeal under this process if the second appeal is disallowed.
All procedures must be followed in accordance with employment equal opportunity/anti-discrimination legislation.
GRIEVANCE
During your employment, you might encounter problems in your work or matters that you might want to complain about. The best thing for you to do in such a case is to bring these up for proper discussion to their immediate department hear or manager.
As a first step, communicate to your immediate department head or manager, to explain what you feel is wrong, and ask for his/her advice even while suggesting what you think should be done. If your immediate department head or manager fails to immediately offer any workable solution to your problem, you may write down your grievances and submit this to him/her for his/her further review.
If you are not satisfied with your immediate department head or manager efforts to resolve your problem, you may bring this up to the HR & ADMIN Department, and/or to the Top Management (MANCOM) of the company.
Policy Statement
The company supports the right to every employee to lodge a grievance with his/her manager if the individual believes a decision, behavior or action that affects their employment is unfair. We aim to resolve problems and grievances promptly and as close to the source as possible with graduated steps for further discussion and resolution at higher levels of authority as necessary.
Grievance should be auctioned discreetly and promptly dealt with in an objective manner.
Process
The employee should attempt to resolve the complaint as close to the source as possible. This can be quite informal and verbal level. If the matter is not resolved then further steps need to be taken.
Discipline
Policy Statement
The company has a human resources’ strategy that recognizes the value of its people. Part of this strategy is the fair treatment of all employees. This requires a minimum standard of conduct and performance be agreed, set and communicated with all employees. If employees do not meet this standard, appropriate corrective action, such as training, should be undertaken. Discipline should only be engaged with an employee on a performance issue if all other corrective action has failed to achieve the desired result.
Where an employees has deliberately breached a Company policy or procedure, or engaged in misconduct, disciplinary procedures should be initiated.
Employees should be treated fairly and the proper procedures should be followed.
Employees must be made aware of their responsibilities, counseled and given the opportunity to reach the standards expected of them and the chance to defend them before action is taken.
The expected standard must be clearly defined and the measurement criteria understood. A reasonable date for achievement of standards must be agreed. This should be shown as a minimum time, e.g. within one month.
Process
Poor Performance
Wherever possible the performance management system should be used to manage employee performance. However, there may be times when performance, conduct or employee attitude need to be immediately addressed.
If employees fall below required performance standards and performance management processes have not been adequate to address the issue they must be personally counseled and then given written confirmation of their deficiencies in performance (a written warning).
Such written warnings must be clearly define the deficiency, the expected standard, by when it should be achieved, how the company will help the employee achieve the improvement required and the consequences of failing to do so.
If an employee consistently fails to meet agreed standards, he / she has been counseled and appropriate support/training and/or given, the further action is required. This may lead to the employee being dismissed.
- If an action has not been performing as required, and: all possible corrective action, including training and coaching, has been undertaken.
- The manager concerned has documentation showing the conversation taken place, agreed action plans, and other communication with the employee.
- The employee has been informed of the standards required and his/her performance deficiency (ies) with action plans in writing on at least two (2) occasions and the consequences of failing to met the required standards.
- The employee has been given the opportunity to appeal or respond to the issues highlighted on each occasion.
- No other suitable option or other appropriate positions are available.
If all these processes have been followed and the employee’s performance still has not improved, then the employee may be dismissed.
Misconduct
Immediate Head or Manager are expected to investigate misconduct and proceed through the following steps:
- A verbal warning should be given to an employee for minor misconduct. A record of the warning must be kept by the manager and should be signed by the employee. The employee must be given the opportunity to respond.
- If the unacceptable behavior continues, a written warning will be issued, and signed by the employee as being received and understood. The employee must be given the opportunity to respond.
- A second written warning should be given to an employee if she/her requires further discipline for the same or a related issue, and also signed by the employee as being received and understood. The employee must be given the opportunity to respond.
- Employees who have been disciplined three times are subject to dismissal.
- Details of disciplinary actions should be recorded on the employee’s personnel file and removed after one (1) calendar year if further disciplinary action is not required.
If an Immediate Head or Manager considers the allegation to be serious, and it requires further investigation, an employee should be suspended on base pay for a maximum of two weeks while an investigation takes place. The individual must be informed, in writing, of the details of the allegation and advised he/she is under investigation. The employee must sign this notice as being received and understood.
This letter should invite the employee to present his/her version of events to the investigating officer and inform he/she may be accompanied by a representative. The only purpose of the representative’s visit is to observe they are not participants.
