4. 4
Foreword
(the “Company”) believes that every employee, owing to his inherent
goodness, is capable of conducting himself uprightly at all times. The
Company also believes in theemployee’s adherence to the good values
of honesty, obedience, loyalty, industry, responsibility, and i ntegrity.
For this purpose, the Company aims to provide a work set-up that will
encourage discipline and order that will lead to greater productivity
and efficiency of the business operations. Thus, this Code of Conduct
is hereby adopted as an effective tool to strengthen the employee’s
professional and personal values in the pursuit of attaining the
company’s goals and objectives.
5. 5
Article I. General Principles
Section 1. Objectives
Discipline is a key factor in any business undertaking. It promotes
greater efficiency in business operations, creates a general condition
of orderliness conduciveto greater manpower productivity,reinforces
the moral fiber of all employee,and mostof all,enhances theCompany
prestige. The purpose of disciplinary action is not to punish the
personnel concerned but to correct his or her performance or
behavior.It also demonstrates management commitment to promote
discipline among all personnel (regardless of status and position).
In imposing disciplinary action for violations of company rules and
regulations, Management must ensure that the disciplinary action is
proportionate to the gravity of the offense that is imposed in
compliancewith the requirements of due process.Thus,depending on
the individual’s record and circumstances of the given situation,
superiors may take corrective action in the form of verbal warning,
written warning, suspension or dismissal.
For the foregoing reasons, the Company has seen it fit to promulgate
the following rules and regulations so that all employees in the
organization will be reminded to comfort themselves in a manner
befitting the respective positions they hold in the Company.
Section2. Policies
The Company believes that corrective disciplinary action should be
instituted in order to eradicate the unsatisfactory performance of an
employee for the sake of effective operations and in order to further
improve the moraleof other employees. In order to be consistentwith
the concept of discipline, the Company hereby promulgates the
following rules on discipline.
The Company adheres to principles of positivediscipline,which means
that management will actively work to prevent the occurrence of
6. 6
situations where disciplinary actions may be taken. Such actions will
include:
1. The communication of job standards and work regulations to
all employees;
2. The consistentimplementation of performance monitoring
and employee feedback; and
3. The counseling of employees the moment deviations from
standard and work regulations areobserved.
Section3. Spirit of Implementation
It must be remembered that the following rules on discipline are not
intended as reprisals against any particular erring employee, but
rather, these rules are meant to ensure disciple, and are maintained
for the common good.
In this regard, the followingrules on disciplinehave been so designed
so that employee charged with having violated the same given due
process, that is ---
1. A fair and objectiveinvestigations;
2. An opportunity to explain himself;and
3. Written notification of the results of the investigations and
of the disciplinary action imposed and reason/s for such
action.
Moreover, the Company has gone to great lengths to ens ure that
through the rules,any investigation for the infraction or breach hereof
is characterized with impartiality, open-mind, prudence,
circumspection, and utmost fairness.
7. 7
Article 2. Definition of Terms
These rules and regulations shall be known as the COMPANY NAME.
Code of Conduct and Discipline,hereinafter referred to as the “Code”.
The words and phrases, as used in this code shall have the following
meaning, unless plainly indicated in the text:
1) COMPANY - COMPANY NAME
2) EMPLOYEE means any person, including probationary,
regular,contractual,temporary or project-based,consultants
under the employ and active payroll of the Company.
3) COMPANY PREMISES – all land holdings, buildings, and all
other properties owned or rented by the Company including
project sites as well as places visited by the employee
pursuant to his work duties, such as warehouse or stores of
retail partners and delivery areas of customers.
4) COMPANY PROPERTY – all properties owned or rented by the
Company includingvehicles, motorbikes of riders, equipment,
furniture and fixture, materials and supplies, grocery items
ordered by customers, publication materials, design
documents, marketing plans and proposals and the like.
5) NARCOTICS means prohibited drugs that produce a condition
of insensibility and dullness of mind with delusions and may
be habitforming.Included amongthese drugs,but notlimited
to the following list are: opium, cocaine, shabu, alpha and
beta, Indian hemp, their derivatives and all preparations
made from such drugs, whether natural or synthetic.
