6.2 Forms of Sexual Harassment
Sexual harassment encompasses various conducts of a sexual nature which can manifest themselves in five possible forms, namely:
6.3 Disciplinary Action
- Verbal harassment: e.g. offensive or suggestive remarks, comments, jokes, kidding, teasing, sounds, inquiries or discussions about sexual activities or other verbal abuse;
- Non-verbal / gestural harassment e.g. leering or ogling with suggestive overtones, licking lips, holding or eating food provocatively, hand signal or sign language denoting sexual activity, persistent flirting;
- Visual harassment e.g. showing pornographic materials, writing sexually suggestive letters or other written materials, sexual exposure;
- Psychological harassment e.g. repeated unwanted social invitations, proposals for dates or physical intimacy;
- Physical harassment e.g. inappropriate touching, patting, pinching, stroking, grabbing, hugging, kissing, fondling, brushing up against the body, or coerced sexual intercourse sexual assault.
All employees including supervisors and managers will be subject to disciplinary action up to and including dismissal for engaging in sexual harassment. Employees who make false and malicious complaints of sexual harassment as opposed to complaints that are made in good faith will also be subject to disciplinary action.
An independent and thorough investigation in a manner that is as confidential as possible under the circumstances will be carried out on all complaints received alleging sexual harassment.
6.4 Complaints Procedure
Due to the sensitive and personal nature of sexual harassment complaints, employees who believe them to be aggrieved under this policy should, within seven (7) days from the date of the purported incident direct his / her grievance to the HRD.
It is necessary that such complaints be made direct to the HRD, so as to ensure maximum confidentiality and to minimize embarrassment to the complainant especially at the time of reporting and in the course of investigation into the complaint.
The complainant and alleged harasser will both be interviewed as will any individual who may be able to provide relevant information. An accurate record of the objectionable behaviour or misconduct is needed to resolve a formal complaint of sexual harassment. Verbal reports of sexual harassment must be reduced to writing by either the complainant or the individual who receive the complaints and must be signed by the complainant. Employees, who believe that they have been or are currently harassed, should maintain a record of the objectionable behaviour in order to substantiate their allegations. If the investigation reveals evidence to support the complaint of sexual harassment, a Domestic Inquiry will be conducted against the alleged harasser.
Regardless of the outcome of a sexual harassment complaint made in good faith, the employee lodging the complaint, as well as anyone providing information, will be protected from any form of retaliation by either co-workers or superiors. This includes demotion, unwanted transfer, denial of opportunities within the company, as well as harassment of the employee as a result of his/her having made a complaint or having provided evidence regarding the complaint.
7. DISCIPLINARY ACTION
Any employee, who commits misconduct or a breach of rules established by the Company, shall be subject to disciplinary action.
- Misconduct relating to duty such as carelessness, fraud, misappropriation, insubordination etc.
- Misconduct relating to discipline such as fighting, assault, quarrel, gambling damage to Company property, drug abuse etc.; and
- Misconduct relating to morality such as committing an indecent act, sexual advancement, pornography, keeping or distributing indecent or pornographic literature at the workplace, etc.
Appendix 1 provides a list of minor & major misconducts.
A panel appointed at the discretion of the Company shall conduct all inquiries. The inquiry panel shall not include a member (s) whose presence may affect the impartiality of the panel in its conduct of the proceedings and its recommendations.
The proceedings of an inquiry shall be duly recorded by the panel for submission to the HR Manager or to the appropriate higher authority for decision.
The Company may suspend an employee on half pay for a period of not exceeding two (2) weeks pending an inquiry.
7.3 Action by the Company
All disciplinary actions taken by the Company shall comply with the Company's established procedures and current legislation. Where there is any conflict between the two, current legislation shall prevail.
Head of Departments may issue written warnings on the advice of the HRD. All written warnings shall be recorded in the employee personnel file. In the event where three (3) warning letters for a similar offense have been issued within a period of twelve (12) months, the employee shall be subject to an inquiry to determine further disciplinary action.
Depending on the gravity of the offense committed and after due inquiry, the employee may be subject to any of the following punishments:
7.4 Summary Dismissal
- Dismissal without notice
- Suspension without pay up to a maximum of two (2) weeks
- Stoppage / Withholding of increment
- Withholding of bonus
- Withholding of promotion
- Written warning
The Company reserves the right to dismiss an employee for misconduct after due inquiry including but not limited to dishonesty, insubordination, gross neglect of duty, bankruptcy and criminal conviction, within reasonable time after the misconduct in question without notice, salary or other forms of compensation.
