COMPANY POLICIES Introduction This handbook was developed to provide you with an information resource for common questions and concerns. If you have questions or concerns about the policies outlined here, you should contact your manager or Human Resources. The policies stated in this handbook are subject to change at any time at the sole discretion of the Company. From time to time, you may receive updated information regarding any changes in policy through circulars that will be provided in every department, or through the announcement of the head of each department who would be informed through a meeting. 1. Hours of Operation/Work Schedules The office is normally open during Business hours, from Monday to Friday, 8:00 am until 5:00 pm. Work schedules and/or shifts of certain employees may differ and may sometimes be outside of normal office hours as some of the nature of the employees’ work calls for a visit to the plant, and to the different suppliers. In case an employee must be outside of the office for non-business related reasons, (i.e. emergency at home) during their normal work schedule, they should inform their manager by asking permission personally, or if unavailable, by leaving a message to the next in rank. 2. Attendance Policy A company’s efficient operation is dependent on the regular attendance of employees, as much as it is a necessary condition of employment. When employees are absent, schedules and customer commitments fall behind, and other employees must assume added workloads. a) All employees are expected to report for work punctually and to observe the normal hours of work laid down in their Statement of Terms and Conditions which can be found in their employment contract. b) If it is impossible to report for work for any reason, employees must call or send a message to their supervisor - if possible before 9 a.m. on the first day of absence. The reason for, and probable duration of absence, must be indicated. c) In cases of sickness absence lasting 7 days or less, a company self-certification form must be obtained and completed immediately upon return to work. Medical Statements (certificates) must cover all periods of sickness absence in excess of 7 days and sent to the company without delay. d) If late for work, employees are to report to their supervisor and explain the reason for tardiness before starting work. e) If it is necessary to take time off during working hours, they are to report to their supervisor both before leaving and restarting work. f) If it is necessary to leave work before the normal finishing time, prior authorization must be obtained from their supervisor. g) The company reserves the right to make deductions from wages or salaries in respect of tardiness or absence [note: the employee should agree this expressly in writing, e.g. in the employment contract]. h) Employees are not to leave their place of work or to visit other departments without prior authorization from their supervisor and the supervisors of any departments visited, except in the normal course of their duties, i) Absence for three consecutive work days without notifying the manager is considered a voluntary termination. j) Failure to comply with this policy will result in disciplinary action up to and including termination. (For disciplinary action, refer to no. 13) 2.1 Leave of Absence An employee who had been a regular employee of the company for at least one year and is scheduled to work 20 hours or more a week is eligible to apply for an unpaid leave of absence. The leave request will be decided by the employee's manager based on the previous attendance record, reason for the request, previous leave requests, and the impact of the absence to the company. a) Authorized leaves for illness or disability begin after employees have exhausted accrued sick leaves, vacation and personal holiday time. b) A personal leave of absence, if granted, can be obtained after vacation and personal holiday time have been consumed. c) Benefits, in addition to retained seniority, can be continued during leave. It must be arranged directly with the Human Resource if the employee wishes to continue the benefits. d) If the request for leave of absence is for personal reasons, the employee’s manager, with the advice of Human Resources, will decide whether the current position will be held open, or if a position will be made available upon the employees return from leave. 2.2 Family/ Medical Leave (FMLA) All employees who have been employed at least twelve months, and who worked at least 1,250 hours during the twelve months prior to the leave request are eligible for an unpaid family and/or medical leave of absence for a period up to twelve weeks during a calendar year under the following circumstances: a) Adoptive leave and pay When a son or daughter is placed in the custody of the employee for adoption or foster care, one member of the adoptive couple is allowed to take time off work, if completed within twelve months of the placement b) Maternity leave Entitled to employees who are giving birth and would be taking care of such newborn son or daughter, if completed within twelve months of the child’s birth c) Paternity leave A two weeks' paternity leave is provided for employees who expect to have responsibilities for a baby's upbringing and they otherwise meet the criteria to qualify for paternity leave. Employees ordinarily must provide 30 days' advance notice when the leave is "foreseeable." Medical certification may be required by the company to support a request for leave because of a serious health condition, as well as second or third opinions (at the employer's expense) and a fitness for duty report to return to work. Taking of leave may be delayed if requirements are not met. For the duration of FMLA leave, the Company will maintain the employee's health coverage under the Group Health Plan. Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. 2.3 Personal Days Employees are entitled to 4 paid personal days per calendar year which may be used at the employee’s discretion for religious holidays and personal matters. New employees will accrue 1 personal day for every 3 months worked in the hired calendar year. Personal days not used by the end of the year will be paid out to the employee in the final paycheck for that year. 2.4 Sick Days Sick days are provided for illness of the employee, their spouse or children. For non- illness related time off, employees should use their personal days or vacation days. All full-time employees will receive sick days according to the following schedule: a) Employees who had been employed for at least 6 months will be eligible for paid sick days. b) After 6 months of employment, employees will be eligible for one sick day for every two months worked from date of hire, with a maximum of 5 days in their first year of employment. c) Every succeeding calendar year, employees will be eligible for 5 sick days. d) Sick days may be accumulated and carried over from year to year to a maximum of 10 days. All other unused sick days by the end of the year is forfeited. 2.5 Funeral Leave In the event of death in an employee's close relative, such as a spouse, children, parents, grandparents, siblings and corresponding in-laws, the employee will be granted a maximum of five (5) days, leave without loss of pay or vacation during the period. If additional time off is required, employees should talk to their manager. Time off without pay may be provided so that employees can attend the funeral of individuals other than those listed. Employees may take unused vacation or personal time but, sick days cannot be used. All regular employees are eligible to receive pay for absence due to death in the family. Employees with primary titles that are Administrative, Service & Support who are exempt from classification because their positions are primarily directing instructional or research activities are not subject to this policy. A report of absence must be submitted for each absence due to death in the family. 3. Equal Employment Policy It is the policy of the Company to provide equal opportunity for all qualified persons and not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, veteran status, disability, or any other protected status. This policy applies to recruitment and placement, promotion, training, transfer, retention, rate of pay and all other details and conditions of employment. Employment and promotion decisions will be based on merit and the principle of furthering equal opportunity. The requirements we impose in filling a position will be those that validly relate to the job performance required. All other personnel actions including compensation, benefits, and training, will be administered without regard to race, color, religion, sex, age, national origin, disability, veteran status, or any other protected status, in accordance with appropriate law. The Human Resource Manager has the ultimate responsibility for ensuring that all employees follow the guidelines set out in the Policy. The Recruitment Process Advertisements will not contain any criteria, which can be seen to be discriminatory, or which exceeds the actual requirements of the job. All job descriptions and specifications should be clear, accurate and unbiased. Regardless of the methods of recruitment used (e.g. employment agencies, advertisements etc) the process must be fair to all potential applicants. Interviews Members of staff conducting selection interviews have been briefed on interviewing techniques and are fully aware of the relevant areas of law. Care must be taken by the interviewer to avoid questions, which may be construed, as discriminatory and a clear record of the interview must be made. Training The Organiko Group is committed to providing equal access to training and development for all employees, regardless of gender, sexual orientation, race, colour, nationality, ethnic origin, religion, age, marital status, or disability. The provision of training shall not be subject to any unnecessary age restrictions. All employees who can benefit from a particular training course should be encouraged wherever practicable. Promotion Appraisals, performance reviews and assessments of an employee potential shall be conducted totally without bias. All employees, but specifically those in a minority, should be encouraged (wherever practicable) to apply for suitable promotions. Victimization and Harassment The Organiko group is committed to providing an environment that is free from discrimination and harassment. In keeping with this commitment, it maintains a strict policy prohibiting all forms of harassment, including sexual harassment and harassment based on race, national or ethnic origin, gender, religious beliefs, age, marital status, sexual orientation