IMI Code of Conduct Discipline

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Human Resources Management & Development
Proprietary Document May not be reproduced without written permission
1
 
Document No.:
HRMD 06- 004
Supersedes:
NEW
 
Revision:
 A
 Approved by:
 ARTHUR R. TAN
 
Page:
1 of 19
Date Approved:
 APR
01, 2006
Policy Title:
CODE OF CONDUCT & DISCIPLINE
1.0 STATEMENT OF POLICY
1.1 The Company recognizing the differences in character, interests, attitudes, and culture established standards and norms of conduct and behavior for people to conform with to preserve order, harmony and industrial peace. 1.2 The Company believes that discipline
 
forms part of the employee’s training program, the objective of which is to educate employees and other individuals in the fundamental standards of behaviour and performance. 1.3 This Code of Conduct & Discipline states the basic philosophy of the Company regarding discipline and the Company Rules and Regulations (CRR) with the list of offenses and the table of corrective/disciplinary action for any infraction thereof to ensure equal treatment and uniformity in the imposition of the same. The table of corrective/disciplinary action and offenses is not exclusive and may be modified based on the gravity of the offense and as circumstances warrant. 1.4 Disciplinary actions are instituted in order to correct and eradicate unsatisfactory performance of an employee for the sake of effective work operations and to improve the morale of other employees. Although disciplinary/corrective actions are expressly indicated for violation of any the Company Rules and Regulations (CRR), the intent is prevention of infraction rather than the administration of penalties. 1.5 The Company advocates positive and supportive discipline which aims to help and develop, not punish the employees by the following:
 Exercise of professionalism and leadership by example by all supervisors and managers/executives.
 Development and internalization of the corporate Values in the day-to-day behaviour of all employees.
 Emphasis of supervision on positive behaviour expected from employees rather than on prohibitions.
 Clear communication to each employee about the requirements of the job as well as this Code of Conduct and Discipline.
 