6) PORNOGRAPHIC MATERIALS shall mean any obscene film,
drawing, cut-out, writing, picture, computer software,
pictures downloaded from the internet, CDs and the like. For
8. 8
this purpose,the word “obscene” means something offensive
to decency.
7) MANAGEMENT pertains to the Managers or representatives
of the Company vested with the powers or prerogatives to lay
down and execute management policies and/or to hire,
transfer, suspend, lay-off, recall, discharge, assign or
discipline employees.
8) EMPLOYER means the Company.
9) COMMITTEE ON DISCIPLINE is the body appointed by the
Human Resource Head primarily empowered to interpret,
implement, apply and execute the provisions in this Code,
specifically, in disciplinary cases or when the nature of the
casedemands a thorough investigation and/or termination of
an employee for cause.
10) COMMITTEE ON APPEAL is the body appointed by the Human
Resource Head to hear disciplinary cases and decisions made
therein, upon appeal by the employee involved in the case.
11) JURISDICTION is the power to hear and decide a case after
valid notice and disciplinary conference.
12) NOTICE is a written statement informing the offender of the
charge leveled against him.
13) DISCIPLINARY CONFERENCE may either be a written
explanation from the employee or an “on the record
proceeding” whereby the offender is given an opportunity to
be heard and to defend himself in person with the right to
counsel, to a representative or to present witness(es) to
testify for and in his/her behalf or both. However, observance
of a trial-type proceeding may be dispensed with, if there is
9. 9
substantial evidencesufficientto warrantthefindings of guilt.
But in no caseshall thehearingbe dispensed with, in cases of
dismissal with cause except, authorized causes of dismissal
under Art. 283 of the Labor Code, and in cases of
abandonment of work where the employee after twenty four-
(24) hours from receipt of notice of absence without leave
(AWOL), did not report for work. A Notice to Explain will be
given to the employee and should respond within five(5) days
14) SUBSTANTIAL EVIDENCE means preponderance of evidence
that is the degree of proof sufficient to form a reasonable
belief that the person charged with the offense is guilty of the
same.
15) PENALTIES:
1. Reprimand is a written warning to the erring employee;
2. Suspension is a temporary physical detachment from the
services;
3. Preventive Suspension is a suspension prior to and/or
during the investigation only in cases where the
employee’s continued service would pose a serious
imminent threat or danger to lifeof his fellowemployees
or his employer or to Company property. In no caseshall
the preventive suspension exceed thirty (30) days as
provided for in the Labor Code of the Philippines as
amended. For project and contractual employees,
preventive shall not exceed fifteen (15) days;
4. Dismissal is a dishonorable separation from the
Company. A dismissed employee loses his benefits
except those mandated by law.He shall also loserightto
separation pay as he is discharged for cause and will be
permanently banned from entering the company
premises.
5. Penalties imposed depend on the violation/offense.
Offenses are classified into light,less seriousand serious.
10. 10
Penalties shall rangefrom verbal warningto suspension.
Grave offenses shall carry a penalty of dismissal fromthe
Company after due process.The followingcodes areused
to identify the penalties to be imposed for each offense:
A - Verbal warning
B - Written Warning
C - Suspension of not less than 3 working days but
not more than 1 week
D - Suspension of not less than 1 regular work week
but not more than 2 regular work weeks
E - Suspension of not less than 2 regular work weeks
but not more than 4 regular work weeks
F - Dismissal with due process
Article 3: General Provisions
Section 1
The rules herein prescribed are not all inclusive. The Company will
exercise its inherent right to discipline or dismiss employees for any
offense or serious infraction herein stated, as warranted by the
circumstances of each case and the limits provided for by law.
Section 2
The implementation of this Code is the responsibility of the
Department Heads and/or the employee’s immediate supervisor.
The main task of the Department Head or an employee’s immediate
supervisor is to report to the HR Department violationson the Code of
Conduct and Discipline. The employee’s immediate supervisor shall
immediately document the incident and forward to the HR
Department within twenty-four (24) hours from the time the offense
was committed. The HR Department in turn shall take proper and
immediate action on the aforementioned.
11. 11
However, for cases where there is imminent threat to lifeor property,
the Department Manager or the employee’s immediate supervisor can
place the offending employee under Preventive Suspension
immediately upon serving Notice of Preventive Suspension. After
which, the Department Manager or the employee’s immediate
supervisor shall immediately document the incident and forward to
the HR Department within twenty-four (24) hours from the time the
offense was committed. The HR Department in turn shall takeproper
and immediate action on the aforementioned.