or disability. This policy, unlike the other policies listed in this handbook, extends to all employer agents and employees. This includes all employees, temporary employees, leased employees and other professional service providers. Furthermore, it prohibits harassment in any form including verbal, non-verbal and physical harassment. These actions include but are not limited to the following: leering or ogling making offensive remarks about your appearance, body, clothing touching or caressing, such as pinching, or someone intentionally brushing your body against your own telling sexual jokes, hanging sexual photos that are offensive to you, making sexual gestures, etc. forwarding sexually suggestive letters, emails, images, etc. Sexual harassment may also include, making unwanted sexual advances and requests for sexual favors where either: (1) submission to such conduct is made an explicit or implicit term or condition of employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Other actions with no sexual intentions at play but still qualify as forms of harassment include: derogatory words, demonstrations, comments, etc. that suggest racial discrimination negative comments that defame or mock another employee's religious beliefs expressed stereotyping of another employee's birthplace or ancestry derogatory remarks about an employee's disability (whether mental or physical) making disparaging comments about an individual's gender Employees who violate any part of this policy are subject to disciplinary action up to and including the possibility of immediate discharge. Any employee who believes he or she has been harassed should promptly report the facts of the incident or incidents and the names of the individuals involved to the Human Resources Department. Additionally, supervisors and managers should immediately report any incidents of harassment to Human Resources. The Human Resources Department will promptly and thoroughly investigate any complaints of harassment. Appropriate corrective action, including disciplinary action, will be taken when warranted. (For disciplinary action, refer to no. 13) Data Application forms will request details of sex, age, disability and ethnic origin. This data will be used solely for the purposes of monitoring equal opportunities. Monitoring Regular examination of the data and the effectiveness of the Policy shall be carried out through regular surveys and interviews. From time to time the Policy will be amended to account for changes in the law. 4. Pay and Compensation Employees are paid on the 1st and 15th day of each month. Optional forms employees may wish to file are paycheck direct deposit authorization card, union or association dues card, and other deductible employee paid benefits. Employees must present their Social Security card to Employment when completing the required forms. 4.1 Basic Employee Benefits Under general circumstances, any legally employed worker who work eight (8) hours a day on a 48 hours a week schedule is covered under the Philippine Labor Code. Commencing from the time the employee starts to work and until twenty-four (24) hours later is considered one work day. The eight-hour work need not be continuous and may be staggered within the one workday stretch. The term "employee" denotes any person legally employed in the Philippines, any person compulsorily covered by the GSIS under the Commonwealth Act 186, or any person compulsorily covered by the SSS under Republic Act 1161. Such employee is automatically covered for these government mandated employee benefits. Here are the Basic Benefits for Employees covered by the Philippine Labor Code: 1. Social Security Systems (SSS) Contributions Republic Act No. 8282, otherwise known as the Social Security Act of 1997, refers to the social security system in the Philippines that is initiated, developed and promoted by its Government. The social security system is aimed at providing protection for the SSS member against socially recognized hazard conditions, such as sickness, disability, maternity, old age and death, or other such contingencies not stated but resulted in loss of income or results to a financial burden. The employee and his/her employer(s) are to contribute for the social security benefits of the said employee in accordance to a given schedule by the Philippine Social Security System. Monthly employee contribution depends on the employee's actual monthly salary. (See: Circular No. 33-P) 2. Contribution to National Health Insurance Program (NHIP) The employee and his/her employer(s) are to contribute for the medical insurance of the said employee in accordance to the Republic Act 7835 on Medicare Program which is administered by the Philippine Health Insurance Corporation (Philhealth). Monthly employee contribution depends on the employee's actual monthly salary. The contribution schedule is provided by Philhealth. (See: Philhealth Premium Contribution Schedule) 3. Contribution to Home Development and Mutual Fund (HDMF) The employer(s) is required to contribute per month not less than P100.00 to the employee's Home Development and Mutual Fund. In accordance to the periodic remittance schedule provided by HDMF, the employer(s) will remit this contribution, in addition to that of the employee's, which is to be deducted from his/her payroll. 