Should we consider an employee’s conduct likely to lead to a situation in which we may wish to dismiss without notice, a diary must be kept at all times to record incidents and conversations and associated matters which may be needed in subsequent proceedings. The relevant manager is responsible for keeping this diary. This Immediate Head or Manager should also issue a written warning that a continuance of such behavior will lead to instant dismissal.
Gross or Serious Misconduct
Summary (instant) dismissal for gross or very serious misconduct is possible (depending on the facts involved) for the following: insubordination, drunkenness, dishonesty, assault, deliberately endangering the safety of others, commission of a criminal offence on our site, and objectionable language**. Managers must, however, consult with Top or Senior Management prior to taking this action**.
- In such cases follow the procedure below:
- Investigate the alleged offence thoroughly, including talking to witnesses, if any
- Ask the employee for his/her response to the allegation (taking notes of this discussion)
- Consult with the next most senior manager regarding possible action
- If still appropriate, following a thorough investigation, terminate/dismiss the employee
- Keep a file on all evidence collected and action taken in these circumstances.
All procedure must be followed in accordance with employment equal opportunity / anti-discrimination legislation.
NOTE: In all such cases ‘procedural fairness’ guidelines will apply. This means the warning and dismissal process must allow the employee to offer their view of the events concerned. The employee must have every chance to defend himself/herself and has the right to appeal a decision made. If this process is not followed the dismissal may be overturned by an Industrial Relations authority.
NOTE: For some offenses the Company retains the right to report the matter to the police where charges may be laid. The police will be notified with regard to any criminal act against the Company or another member of staff. Management has a duty of care to shareholders and staff and at all times will be subordinate to legal process.
CODE OF CONDUCT
Standards of Behavior
The company regards its employees as its most valuable resources and thereby reposes a high level of trust and confidence in them. It therefore encourages its staff to reciprocate such trust and confidence with work performance and conduct consistent with the following general principles:
A. Honesty
B. Judicious use or availment of Company resources, facilities and benefits within the limits established by policy or business practice.
C. Accurate accounting of Company funds and property placed in his/her charge
D. Prompt and truthful reporting of matters that affect or could affect the Company as a whole
E. Fidelity in the custody of confidential information which he/she acquires knowledge of
F. Obedience to company rules and regulations, e.g. safety, sanitation and hygiene
G. Respect for his/her Immediate Superiors and Co-employees.
H. Cooperation and team spirit
I. Prudence in his/her dealings with Company’s publics
J. Concern for the environment and the society in general
K. Punctuality
L. Orderliness in the work and workplace
M. Pride in working with the organization
N. A deep sense of responsibility to undertake his/her job effectively and expeditiously
O. Propagation of the Company’s products and services
Corrective Actions or Measures
Acts or missions which run contrary to the above-stated principles and thereby result in the breach of the company’s trust and confidence shall deemed unacceptable and shall be subject to corrective actions. These actions are:
Written Reprimand (WR) : where the erring employee’s Immediate Superior:
1. Reminds and advises him/her in written reprimand of acceptable standard of behavior in relation to an act or omission he/she committed deviating there from.
2. Embodies such advice in a memorandum to be addressed to the employee, cc HRAD 201 file.
3. Agrees with and assists him/her in correcting the act or omission he/she committed to make it conform to the acceptable standard of behavior.
4. Monitoring of his/her future conduct to obviate his/her omission of the same act or omission.
Final Written Warning (FWW): where the erring employee’s Immediate Superior:
1. Reminds and advises him/her in final written warning of the acceptable standard of behavior in relation to an act or omission he/she committed deviating there from.
2. Agrees with him/her in correcting the act or omission he/she committed to make it conform to the acceptable standard of behavior.
3. Assist him/her in correcting the act or omission she/he committed to make it conform to the actable standard of behavior.
4. Monitors his/her future conduct to obviate his/her omission of the same act or omission.
Disciplinary Leave (DL): where the erring employee’s Immediate Superior:
1. Counsels him/her of acceptable standard of behavior in relation to an act or omission he/she committed deviating there from.
2. Temporarily relives him/her from work for a certain number of working days to allow him to contemplate, plan and adapt a resolution and specific course of action to correct the act or omission he/she committed to make it conform to the acceptable standard of behavior.
3. Assists him/her in correcting the act or omission he/she committed to make it conform to the acceptable standard of behavior.
4. Monitors his/her future conduct to obviate his/her omission of the same act or omission.
Dismissal (D): where the erring employee’s Immediate Superior:
1. Terminates his/her employment with the Company either the act or omission he/she committed is absolutely inconsistent with the acceptable standard of behavior and results in very serious potential or actual damage to the Company or where his/her behavior in judgment of his/her immediate superior can no longer be rectified through coaching, counsel, and advice to conform with the acceptable standard of behavior.