Section 3
When a singleactconstitutes two or more offenses punishableunder
this Code, or when an offense is necessary means for committing the
other, the penalty for the more / most serious offense shall be
imposed.
Section 4
For the purpose of counting the period of suspension, “days of
suspensions”shall mean suspension from work on non-pay status for
the number of days specified in the notice of disciplinary action
excluding rest days, non-working days and holidays.
Splitting of periods covered by disciplinary suspension from work
without pay is strictly prohibited. On a case-to-case basis, splitting of
suspension period shall beallowed.However, this should be approved
by no less than Human Resource Head. Further, in no case shall the
splithavea gap of more than two (2) weeks subjectto the approval of
the Human Resource Head.
Section 5
Dismissal shall be imposed only after the notice and disciplinary
conference have been validly complied with,except, in cases setforth
in Art. 3 Section 9 hereof.
12. 12
Section 6
Where the employee has committed a serious offense and his
continued service or presence would pose a serious and imminent
threat to Company property or to the lifeof his/her employer or fellow
employee, the employee may be placed under Preventive Suspension
by the Department Head or Supervisor or Human Resource Head
pending the result of the investigation of the case.
For this purpose,in no caseshall theresolution or decision of a casebe
issued subsequent to the expiration of the period of the Preventive
Suspension. As determined by the HR Department, arbitrary
imposition of Preventive Suspension shall hold theperson responsible
therefore liable to pay the salary of the employee subject thereof,
equivalent to the number of days of suspension. In connection
therewith, justification for its imposition shall be stated in the
resolution of the case.
Section 7
In addition to the prescribed penalty in those cases involvingdamage
to property, the offender shall berequired to pay 100% of the costof
damage through salary deduction, ATD form should be signed prior
deduction of the amount of the damage from the employee’s salary.
However, deduction from the wages of an employee shall notexceed
30% of the employee’s net salary. In the event the employee is
separated from the company for whatever cause,the employee’s last
pay shall be applied to cover unpaid obligation to the company,
provided that where his last pay is insufficient to cover the unpaid
obligation, the employee shall make the necessary arrangement with
Management as to his schedule of payment. Provided, further that
should the parties fail to reach a satisfactory arrangement or that a
satisfactory arrangement is reached but not complied with by the
employee, the company is free to institute the necessary legal action
to collect the sum due from the employee and/or to protect its
interests. Provided, further that, where his last pay is more sufficient
to cover his unpaid obligation to the company, then excess shall be
given to him after he has secured a clearance from the company.
13. 13
Section 8
Imposition of penalties herein prescribed shall bewithoutprejudiceto
appropriate civil and/or criminal actions.
Section 9
At the solediscretion of Management, an offense may be mitigated to
a lower penalty or qualified to a higher penalty by substantiatereason
of mitigating or aggravating/qualifying circumstances.
Section 10
The Company reserves its inherent right to amend all or any of these
rules, including a change in imposition of penalty or definition of an
offense, as may be warranted by appropriate circumstances and the
gravity of the offense.
Section 11
A Committee on Disciplineshall beorganized in theCompany primarily
empowered to interpret, implement, apply and execute the provisions
in this Code, specifically,in disciplinary cases or when the nature of the
case demands a thorough investigation and/or termination of an
employee for cause.
The Committee on Disciplineshall becomposed of not less than three
(3) members - a representative from the HR Department and two (2)
supervisors or senior managers.
Section 12
All proceedings in the Committee on Discipline shall be treated with
strictconfidentiality and breach thereof shall bedealtwith accordingly.
Section 13
The prescriptive period for the offenses shall be as follows:
14. 14
a. Offenses classified under Absences and Tardiness – one (1)
calendar year from the date of the first offense.
b. Offenses under Neglect of Duty, Conduct and Behavior,
Dishonesty, Offenses againstPersons,Property, Public Morals
and Public order, the prescriptive period shall be one (1)
calendar year from the date of the first offense.
Section 14
Action againstcases of violation of the provision of this code must be
instituted within fifteen (15) calendar days followingthe day when the
act or omission constitutingthe violation is committed or discovered.