4. The 13th Month Pay As mandated by the Presidential Decree No. 851, the employee shall receive a bonus salary equivalent to one (1) month, regardless of the nature of his/her employment, not later than December 24 of every year. 5. Service Incentive Leave Book III, Chapter III of the Labor Code of the Philippines covers the employee's benefit for Service Incentive Leaves. According to Article 95, an employee who has rendered at least one year of service is entitled to a yearly five days service incentive leave with pay. (See: Article 95, Conditions of Employment) 6. Meal and Rest Periods Under Article 83, the employee is provided a one-hour employee benefit for regular meals, when working on an eight (8 hour) stretch. Employees are also provided adequate rest periods in the morning and afternoon which shall be counted as hours worked. (See: Article 83, Conditions of Employment 4.2 Overtime Non-exempt employees are eligible to receive overtime pay if they work more than 40 hours in a given week. Holiday, vacation, and sick time are not included in hours used to determine overtime eligibility. Overtime pay equals 1.5 times and employee’s regular hourly rate. All overtime must be approved the manager in advance. 4.3 Vacation a) All full-time employees are eligible for vacation pay. b) New full-time employees will receive a pro-rata number of vacation days based on one day for each month worked in the hired calendar year, not to exceed 10 days. c) In the calendar year of the employee’s 10 year anniversary of employment, employees will receive 20 vacation days each year. d) Up to 5 unused vacation days may be carried over into the next year. All other unused vacation time will be paid out in the final paycheck for that year. e) Part-time employees who work on a regular schedule all year are eligible for vacation benefits on a pro-rata basis based on the schedule above. f) Employees should notify their manager at least one month in advance of taking vacation time. All vacation requests are subject to manager approval. In addition, employees should directly communicate vacation dates to co-workers to ensure customer needs are met. 4.4 Holidays The Organiko group recognizes the importance of leisure time in achieving greater productivity, and therefore, provides paid holidays each year. The following holidays will be observed: New Year’s Eve New Year’s Day People Power Day Maundy Thursday Good Friday Araw ng Kagitingan Labor Day Independence Day Ninoy Aquino Day National Heroes’ Day All Saints’ Day All Souls’ Day Bonifacio Day Rizal Day Christmas Eve Christmas Day and all other special holidays set by the President of the Philippines and by the Board of Directors 4.5 Termination Employees who voluntarily resign from the Company are asked to provide at least two weeks advance notice of their resignation to the head of their department. This notice should be in writing and should briefly state the reason for leaving and the anticipated last day of work. If a terminating employee is eligible for any incentive compensation, bonus, and/or awards, they must be actively employed on the date the compensation, bonus or awards are presented or paid, in order to receive the compensation, bonus or award. 5. Environmental Policy The Organiko group is an environmental friendly company which aims to fulfill all its statutory responsibilities, and comply with the regulatory codes of practice using the best available techniques that do not entail excessive cost to protect the environment from damage. It shall incorporate in its programs the ff: 1. The assessment of pollution risk associated with purchased materials and their methods of disposal. 2. The monitoring of outputs to the environment. 3. The selection and monitoring of processes with regard to the pollution risk of end products and by products. 4. The re-cycling of waste products, both within the Company and via outside agencies. 5. The incorporation of energy conservation as a management strategy to reduce costs and protect the environment. 6. Co-operation with environmental agencies such as water and river authorities. 7. The maintenance and improvement of the sites on which the Company operates. 8. The communication of the policy to all employees to encourage their active participation. 9. The means to monitor the application and effectiveness of the policy. 6. Health and Safety Policy The Company is sincerely interested in the safety and well-being of our employees that’s why it aims to provide an environment which will ensure the health and safety of employees, contractors, customers, visitors and the public and will comply with all current statutory provisions from time to time for the health and safety of its employees while at work. In pursuing these aims the Company will take all reasonably practicable steps to provide and maintain safe premises, plant equipment and methods of work, and ensure that individuals use such premises, plant and equipment in a safe manner. The Company will provide adequate information, instruction and training to develop safe methods of work and will ensure that, in the planning, design and modification of premises, plant and equipment the health and safety aspects are fully considered and communicated. They will provide protective clothing and equipment where necessary and employees are required to use them. The Company will review and develop as required the procedures and controls needed to achieve the statutory standards for health, safety and welfare. It will also review as necessary, existing arrangements for encouraging the co-operation of its employees in all aspects of Health and Safety. If, in spite of our efforts to ensure safe working conditions, an employee has an accident or becomes ill on the job, it should be reported to the manager immediately. They will see that prompt medical attention is provided. 