The Immediate Superior concerned shall submit a report to the Human Resource and Administration Department within Twenty Four (24) Hours of their finding and/or commission of offense, stating the following facts:
- Name and Department of Staff involved
- Nature and Date of offense committed
- Amount of loss or probable loss, if any
Within twenty four (24) hours from receipt thereof, the Immediate Superior shall issue a Memorandum directing the employee/s involved to submit their written explanation within Five (5) Working Calendar Days to refute such alleged offense committed herein.
DISCIPLINARY TYPES AND DEGREES
FREQUENCY
TYPES DEGREES 1st 2nd 3rd 4th
Written Reprimand 1 1 2 3 4
Final Written Warning 2 2 3 4
Disciplinary Leave 3 3 4
Dismissal 4 4
Prescriptive and Ageing Period
The prescriptive period for all offense committed by an employee shall be reckoned with in a period of One (1) Calendar Year, shall no longer be considered and/or use for the purpose of reckoning recurrence of such and/or any violation thereof.
Habitual Offense
Repeated commission of offenses, infractions, and violations of the Code by an employee with a penalty of Disciplinary Leave (DL) for Four (4) Times or More within a One (1) Calendar Year shall be meted with a penalty of Forced Resignation and/or Dismissal depending of the facts and circumstances of the offenses committed.
Unacceptable Behavior
- Gross Misconduct or Undesirable Behavior
- Dishonesty
- Neglect of Duty
- Breach of Trust
- Insubordination and Discourtesy
- Security, Safety, and Hygiene
- Attendance
Gross Misconduct or Undesirable Behavior
It is deemed as conduct that is flagrantly or shamefully wrong or improper. The penalty for this offense ranges from Written Reprimand to Dismissal.
OFFENSE
Entering the facility without any authority during off-hours. (optional)
Spreading or engaging in malicious gossip
Eating and drinking in unauthorized areas
Carrying cell phones while on duty, unless authorized
Concealing or deliberately misplacing facility property without justifiable purpose.
Concealing or not reporting damage to facility property
Refusing or failing to report for overtime work after agreeing & signing in the overtime request form.
Taking part in any gambling, lottery or any game of chance within the facility during working hours.
Leaving facility premises or post during work hours without proper clearance from immediate superior
Doing personal work or engaging in private business during regular work hours
Use of profane or indecent language in addressing any Company official, co-employee or person transacting business within the facility premises or while discharging official functions.
Bringing out materials, items, and supplies similar to that of the company without necessary authorization from the Immediate superior.
Vandalism of any form on premises
Theft of Company or other employee's property/funds
Falsifying, forging or altering official documents and other Company documents. This also includes falsification of personal records and other employment records.
Conniving with co-employees in falsifying or forging Company records & documents.
Fighting, provoking or attempting to inflict bodily harm or injury to any co-employee, person within the facility
Bringing in, possessing, issuing or selling within facility premises prescribed habit-forming drug & similar illegal items.
Drinking alcoholic beverage during working hours or reporting to work under the influence of liquor or narcotic drugs
Engaging in indecent, lewd or immoral acts within the premises
Threatening, coercing or forcing co-employees to do things against their will.
Misrepresentation or unauthorized use of company's name
Commission of any offense punishable by law
Dishonesty
In general, it means an absence of integrity, a disposition to betray, cheat, deceive or defraud. It is the concealment or distortion of truth in a matter of fact relevant to one’s office or connected with the performance of one’s duties.
Failure to report lost and found articles
Logging in/out for another employee and unauthorized altering of one's own or another employee's timecard/record (optional)
Altering or tampering log book without authorization
Falsifying leaves.
Requisition and use of supplies for personal purpose.
Drawing salary, allowance by means of a falsified timecard or any timekeeping records, voucher, receipt and the like.
Falsifying personal or Company records either upon applying for employment or during employment.
Falsification of work reports.
Telling lies to his superior concerning work matters that will adversely affect work operation.
Substituting materials/equipment and/or product with intent to gain
Deliberately withholding customer's change, depending on the circumstances of the case.
Obtaining or attempting to obtain through fraudulent means company funds, equipment, products and items from the assigned work place.
Engaging in an unauthorized sale of company property for personal benefit or monetary gain.
Deliberately miscoding (unauthorized alterations of entry in the Sales Invoice/Official Receipt and/or other documents) where there is obvious interest to materially gain from the act as shown by the circumstances of the case. If done through mere negligence, the act shall be meted by minor penalty.
Deliberately over-pricing or under-pricing of products to materially gain from the act or to give undue benefit to the customer.
Use of Official Receipt for improper and/or illegal purpose with intent of material gain.