Otherwise, the action on the same shall be barred.
Section 15
A Committee on Appeal shall beorganized to review disciplinary cases
and decisions madetherein, upon appeal by the employee involved in
the case.This shall provideemployees with an opportunity to be heard
once more.
The Committee shall be composed of any three (3) of the following:
Managing director/Operations team
Immediate Supervisor
Procedure:
a) The Committee shall be furnished a copy of every resolution
under question by way of an appeal
b) When an appeal is made by an offending employee or the
employer’s authorized representative, the Committee shall look
into the merit of an appeal if deemed meritorious, the case is
reviewed by the Committee members.
c) The resolution of the review process shall beeither one of the
following:
- absolute reversal with certain modifications
- affirmation either absolute or with modification
15. 15
- in both instances, however, said decision is executory
except in instances when the Management may exercise
their discretion as provided for in article 9, hereof.
Section 16
All questions with regards to the enforcement and application of this
code shall be addressed and submitted to Management team.
Article 4. Offenses against Company Rules and
Regulations
(SEE ANNEX A)
Article 5. Applicability of the code’s provision
If any portion or provision of this Code is declared void or contrary to
law,the remainingportions or provisions hereof shall not be affected
Article 6. Effectivity Clause
This Code shall take effect immediately after management’s approval.
Contents and promulgation of this code of conduct will be
dessiminated to all employees upon effectivity
Article 7. Reservation Clause
Management reserves the rightto imposethe appropriatedisciplinary
action,includingdismissal for acts or offenses notdefined herein after
complying with the due process requirements prescribed by law.
The foregoing listof offenses is not exclusiveof other offenses against
norms, conduct, rules and laws not mentioned. The Management of
COMPANY NAME shall exercise its judgment in determining the fair
and reasonable disciplinary action of any offense not yet listed.
16. 16
Management may on certain occasions exercise judgment in
decreasing or increasing sanctions when the situation warrants.
Article 8. Prosperity of application
The rules laid down herein shall have no retroactive effect.
Article 9. Separability Clause
The provision of this Code shall apply to all employees of
COMPANY NAME and/or personnel of corporate entities with a valid
service contract or subcontractor’s agreement with the company.
Article 10. Other Guidelines
The responsibility to assistan employeeto actin conformance
with the acceptable standards of behavior rests on the employee’s
immediate superior and/ or department head. Accordingly, the
responsibility to takecorrectiveaction in cases of deviationstherefrom
also lies with him. His decision relative thereto shall be given great
weight
17. 17
ANNEX A
OffensesagainstCompanyRulesandRegulations
Sec. 1 Absence andTardiness
OFFENSES 1st 2nd 3rd 4th 5th 6th
1.1 Absence fromwork for 1 day for
personal reasons withoutprior
approvalfrom immediatesuperior or
failure to notify theCompany/HR
Dept. whenunableto report for
work. Provided that, unauthorized or
unexcusedabsencefor 2 consecutive
days shall be considered as 2
offenses; unauthorized or unexcused
absence for 3consecutivedays shall
be consideredas 3 offenses,
unauthorized or unexcused absence
for
4 consecutivedays shall be
considered as 4offenses
A B C D E F
1.2 Absence fromworkwithout notice
for a continuous period of5 working
days shall constituteabandonment of
work
F
1.3 Failure tonotify theimmediate
superior, and/or HR Dept. when one
will be lateor absent fromwork
A B C D E F
1.4 The following conditions constitutes
excessive tardiness:
An employeewhoshall belatefor 15
minutes or more in oneday shallbe
considered to betardy
Any employeewhocomes inlatefor
at least 6 times or has incurred an
aggregatetotalof120 minutes w/in 1
calendarmonth committed 1
violation of tardiness
A B C D E F
Sec. 2 Neglect of Duty
OFFENSES 1st 2nd 3rd 4th 5th 6th
2.1 Loitering or loafing during work hours
whether or not itmay cause
meaningful disruption ofwork
schedule orinconvenienceto one’s