6.1 Workplace Security Policy The Company is committed to maintain a safe and secure workplace. In order to maintain a secure work environment, the company strictly prohibits employees and visitors from bringing any firearm and other deadly weapons such as knives, switchblade, ice pick, sword, and brass knuckles, and the like on Company property. In addition, all visitors and employees are asked to have their bags inspected by the Security guard before entering the company premises. During weekends, employees and visitors are only allowed to stay in the office until 3pm. Failure to comply with this policy will result in disciplinary action up to and including termination. (For disciplinary action, refer to no. 13) 6.2 Drug and Alcohol Policy The Company realizes that the misuse of drugs and alcohol impairs employee health and productivity. Drug and alcohol problems result in unsafe working conditions for all employees and customers. The Company is committed to maintaining a productive, safe, and healthy work environment, free of unauthorized drug and alcohol use. Any employee involved in the unlawful use, sale, manufacturing, dispensing or possession of controlled substances, illicit drugs and alcohol on Company premises or work sites, or working under the influence of such substances, will be subject to disciplinary action up to and including dismissal and referral for prosecution. In addition, the Company has developed and maintains a comprehensive Drug and Alcohol Policy, which employees may obtain from Human Resources. 6.3 Comprehensive Drug and Alcohol Policy The Organiko group has a ‘zero tolerance’ to drugs and alcohol. Employees are not permitted to work while under the influence of drugs or alcohol. No employee shall possess, distribute or consume alcohol or illicit drugs at work. An employee has a responsibility to take prescription and pharmacy drugs in accordance with the instructions of their medical practitioner and normal directions relating to use of the drugs. In the instance that prescription medication could potentially affect the ability of the employee to perform their normal work duties safely; the employee must notify their immediate supervisor so that corrective control strategies can be implemented. Failure to advise may constitute misconduct. In the event that drugs or alcohol are found on company premises, actions may include an investigation of the matter to attempt to determine who is responsible for the drugs or alcohol, or requiring workplace participants to undergo a drug or alcohol test. DRUG AND ALCOHOL TESTING Employees placed at host work sites that have implemented regular or random drug and alcohol testing are required to participate in the host’s testing program. This may include preemployment drug testing programs. Persons found to be exhibiting the effects of drugs or alcohol may be required to have an appropriate test conducted. If a positive drug and alcohol reading is recorded at any time, the employee will be subject to disciplinary action, possibly including suspension and/or termination. An employee found to be exhibiting the effects of drugs or alcohol, or returning a positive drug or alcohol reading, or refusing to participate in testing, will be required to cease work immediately and leave the workplace. As part of our commitment to maintaining safe work practices, the company is unable to allow employees to resume work until such time as they undertake testing and a negative result is obtained. Employees sent home or to a medical examination must report to the appropriate supervisor the following working day or when they are no longer under the influence of drugs or alcohol to discuss the incident. Employees who return a positive result or refuse testing will not be paid for this time off work (until a negative drug test is returned) and may need to utilize leave entitlements to cover this period. DRUG AND ALCOHOL MANAGEMENT STRATEGIES Organiko will ensure that where there is a risk to health and safety from drug or alcohol misuse, effective control strategies will be implemented. Such control strategies will focus on job performance and safety and will be implemented in conjunction with appropriate counseling. The Drug and Alcohol Policy will be explained to all new employees at induction. Workers are encouraged to report drug and alcohol problems that could present safety risks. Suitable training will be provided, if needed, so that workers will know how to deal with drug and alcohol misuse appropriately. Interventions in the case of safety-related drug and alcohol problems will be monitored and evaluated and followed up with further action if required. 6.3 Smoking Policy The Company maintains a non-smoking policy within the office. Employees should smoke only in those areas of the building which are smoking designated. 6.4 Visitors Visitors are only to be brought onto company premises with the prior consent of management and upon the presentation of an id issued at the reception. 