Company Rules by Law
Contents
Article I. Guidelines
Section 1. Statement of Policy
It is the policy of the company to:
(a) Encourage and support its employees in the pursuit of excellence in individual and organizational performance, and to recognize and reward the achievements of such excellence.
(b) Ensure or enforce compliance at all times with the company's standards of job performance and personal behavior; and
personal behavior.
(c) Penalize or punish wrong doings, violation of policies and rules and non-compliance with the company's standards of job performance and
The company's primary concern, as articulated in its corporate philosophy, is "customer satisfaction for profit" and all aspects of its operations must be directed towards that goal.
Discipline is a necessary condition for achieving that goal and for the effective and efficient performance of the organization. Discipline is not a restriction of performance; rather, it is a necessary condition for performance. The administration of discipline must be firm, fair and equitable, an in all cases must respect the dignity of the individual whose offense is being investigated and penalized.
Section 2. Summary Proceedings
Administrative investigations and other proceedings shall be conducted expeditiously and shall be summary in nature. They shall not be governed by the strict technical rules of procedure or by the rules on evidence applied in judicial proceedings. However, the findings of administrative investigations shall be based on such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
Section III. Standards
It is hereby declared the compliance with the company's quality, reliability, productivity, output, cost, behavior and other standards are mandatory and not
Section 3. Timeliness of Penalties
Disciplinary action or penalties, when found to warranted by the evidence, shall be imposed immediately or as soon as possible after the offense.
Section 4. Uniformity of Penalties
Discipline shall be imposed consistently. It shall be applied uniformly to the offenders similarly situated regardless of rank or position within the company. The same sanctions shall be applied on any offender for the offenses committed under similar facts and circumstances. Like penalties shall be imposed for like offenses.
Section 5. Impersonal Imposition of Discipline
The imposition of disciplinary actions and penalties shall be impersonal. Disciplinary actions and penalties are directed at the offender's punishable acts or ommissions, not at his person or personality. As a rule, the offense alone, together with mitigating and/or aggravating circumstances, shall be the measure of the penalty to be imposed.
Section 6. Single Penalty
Only one penalty shall be imposed for each offense. Moreover, if an administrative charge, proceeding from the incident or s dingle set of facts of circumstances, results in a finding that two or more offenses defined in their code have been committed, the corresponding penalties for each offense shall be accumulated and one penalty finally impose that shall measure the gravity of all the offenses put together.
Section 7. Cumulative Record
Unless otherwise specifically stipulated in this code, an employee's record of offenses shall be cumulative. The penalty for an offense shall be determined on the basis of his past record of offenses of any nature, or the absence thereof. The more habitual an offender has been, the greater shall the penalty be for the latest offense. Thus, an employee may be dismissed if the number of his past offenses warrants such penalty in the judgement of the management even if each offense considered separately may not warrant dismissal. Habitual offenders or recidivists have no place in the establishment. On the other hand, due regard shall be given to the length of time between commissions of individual offenses to determine whether the employee's conduct may indicate occasional lapses (which may nevertheless require stern disciplinary action) or a pattern of incorrigibility.
Section 8. Right to Hearing and Defense
Any employee charged with offense shall be afforded ample opportunity to be heard and to defend himself with the assistance of counsel if he so desires, but he shall be not allowed to unduly delay the administrative proceedings and the final resolution of the case.
Section 9. No Waivers of Penalty
If an offense is committed, disciplinary action, including the imposition of penalties when warranted, shall neither be waived, cancelled, nor delayed for any reason, whether for operational exigencies or otherwise.
Section 10. Acceptance of this Code
Any employee, by his acceptance or continuance of his employment or engagement in the company, submits himself to the authority of this code and binds himself to complying with its provisions.
Section 11. Responsibility of Employees
Every employee shall ensure the maintenance of discipline of the highest standards of competence, professionalism, courtesy, punctuality, attendance, effective and efficient performance of jobs and assignments, honesty, integrity, probity, teamwork and cooperation, and all the other behavioral traits expected of a decent person. Each shall see to it that he/she shall comply with all the provisions of this code adn all other policies, rules, regulations and guidelines promulgated by the company.