co-workers or superiors
A B C D E F
2.2 Sleeping during working hours A B C D E F
18. 18
2.3 Performing work or conducting
business of personalnature using
company property and/orCompany
time withoutproperauthorization
A B C D E F
2.4 Intentionally delaying orneglecting to
carry out official order, regularly
assignedduties orspecificinstruction
related to his work
B C D E F
2.5 Failure onthepart ofthe direct
supervisor whohas knowledge ofany
violation of theCode andother
Company rules orgovernment
regulationto takesteps toprevent
and/or report the same
B C D E F
2.6 Bringing out Company property
(records, supplies, equipment and the
like) without written authorization
B C D E F
2.7 Gross negligenceor willful;
misoperation resulting in stoppageof
work, damage toproperty and
financial loses onthe part ofthe
Company
C D E F
Sec. 3 Conduct andBehavior
OFFENSES 1st 2nd 3rd 4th 5th 6th
3.1 Revealing or disclosing confidential
information abouttheCompany and
restricted information writtenor
verbal to unauthorized persons
E F
3.2 Taking part ingambling, lottery or
any other gameofchance at any time
within theCompany orclient’s
premises or its immediatevicinity
B C D E F
3.3 Vending soliciting or collecting
contributions, accepting any favour,
money or gift, gratuityor anything of
value, directly or indirectly from
anyone consequentto the
performanceofone’s duties tothe
Company
B C D E F
3.4 Bringing or offering and/orreceiving
money, gifts or anything ofvalue
to/from any employee or
subcontractor or client directly or
indirectly to seek or qualify for
preference,benefit or any favorable
condition ofemployment, assurance
of projects andsuchpersonalor
vested interests
F
19. 19
3.5 Violation of any safety and security
rules, regulations and general safety
and security practices promulgated
by the project and/or the Company
A B C D E F
3.6 Falsely representing one-selfto bean
employee, agent orrepresentativeof
the Company ofanother officewith a
fake ID card orcredentials
F
3.7 Bringing inside the company premises
liquor or any otheralcoholic
beverages atanytime,except on
Company authorizedoccasion
wherein a prior written authorization
or approval is issued byan officer no
lower in rank thanDepartment Head
F
3.8 Drinking of hard liquor or any
alcoholicbeverages within Company
premises during break timeor
working hours exceptin the caseset-
forth in the preceding sub-article
F
3.9 Reporting for andor rendering work
in a state ofintoxication ofliquor and
or under the influenceof prohibited
drugs or narcotics
F
3.10 Processing, selling orusing narcotics
or prohibiteddrugs definedunder RA
No. 6425 as intendedwithincompany
premises
F
3.11 Improper office decorum including
but not limited tothefollowing:
A -Unnecessaryshouting,vulgar
languageor laughter,raising one’s
voice andsimilar disruptiveacts
verging scandal
B - Engaging in horseplay, practical
jokes, running, scuffing or throwing
things andboisterous conduct that
leads todistractother workers
C - Unauthorized and unnecessary
and/or excessiveuseoftelephone,
except during emergencies
D - Unruly conductand/or
misbehaviorduring any Company
sponsoredevent
E -Improper conduct in transacting
business with internaland external
clients
F - Watching onlinestreaming and
downloadedmovies during working
hours is strictlyprohibited
A B C D E F
20. 20
3.12 Failure and/or refusal ofanemployee
to work authorized andduly
confirmed overtime for reasons
specified under theapplicablelabor
laws without valid reason after
signifying willingness
B C D E F
3.13 Failure andrefusalto comply with
any proceduralrequirements or
establishedCompany policies and
practices withoutanyvalidreason
A B C D E F
3.14 Any act of vandalism committed on
any Company propertyandpremises
B C D E F
Sec. 4 Dishonesty
OFFENSES 1st 2nd 3rd 4th 5th 6th
4.1 Moonlighting or rendering services
for another employeror private
persons without written approvalof
management tending directly or
indirectly to causecondition(s)
prejudicialor inimicalto the interest
of the Company
F
4.2 Engaging or participating or involving
oneself to any transaction or business
enterprise,wheresuch engagement
participationor involvement is in
conflict with orprejudicialto the
interest of theCompany
F
4.3 Knowingly submitting false
misleading or gross inaccuratedata