7. Dress Code Policy The Company maintains a business casual working environment. All employees should use discretion in wearing attire that is appropriate for the office and customer interaction 8. Company business All information about the company’s business acquired in the course of employment is to be regarded as strictly confidential and must not be disclosed to another party except as required in the normal course of work. Failure to comply with this policy will result in disciplinary action up to and including termination. (For disciplinary action, refer to no. 13) 9. Telephone and Computer Use Policy The Company understands that when employees work during the week it is occasionally necessary to conduct personal business during office hours. However, employees should limit their personal use of the telephone and computer during office hours. Urgent private telephone calls may be received but should be kept as brief as possible. Essential outgoing calls may be made with the prior approval of your immediate supervisor. Because telephone and e-mail systems are provided by the Company at its expense for business use, all messages sent by or received on those systems are company documents. The Company reserves the right to access and to disclose the messages that you send or receive on the voice mail or e-mail systems. Employees should also be aware that “deleted” messages from the computer screen may not actually be deleted from the email system. Employees who abuse this policy are subject to disciplinary procedures up to and including discharge. (For disciplinary action, refer to no. 13) 10. Meetings Meetings, other than in the normal course of the company's business, shall not be arranged or held during working hours, or on the company's premises, without the prior permission of a senior manager or director. 11. Other employment Employees are not to engage in other employment or business activities where there is a potential, or actual, conflict between the interests of the company and those of the other business. 12. Dismissal The law gives most employees the right not to be unfairly dismissed. The Company will not dismiss any employee for a first offense, unless the offense amounts to gross misconduct (see section on gross misconduct below) in which case the employee will be dismissed without notice or pay in lieu. Other causes of dismissal are closure of establishment and reduction of personnel, disease as ground for termination and termination by an employee of their employee-employer relationship. Management must be able to show, not only that it had good reason to dismiss the employee, but also that they acted fairly in the way in which they handled the dismissal. 13. Disciplinary Actions and Gross Misconduct General principles 1) The purpose of this document is to set out the Company’s current procedure and rules for the handling of disciplinary matters. It does not confer any contractual rights. 2) Management can choose to deal with minor instances of misconduct and initial unsatisfactory levels of performance informally, by way of counseling, guidance or instruction or by informally cautioning the employee. If a problem continues or management judges it to be sufficiently serious, this procedure will apply. 3) The Company will not dismiss any employee for a first offense, unless the offence amounts to gross misconduct (see section on gross misconduct below) in which case the employee will be dismissed without notice or pay in lieu. 4) The Company will not take any formal disciplinary action under this procedure without: • having carried out a prompt investigation. The Company will inform the employee whether any meeting he or she is asked to attend is investigatory or disciplinary; • giving or sending the employee a letter setting out the complaint made against him or her and possible outcomes of the disciplinary hearing. The letter will also inform the employee that he or she must attend a disciplinary hearing to discuss the matter and confirm the time, date and location of that meeting. Any employee who has difficulty understanding such a letter should ask their manager for an explanation; • before the meeting, providing the employee with relevant evidence; • giving the employee, together with any permitted companion (see 17 below) a reasonable opportunity to consider his or her response to that information; • explaining the Company’s case at the meeting and giving the employee an opportunity to put his or her case in respect of the allegations made 5) Employees have the right to appeal against any formal action taken against them under the procedure. 6) Depending on the seriousness of the misconduct or poor performance or the employee’s disciplinary record taken as a whole, Level 1 or Level 2 of the procedure may be omitted. 7) Depending on the circumstances, it may be appropriate to suspend the employee from work on full pay to enable the investigation to take place. Suspension on full pay does not amount to a disciplinary sanction. 8) The Company has other policies which are relevant to disciplinary matters, such as the attendance policy, dignity at work policy, the health and safety policy, the electronic communications policy. This procedure should be read as incorporating provisions relating to discipline in any other Company policies. 9) Each stage of this procedure will be carried out without unreasonable delay. 