Article II. Definition of Terms
When used in this handbook, the following words shall, unless the context otherwise indicates, have the following respective meanings:
(a) "Superior" shall mean one who, in relation to another employee, is higher in station, rank, degree, or grade and exercises authority over that other employees.
(b) "Subordinate" shall mean one who, in relation to another employee, is lower in station, rank, degree or grade and is subject to the authority of that other employee.
(c) "Employee" shall mean a person employed by the company in any capacity and shall include officials as well as rank-and-file workers.
(d) "Official" shall mean an officer of the company as defined by the corporate by-laws, a director, a manager, supervisor, and in general, any employee exercising managerial or supervisory functions.
(e) "Gravity" of an offense refers to the seriousness of the nature of the offense or to the seriousness of the consequences of an offense.
(f) "Mitigating Circumstances" shall mean those circumstances by virtue of which by the penalty incurred by a person who commits an offense is lessened or made less severe. Such circumstances shall include an employee's length of service and past performance within the company, the lack of serious offenses in his record of employment, the relative infrequency of minor offenses, and, in general, any circumstances which is the judgement of management justifies the imposition of a penalty less severe than that provided.
(g) "Aggravating Circumstances shall mean those circumstances by virtue of which the penalty incurred by a person who commits an offense is increased or made more severe. Such circumstances shall include the employee's past record of offenses , the frequency of his offenses (recidivism), and adverse publicity to the company caused by the offense and, in general, any circumstance which in the judgment of management justifies the imposition of a penalty more severe than that provided.
(h) "Suspension" shall mean suspension without pay. Availability of benefits shall likewise be suspended during the period of suspension. The time during which the employee had been placed under preventive suspension shall be deducted from the period of suspension, unless the contrary is provided.
Article III. Coverage
The provision of this code shall apply to all employees of the company regardless of rank or position. Accordingly, this code shall apply to any of the following:
(a) Officials and Regular Employees of the Company;
(b) Contract Employees;
(c) Probationary Employees;
(d) Part- time hire employees, whether probationary or regular
Article IV. General Provisions
Section I. Non-exclusively
This code does not contain the entirety of the rules and regulations of the company. Every employee is bound to comply with all applicable rules, regulations, policies, procedures and standards including standards of quality, productivity and behavior, as issued and promulgated by the company through its duly authorized officials. Any violations thereof shall be punishable with a penalty to be determined by the gravity and/or frequency of the offense.
Section II. Supplementary Rules
The company, when warranted, issue supplementary rules and regulations which will clarify, amplify, or break down into more specific items or instances the provisions of this Code, and such supplementary rules and regulations shall have the same binding force as this code.
"Section III. Standards"
It is hereby declared the compliance with the company's quality, reliability, productivity, output, cost, behavior and other standards are mandatory and not merely discretionary. Unless otherwise specified, culpable or inexcusable non-compliance therewith shall be punishable in accordance with this code.
"Section IV. Punishable Offenses"
It is understood that any offense included in this code, either explicitly of by preference, shall be punishable. If it is committed deliberately pr through negligence and without justifiable cause or excuse. Unless explicitly stated, malicious intent is not necessary to make an offense punishable. The presence of aggravating circumstances shall increase the severity of the penalty, and the presence of mitigating circumstances shall reduce it.
Section V. Conspiracy or Concerted Action"
If any offense punishable in this code is committed by a group of employees acting in concert, whether or not there is a specific prior agreement to so act, each and every employee who participated in any way in the concerted action shall be punished with the penalty prescribed for the more serious offense which results from such concerted action.
"Section 6. Tolerance or Condition of Offense"
Any employee who, not being guilty under the preceding section, is clearly in a position, acting alone and without risk of harm or cost to himself, to prevent the commission of an offense punishable in this code, or to take measures to solicit or obtain the assistance of others when needed to prevent the commission of such offense, or to inform others who are in a position to prevent the commission of such offense, but fails to do so shall be meted a separate penalty to be determined in the light of the circumstances surrounding the employee's failure to act and the seriousness of the offense actually committed.