or informationor falsifying any
Company records causing prejudice
to the Company
F
4.4 Unauthorizedalterationof
attendance timesheets and/or any
form of attendancemonitoring
records,mealand/ortransportation
allowance reimbursement,Company
payroll relatedrecords whether
originalcopies,photocopies or
duplicates
F
4.5 Concealing defectivework which
directlyresulted toprejudiceofthe
Company
E F
4.6 Giving false or untruthful statements
in applying for employment or
seeking toqualify for any preference
or benefit fromthecompany
F
4.7 Giving false or untruthful statements
or concealing material facts inan
F
21. 21
investigation conductedby an
authorized representativeofthe
Company
4.8 Destruction and/or unauthorized
alteration ofofficialdocuments
causing prejudice totheCountry
F
4.9 Failure todisclosewithin 3days after
discovery/concealing affliction ofa
serious contagious diseasefrom the
immediatesuperiorand/or HR
Department
E F
4.10 All acts of dishonesty,whichcause
prejudice totheCompany
F
Sec. 5 Offenses against Persons
OFFENSES 1st 2nd 3rd 4th 5th 6th
5.1 Provoking or instigating another
employeeor other employees to
engage in a fight orafter working
hours withinor nearCompany
premises
D E F
5.2 Inflicting orattempting to inflict
bodily harm to a co-employee(s) or
other persons during or after working
hours withinor neartheCompany
premises
E F
5.3 Quarrelling orusing disrespectful,
abusive, indecentor offensive
languageagainst another employee,
or anybody within Company premises
E F
5.4 Intrigues, rumormongering,making
false or malicious statements against
another employeeor Company
official soas to castdishonor,
discreditor contempt on thelatter
E F
5.5 Improper conductand acts ofgross
discourtesy ordisrespectto fellow
employees, superior, clients,visitors
or guests at any timewithin Company
premises or whileon officialbusiness
outsidetheCompany premises
D E F
Sec. 6 Offenses against Property
OFFENSES 1st 2nd 3rd 4th 5th 6th
6.1 Stealing or unauthorized taking of
Company property
F
6.2 Gross negligencein theperformance
of one’s duties and responsibilities,
F
22. 22
which resulted indamage to
Company property
6.3 Malversation ofCompany funds.
Misappropriation orwithholding of
Company Funds assets and/or
property.
F
6.4 Unauthorizedpossession,use or
lending, tinkering withcompany
vehicles,machines or equipment or
any other Company property to
which the employeehas not been
assigned
F
6.5 Intentional damaging or destruction
of Company property
F
6.6 Theft of property belonging to
another person committedduring
working timeand/orinsideCompany
premises
F
6.7 Failure toreportdamageor loss of
Company property, spoilageor undue
wastageof companyresources under
the employee’s immediate
responsibility and/oraccountability
within twenty-four (24hours) from
the time of discovery ofsuchdamage,
loss, spoilageor wastage
D E F
Sec. 7 Offenses against Public Morals
OFFENSES 1st 2nd 3rd 4th 5th 6th
7.1 Carnal knowledge,passionatekissing,
caressing or other lascivious conduct
expressiveoflustfuldesires
committed withintheCompany
premises
F
7.2 Distributionor exhibition of
pornographicmaterials within the
Company premises
D E F
7.3 Conviction ofany crimeor felony
whether committed within oroutside
the Company premises
F
Sec. 8 Offenses against Public Order
OFFENSES 1st 2nd 3rd 4th 5th 6th
8.1 Concealing , carrying or possessing
explosives , firearms, bladed or other
lethal weapon during working hours
within or nearCompany premises
F
23. 23
HRD2016
Acknowledgement Receipt/Employee
I acknowledge the receipt of the Code of Conduct. It is
understoodthatthe Code of Conductshallbe surrenderedupon
separation from the Company.
I further certify that I have read, understood, and agreed to
comply with all the provisions herein stated.
____________________ ______________
PrintedName/Signature Date
*Employee’sCopy
-----------------------------------------------------------------------------------
24. 24
Acknowledgement Receipt/Employer
I acknowledge the receipt of the Code of Conduct. It is
understoodthatthe Code of Conductshallbe surrenderedupon
separation from the Company.
I further certify that I have read, understood, and agreed to
comply with all the provisions herein stated.
____________________ ______________
PrintedName/Signature Date
*Employer’sCopy