10) The Company will keep records of any action taken under these disciplinary procedures. These will be treated as confidential. 13.1 Gross misconduct The following are examples of conduct falling within the definition of gross misconduct and which entitle the Company to take action up to and including dismissal without notice or payment in lieu: • Refusal to accept and act on reasonable instructions from an employee’s supervisor or other member of management. • Serious negligence that could or does result in unacceptable loss, damage or injury. • Fighting, assault or threatening or bullying behavior. • Theft, fraud, falsification of Company records or any dishonesty involving the Company, its employees, customers or authorized visitors such as receiving gifts and gratitude from suppliers or clients or attempts to commit such offenses. • Deliberate or reckless damage to the property of the Company, its employees, customers or authorized visitors. • Being unfit to work through alcohol or illegal drugs. • Unlawful discriminatory conduct or harassment. • Unauthorized disclosure of confidential information. • Any action likely to endanger seriously the health and safety of the employee or any other person. Engaging in gambling and other illegal activities The above list is not exhaustive. It illustrates the type of conduct that normally merits dismissal for a first offence. Other types of offence, such as harassment, deliberate unlawful discrimination or computer misuse, may be treated as gross misconduct, depending on the seriousness of the particular facts. If the Company is satisfied, following investigation and a disciplinary hearing, that employee has committed gross misconduct; the Company will normally dismiss the employee without notice or pay in lieu. In some circumstances, demotion or suspension without pay may be used as alternative sanctions. 13.2 Other misconduct or poor performance In other cases coming within the ambit of this procedure, there will be no dismissal for a first offense. Instead, the Company may issue a formal warning to an employee, which may be a Level 1, Level 2 or Final Warning, as appropriate. 13.3 Conduct of meetings under the procedure, including appeals All disciplinary meetings, including appeals, will be held at a reasonable time and place. An employee who has been invited to attend a disciplinary meeting must take all reasonable steps to attend the meeting. In any disciplinary proceedings under the procedure, including appeals, an employee has the statutory right reasonably to request to be accompanied by a fellow employee of his or her choice. The companion may address the hearing to put the employee’s case, sum up his or her case or respond on the employee’s behalf to any view expressed at the hearing. He or she may also confer with the employee during the hearing, but does not have the right to answer questions on his or her behalf, address the hearing if the employee does not want him or her to or prevent anyone, including the employee, from making his or her contribution to the hearing. The appropriate level of management (see below) will conduct meetings. At the meeting, the Company will explain the role of all those attending on its behalf. The Company will then explain its case against the employee and will give the employee the opportunity to respond in full. At appeal meetings, the employee will present his or her reasons for appealing the decision and the Company will consider these. If matters come to light during a disciplinary meeting which require further investigation, the Company may at its discretion, adjourn any disciplinary meeting to enable further investigation to be carried out. 13.4 Possible outcomes of a disciplinary hearing 13.4.1 Level 1 warning The Company may issue a Level 1 warning if the employee’s conduct or performance does not meet the Company’s standards. A Level 1 warning may be issued normally by the employee’s immediate manager or a nominated deputy. Where, at the conclusion of the disciplinary hearing, the manager decides to issue such a warning, he or she will inform the employee of the following: • the reason for the warning; • that it is the first stage of the Company’s disciplinary procedure; • the action or improvement (if any) which he or she requires of the employee; • if appropriate, the timescale for implementing any such action; • the consequences for the employee of not implementing required action or of further misconduct; • when the warning will cease to have effect, subject to satisfactory conduct or performance. This will normally be after six months but a longer period may be stated in exceptional cases; • the right of appeal. All of these matters will be confirmed to the employee in writing. 