"Section 7. Failure to Report"
</blockquote>It is the duty of the employees to report to management with reasonable dispatch nay information in their possession about any offense which has been, is being or is about to be committed. Failure to do so will subject the employee to a penalty to be determined in light of the gravity of the offense and the surrounding circumstances.</blockquote>
"Section 8. Instigation
An employee who instigates, influences, persuades, abets, assists, forces, coerces, or otherwise causes another to commit an offense shall be deemed to have committed that offense himself and shall be subject to a penalty be determined in light of the gravity of the offense and the surrounding circumstances.
"Section 9. Illegal Acts"
</blockquote>The commission of an unlawful act by any employee (whether against a customer, an employee, the company, or any other party whatsoever) or of a crime may subject the employees to a penalty to be determined in light of the gravity of the offense and the surrounding circumstances.</blockquote>
"Section 10. General Norms:
Every employee is obliged to obey the law at all times, to be honest and trustworthy,to respect the rights of others, to treat others with dignity, and to behave according to generally accepted norms of professionalism, courtesy, decency and good conduct,
whether or not such norms are explicitly included in this code.
Chapter II. Offenses
Notes:
Numbers found under penalty refers to number of days of suspension
WW- means WRITTEN WARNING
DM- means DISMISSAL
OFFENSES | PENALTY | ||||
---|---|---|---|---|---|
1st | 2nd | 3rd | 4th | 5th | |
ABSENCE WITHOUT LEAVE (AWOL) | |||||
1 - 3 days | WW | 1 - 3 | 4 - 6 | 7 - 14 | DM |
4 - 6 days | 1 - 3 | 4 - 6 | 7 - 14 | DM | |
7 - 14 days | 7 | 15 | DM | ||
15 & over | DM | ||||
OFFENSES AGAINST PERSONS | |||||
Inflicting bodily injury or assaulting anyone for any reason involving one's employment | DM | ||||
Quarelling inside the establishment where no physical fighting took place | 4 - 6 | 7 - 14 | DM | ||
Threatening, intimidating or coercing employees/ visitors | WW | 1 - 3 | 4 - 6 | 7 - 14 | DM |
Conviction for a major criminal offense within or outside employment | DM | ||||
Use of defamatory or obscene language in addressing another person | WW | 1 - 3 | 4 - 6 | 7 - 14 | DM |
Actual fighting during working hours | 15 | DM | |||
Intriguing against or being unduly prejudiced by such intrigues against a co-employee | WW | 1 - 3 | 4 - 6 | 7 - 14 | DM |
Intriguing against or being unduly prejudiced by such intrigues against a co-employee | WW | 1 - 3 | 4 - 6 | 7 - 14 | DM |
OFFENSES AGAINST PROPERTY | |||||
Negligence or carelessness resulting in loss to the company's, or employee's, or visitor's property | 4 - 6 | 7 - 14 | DM | ||
Theft, robbery of company, co-employees, customer's funds/property | DM | ||||
Deliberately misusing, destroying, defacing, or damaging any property of the company or co-employee's or visitor's | 15 | DM | |||
Misappropriation of company funds given for a specific purpose | 15 | DM | |||
OFFENSES AGAINST PUBLIC MORALS | |||||
Promoting or practicing usury | 4 - 6 | 7 - 14 | DM | ||
Conviction of a crime involving moral turpitude | DM | ||||
Illicit relationship with a co-employee | DM | ||||
Engaging in sexual acts inside company premises | DM | ||||
OFFENSES AGAINST HEALTH AND SAFETY | |||||
Possession or use of prohibited drugs inside company premises | DM | ||||
Reporting for work under the influence of liquor or drugs | 7 - 14 | DM | |||
Drinking liquors during work time | 7 - 14 | DM | |||
Creating or contributing to poor housekeeping; unsanitary and/or unsafe conditions in the establishment | WW | <td align