 
Human Resources Management & Development
Proprietary Document May not be reproduced without written permission
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2.0 COVERAGE
This policy covers all employees and non-employees such as contractors’ personnel, customers’ representatives, and other individuals who are assigned to work inside the Company as oriented to them by the department/division having charged over them.
3.0 IMPLEMENTING GUIDELINES
 3.1 The Company shall exercise its inherent right to discipline or dismiss employees for any serious offense or infraction against the CRR to maintain a productive, safe and pleasant working atmosphere. 3.2 Discipline being a line function, is a fundamental management responsibility. Superiors (supervisors and managers) are responsible for the behavior of their respective subordinates and it is their duty to initiate corrective action whenever necessary. 3.3 Superiors must initiate action or report all violations of the CRR to the HRMD/ER within twenty-four (24) hours from the time the offense is committed or after having knowledge of the offense. 3.4 The due process is extended to any erring employee and/or non-employee (this will be handled by the concerned employer of the individual assigned to work in the Company) to afford him the opportunity to be heard and to ensure objectivity, consistency and fair treatment. 3.5 All employees must exhaust all available internal procedures/options to settle a disciplinary issue or work-related dispute before resorting to bringing it out externally, e.g., to the Department of Labor & Employment (DOLE). 3.5.1.1 The appeal procedure starts when an employee feels aggrieved or does not agree with the corrective/disciplinary action taken against him. 3.5.2 Disciplinary/corrective action not appealed after forty-eight (48) hours from receipt of the DA form shall no longer be considered. 3.6 In serving the disciplinary/corrective action, the supervisor must discipline the erring employee in private, explaining the violation and corrective/disciplinary action applied. Reports relative to the disciplinary/corrective action must always be treated with confidentiality. The different disciplinary /corrective action as per the CRR are: 3.6.1
Warning
 is given to an employee for an infraction specifying the same to caution the employee that repetition shall be dealt with more severely. This is either First or Final Warning depending on the gravity of the offense. 3.6.2
Suspension
 is the temporary barring of an employee from work and in the performance of his duties and functions for the specified period of time. Suspension (3 days, 6 days, 12 days and 30 days) is without pay. 3.6.3
Preventive Suspension
 is the temporary barring from work of an employee
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Human Resources Management & Development
Proprietary Document May not be reproduced without written permission
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who has committed a serious offense when his continued presence in the Company poses grave and/or imminent threat/danger to the life of others and/or property of the Company, or will cause a meaningful or real disruption in the work operations or orderly business operations of the Company. 3.6.3.1 Preventive suspension shall be in effect until the final resolution of the case which in no case shall exceed 30 days. 3.6.3.2 Preventive suspension is without pay and an employee on preventive suspension shall not earn vacation and sick leave credits. 3.6.3.3 In the event that after the preventive suspension, the employee is found not guilty of an offense warranting dismissal, the preventive suspension served shall form part of the disciplinary/corrective action. 3.6.3.4
Dismissal or Termination
of employment is the separation of an employee from the Company for cause, i.e., when an employee commits the same offense repeatedly and/or after having committed a very serious offense warranting summary Dismissal as its penalty even without prior warning or suspension issued. 3.6.3.5 Dismissal shall not in any way prejudice the Company's right to sue or file charges (criminal or administrative) against an erring employee if the seriousness of the offense committed and the nature of the circumstances so warrant. 3.6.3.6 All cases of Dismissal shall be investigated with utmost impartiality with the erring employee being given the opportunity to present his side and the HRMD/ER to summon all witnesses to resolve the case. 3.7 In the treatment of offenses, the rule of progression shall always be observed in the imposition of corrective/disciplinary actions. 3.7.1 All offenses of the same nature committed shall always be treated on a cumulative basis with the exception of offenses warranting Dismissal. 3.7.2 Succeeding offenses of the same nature shall be meted with the next higher disciplinary action if the previous offense is still within the prescriptive period of twelve (12) months. 3.7.3 All offenses and the corresponding disciplinary/corrective actions taken shall be recorded. 3.7.3.1 All recorded offenses of the same nature shall be cancelled after the employee has shown improved behavior within twelve (12) months from the time the last offense was committed. 3.7.3.2 Cancellation of offenses shall have direct bearing only on the
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Human Resources Management & Development
Proprietary Document May not be reproduced without written permission
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 progression of future violations for the same offense. Records pertaining to the offenses shall be retained in the employee’s DA record file and shall form part of his employment history. E.g.: An employee has been disciplined due to tardiness (4x) in June 2004 and did not incur any tardiness within a 12-month period. This employee will start from the lowest corrective/disciplinary action if he incurred tardiness after June 2005. 3.7.4 Where a single act constitutes two or more offenses under the CRR, the disciplinary/corrective action for the more serious offense shall be imposed. 3.8
 
While there are guidelines on the specific actions to take for each offense, the corrective/disciplinary action given may be lessened or increased up to and including Dismissal, under meritorious circumstances (i.e., mitigating, aggravating and/or exempting), depending on the evidence and the employee’s record. 3.8.1 At the sole and exclusive discretion of the Company, a disciplinary action may be reduced if there are mitigating and extenuating circumstances in favor of the erring employee. 3.8.1.1 In reconsidering any case, the reduction in penalty shall always to the next lower level, e.g., Dismissal shall be reconsidered to a 30-day Suspension. 3.8.1.2 Should an employee confess or acknowledge the commission of an offense, such act may be considered in favor of the employee in resolving the case. 3.8.1.3 Records of repetitive commission of the same offense shall not entitle the offender to a mitigating circumstance of plea of guilt but would be construed as a deliberate act and be considered a habitual offense and therefore an aggravating circumstance. 3.9 In all cases, the HRMD needs to concur with the recommended disciplinary/corrective action. The right to verify the circumstances of the violation to determine the applicability of the CRR shall be inherent with the HRMD. 3.9.1 In the event of contrary findings of the HRMD, the case shall be remanded to the functional head concerned together with the HRMD's findings and recommendations. The final decision shall remain with the President/CEO in the event of conflict in judgment between the HRMD and the functional heads. 3.10 Corrective/disciplinary actions shall be imposed on superiors (supervisors and managers) who refuse to issue the necessary sanctions to erring subordinates. This is to ensure consistency in the application of this policy.
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