Any other act analogous to any of the above offenses with willful intent to defraud the company, its clients, or customer for the personal gain or benefit of the offender and/or cause damage or loss to a co-employee depending on the facts and circumstances of the case and the gravity of the offense
Neglect of Duty
It means failure to exercise due care in the discharge of one’s duty or omission to perform a task or duty without sufficient cause. The penalty for Neglect of Duty ranges from Verbal Reprimand to Dismissal.
Doing/performing other work activity not related to his/her assigned job during work hours.
Not following work/operation guide resulting in poor quality of work.
Failure to turn off electrical equipment/tools and/or machines at the close of the day's work.
Sleeping while on duty.
Releasing or taking out from any outlet or delivering more than what is authorized in the invoice, DR, gate pass or any other document due to negligence.
Action contributing to breakage or destruction of company's properties or goods.
Neglect of duty or negligence/carelessness causing injury to person or damage to company property, which the company may be held liable.
Incurring shortages in the safe fund/petty cash maintained in the facility.
Gross and habitual neglect of duties or deliberate failure to follow instructions or established procedures resulting in loss or damage to company's property by the employees.
Committing any other act of negligence, inefficiency or incompetence, depending on the seriousness of the offense or its effect on the company operation.
Breach of Trust
Any of the following acts shall constitute breach by the employee of the trust vested on him by the management or company representative.
Allowing outsiders or non-employees to enter in company premises and other designated areas, which are off-limits to non-employees without prior permission from management.
Improper usage of and allowing unauthorized person to use facility supplies, facilities, tools and equipment.
Committing an act of sabotage
Disclosing confidential information without proper authorization.
Organizing or participating in deliberate slow-down, mass leave, sit-down, riot or any disruptive mass actions.
Committing offenses against the clients person and/or his privacy.
Insubordination and Discourtesy
It is defined as disobedience or not submitting to authority; mutinous or not subordinate. The penalty for insubordination ranges from written reprimand to dismissal for cause depending on the circumstances of the case and the gravity of the offense.
Serious or willful disrespect to any company official, clients, etc. while discharging official function.
Refusal to answer question in any investigation conducted by the company official unless doing so will violate his constitutional rights.
Serious misconduct or willful or intentional disobedience or defiance or disregard by the employee of the lawful and reasonable orders / instructions of a superior concerning his work.
Disobedience to the lawful order of his superior concerning his duties resulting in the disruption or delay of company operations & activities.
Refusal to accept disciplinary notice or memorandum.
Refusal to work on assigned jobs by superiors which are lawful and necessary and will not in any way endanger his life and property or the life & property of his co-employee.
Gross insubordination or willful refusal to carry out verbal or written job or work instructions issued by the employee's superior or any senior officer of the company.
Any other analogous act of insubordination, depending on the facts and circumstances of the case and the seriousness of the offense.
Security, Safety and Hygiene
Unauthorized use of firefighting equipment for purpose other than putting out fire.
Removing safety devices from company properties.
Creating or contributing to poor housekeeping and unsanitary condition.
Spitting, urinating or performing other unhealthy acts in places not designated for this activity.
Not wearing the required office attire.
Failure or refusal to wear the prescribed complete uniform and to follow prescribed grooming during work hours.
Refusal to submit to routine search or interfering with security officers in the performance of their duties.
Smoking within the Company premises.
Failure to observe other company security and safety regulations or practices.
Allowing unauthorized person to operate facility equipment.
Carelessness concerning safety of fellow employee.
Possession of firearms, exmplosive and/or deadly weapons within the company premises at any time.
Unauthorized possessionand/or use of establishment keys.
Attendance
OFFENSE
Failure tolog time in/out. (optional)
Incurring absence(s) without official leave or permission from immediate superior (AWOL), or without any notice in whatever form to the employee's immediate superior.
Failure to report for work during holiday, whether legal or special holiday, except when it falls on the employee's scheduled rest/day off or there is a valid and justifiable reason for the absence.
Failure to take/send proper notification for non-attendance in scheduled training session/seminar although with a valid reason.
Incurring habitual or excessive tardiness in reporting for work. Habitual tardiness shall mean arriving late for work beyond the alloable grace period (if there is any) for 3 times or more within a month. Excessive tardiness shall mean being late for work for an aggregate total of 3 hours or more in a month.
Proloninging vacation for 1 day beyond the allowed number of days by employee without approval of superior.
Leaving her assigned place of work during scheduled working hours without official notice to or permission from the immediate superior or without justifiable reason, after registering one's presence through logbook. (The term "working hours" shall include overtime.
Prolonging vacation for 1day beyond the allowed number of days by employee without the approval of superior.