13.4.2 Level 2 warning The Company may issue a Level 2 warning if: • the required improvement is not achieved within any timescale stated in the first warning; or • further misconduct or poor performance takes place during the currency of a Level 1 warning, whether or not involving a repetition of the conduct or poor performance which was the subject of the first warning; or • the seriousness of the misconduct or poor performance merits it, regardless of whether a Level 1 warning has already been issued. A Level 2 warning may be issued by the employee’s immediate manager (or a nominated deputy). Where, at the conclusion of the disciplinary meeting, the manager decides to issue a Level 2 warning he or she will inform the employee of: • the reason for the warning, including any prior warning(s) taken into account; • that it is the second stage of the Company’s disciplinary procedure; • the action or improvement (if any) which he or she requires of the employee; • if appropriate, the timescale for implementing any such action; • the consequences for the employee of not implementing the required action or of further misconduct, which could be a final warning; • when the warning will cease to have effect, subject to satisfactory conduct or performance. This will normally be after twelve months but a longer period may be stated in exceptional cases; • the right of appeal. All of these matters will be confirmed to the employee in writing. 13.4.3 Final warning The Company may issue a final warning if: • the required improvement is not achieved within any timescale stated in a second warning; or • further misconduct or poor performance takes place during the currency of a Level 2 warning, whether or not involving a repetition of conduct or poor performance which was the subject of a previous warning; or • the seriousness of the misconduct or poor performance merits it, regardless of whether it has issued any previous warnings. A final warning may be issued by a Head of Department (or a nominated deputy). As with Level 1 and Level 2 warnings, where, at the conclusion of the disciplinary meeting, the Head of Department decides to issue a final warning he or she will inform the employee of: • the reason for the final warning; • the action or improvement (if any) which he or she requires of the employee; • if appropriate, the timescale for implementing any such action; • the fact that this is a final warning and that the next stage of the procedure will be dismissal; • when the warning will cease to have effect, subject to satisfactory conduct or performance. This will normally be after twelve months but a longer period may be stated in exceptional cases; • the right of appeal. All of these matters will be confirmed to the employee in writing. 13.4.4 Dismissal The Company may dismiss an employee where: • the required improvement is not achieved within any timescale stated in a final warning; or • further misconduct or poor performance takes place during the currency of a final warning – whether or not involving a repetition of conduct or poor performance which was the subject of a previous warning; or • it is reasonably believed that he or she has committed an act of gross misconduct. Unless dismissal is for gross misconduct, the employee will be dismissed with notice. Only a Head of Department or the Managing Director may dismiss an employee. An employee will only be dismissed after he or she has received a written invitation to a disciplinary hearing and the disciplinary hearing has been held. Where the Head of the Department or the Managing Director determines to dismiss the employee, he or she will state the reason, the date on which the dismissal takes effect and inform the employee of his or her right to appeal as soon as possible after the end of the disciplinary meeting, or if not, as soon as reasonably practicable. These matters will be confirmed in writing. In exceptional circumstances, the Company may seek the employee’s agreement to demotion or suspension without pay or other penalty as an alternative to dismissal. Where it is deemed appropriate, a final warning may also be issued or continued in force. 14. Grievances Grievances are concerns, problems or complaints that employees raise with their employers. Employees should aim to settle most grievances informally with their line manager through raising and settling these problems during the course of everyday working relationships. If it is not possible to resolve a grievance informally, employees should raise the matter formally and, without unreasonable delay, with a manager who is not the subject of the grievance. This should be done in writing and should set out the nature of the grievance. Where some form of formal action is needed, what action is reasonable or justified will depend on all the circumstances of the particular case, but whenever a grievance process is being followed, it is important to deal with issues fairly. There are a number of elements to this: Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions Employers and employees should act consistently Employers should carry out any necessary investigations, to establish the facts of the case Employers should give employees an opportunity to put their case before any decisions are made Employers should allow employees to be accompanied at any formal grievance meeting Employers should allow an employee to appeal against any formal decision made In case of fraudulent activities or a possible attempt of any staff/employee/manager or officer to pillage the company, the provisions laid down in the Organiko’s Manual of Corporate Governance regarding open door policy shall be followed (Sec. 13.1, Organiko Manual of Corporate Govrnance). 15 Questions, Concerns: Where to go for help. For other questions and concerns, or in case of doubt, regarding the content of this handbook, please address it to your supervisor or to the Human Resource Department personally, as this handbook does not and cannot cover all types of situation an employee may encounter.