Prolonging vacation of 4-6 days beyond the allowed number of days by employee without the approval of superior.
Unexcused absence of 6 consecutive days (already considered abandonment of job).
Sanction and Penalty
Step 1. Notification
The Immediate superior spots the infraction committed by the employee or receives report from other sources. Regardless of rank and position/title and/or level the Immediate Head and/or Superior shall conduct an initial investigation. Asking both parties concerned to prepare an Incident Report. If after the initial investigation, there is a reasonable ground to believe that an infraction was indeed committed, the immediate superior shall issue a Memorandum Letter requiring the concerned party to explain within Five (5) Working Calendar Days his/her side in an Explanation Letter.
1.1 If the offense committed poses serious or imminent threat to the file and/pr property of the Company or co-employees, a preventive suspension maybe issued, in which case the Immediate Head and/or Superior shall immediately inform the Department Head within Twenty Four (24) Hours from the discovery of the offense.
1.2 Refusal or neglect to accomplish or submit an Incident Report or an Explanation Letter shall mean a waiver of his/her right to be heard. However, the Explanation Letter or Incident Report is not a Disciplinary Action, it gives the employee the opportunity to explain his/her actions or justify his/her side against the allegations.
Step 2. Investigation
2.1 The immediate Head and/or Superior shall conduct a formal investigation of the case and/or incident.
2.2 Interview the employee concern.
2.3 Gather information from other persons who might have any knowledge or are themselves involved.
2.4 Afford the employee the opportunity to confront witnesses.
2.5 Immediate Head and/or Superior ensure that the minutes of the proceedings are taken using the standard format.
2.6 It is imperative that the Immediate Head and/or Superior have all the pertinent facts of the case and/or incident.
Step 3. Decision
3.1 In recommending the appropriate penalty, the following factors have to be considered:
- Gravity of the offense
- Extend of negligence
- Employees HRAD 201 file
- Other factors which could tend to aggravate or mitigate the offense.
3.2 If the result of the investigation proved that the employee has indeed committed a violation against the Company Employee Code of Conduct, the Immediate Head and/or Superior shall issue a Disciplinary Memorandum Letter stating the findings of the investigation and corresponding penalty.
3.3 The decision must first be discussed with and approved by the required levels of Management before it can be discussed with the employee concerned.
3.4 The whole process of investigation, data gathering and rendering of the decisions shall be made within the prescribed period of not more than Ten (10) Working Calendar Days or Less the issuance of Explanation Letter.
DISCIPLINARY APPEAL
Policy Statement
During all stages of the disciplinary process employees have the right to appeal against any disciplinary action taken against them.
An employee, who believes the disciplinary action taken against them is unfair, is able to appeal the process upon receipt of such notification hereof.
An appeal will be treated fairly, dealt with discreetly and auctioned promptly.
This policy should be read in conjunction with the grievance policy.
Process
An employee is entitled to lodge a written appeal to their supervisor’s manager detailing his/her objections to the disciplinary action within five (5) working calendar days upon receipt of this notification.
Immediate Head or Manager should:
- Acknowledge receipt of the employee’s objection
- Investigate the matter thoroughly
- Report back to the employee within seven (7) working calendar days.
If the appeal is disallowed an employee is entitled to appeal to the next most senior manager.
The next most senior manager should investigate the matter and report back to the employee within ten (10) working calendar days.
The employee has no further right to appeal under this process if the second appeal is disallowed.
All procedures must be followed in accordance with employment equal opportunity/anti-discrimination legislation.
GRIEVANCE
During your employment, you might encounter problems in your work or matters that you might want to complain about. The best thing for you to do in such a case is to bring these up for proper discussion to their immediate department hear or manager.
As a first step, communicate to your immediate department head or manager, to explain what you feel is wrong, and ask for his/her advice even while suggesting what you think should be done. If your immediate department head or manager fails to immediately offer any workable solution to your problem, you may write down your grievances and submit this to him/her for his/her further review.
If you are not satisfied with your immediate department head or manager efforts to resolve your problem, you may bring this up to the HR & ADMIN Department, and/or to the Top Management (MANCOM) of the company.
Policy Statement
The company supports the right to every employee to lodge a grievance with his/her manager if the individual believes a decision, behavior or action that affects their employment is unfair. We aim to resolve problems and grievances promptly and as close to the source as possible with graduated steps for further discussion and resolution at higher levels of authority as necessary.
Grievance should be auctioned discreetly and promptly dealt with in an objective manner.
Process
The employee should attempt to resolve the complaint as close to the source as possible. This can be quite informal and verbal level. If the matter is not resolved then further steps need to be taken.