This right is in addition to and does not prejudice its other rights under law.
7.5 Grievance Procedure
7.6 Termination of service
- Employee should, whenever possible try to resolve disputes and minor problems amicably and informally between themselves or together with their immediate supervisors.
- If such informal means do not bring a resolution, an employee may bring to the HR Manager's attention any grievance or complaint within fourteen (14) days from the date of occurrence of the event causing or giving rise to such grievance or complaint. The filing of a formal grievance in writing should be done only if such grievances or complaints cannot be resolved through these informal discussions.
- A member of the HRD shall be assigned by the HR Manager to attend such grievances or complaints and to discuss and offer suggestions for resolution. Due consideration shall be given to all grievances and complaints and the HRD shall make all efforts to resolve them promptly and fairly.
- The HR Manager may at its discretion and depending on the seriousness of the grievances and complaints, bring the matter to the attention of the Managing Director for his consideration.
Notice of termination of service shall be made in writing and in accordance with the Employee Terms and Conditions of Service. In lieu of such notice, the employee or the Company shall pay a sum equivalent to the salary for the notice period required. An employee shall surrender all Company documents, files, vehicles, keys and other Company property in his possession upon his termination of service in the Company. The employee shall reimburse the Company the value of the replacement cost for any item (s) or the Company property that is lost or destroyed while under his custody. The employee shall settle all outstanding liabilities and obligations with the Company before any monies due to him are to be released.
Company are committed to uphold the human rights of workers, and to treat them with dignity and respect as understood by the international community. This applies to all workers including temporary, migrant, student, contract, direct employees, and any other type of worker. The recognized standards, below, were used as references in preparing the Code and may be a useful source of additional information.
The labour standards are:
8.1 Freely Chosen Employment
Forced, bonded (including debt bondage) or indentured labour, involuntary prison labour, slavery or trafficking of persons shall not be used. This includes transporting, harbouring, recruiting, transferring or receiving persons by means of threat, force, coercion, abduction or fraud for labour or services. There shall be no unreasonable restrictions on workers' freedom of movement in the facility in addition to unreasonable restrictions on entering or exiting company-provided facilities. As part of the hiring process, workers will be provided with a written employment agreement that contains a description of terms and conditions of employment prior to the worker departing from his or her country of origin. All work must be voluntary and workers shall be free to leave work at any time or terminate their employment. Employers and agents may not hold or otherwise destroy, conceal, confiscate or deny access by employees to employees' identity or immigration documents,
such as government-issued identification, passports or work permits, unless the holding of work permits or government issued document is required by law or agreed by the employee.
8.2 Child and Young Workers
Child labour is not to be used in any stage of manufacturing. The term "child" refers to any person under the age of 16, or under the age for completing compulsory education, or under the minimum age for employment in the country, whichever is greatest. The use of legitimate workplace learning programs, which comply with all laws and regulations, is supported. Workers under the age of 18
(Young Workers) shall not perform work that is likely to jeopardize their health or safety, including night shifts and overtime. Company shall ensure proper management of student workers through proper maintenance of student records, rigorous due diligence of educational partners, and protection of students' rights in accordance with applicable law and regulations. Company shall provide appropriate support and training to all student workers. In the absence of local law, the wage rate for student workers, interns and apprentices shall be at least the same wage rate as other entry-level workers performing equal or similar tasks.
Company should be committed to a workforce free of harassment and unlawful discrimination. Companies shall not engage in discrimination based on race, colour, age, gender, sexual orientation, gender identity and expression, ethnicity or national origin, disability, pregnancy, religion, political affiliation, union membership, covered veteran status, protected genetic information or marital status in hiring and employment practices such as wages, promotions, rewards, and access to training. Workers shall be provided with reasonable accommodation for compulsory religious practices. In addition, workers or potential workers should not be subjected to medical tests or physical exams that could be used in a discriminatory way.
8.4 Working hours, benefits and wages
The Company shall adhere to the strictest applicable laws and/or industry standards relating to wages, working hours, overtime and benefits. Employees shall not be required to work more than 48 hours a week. Overtime shall be voluntary, and to adhere to the maximum allowed under applicable laws and regulations), be remunerated at a higher rate than the hourly rate and shall be paid in legal tender on a regular basis.
8.5 Paid Leave
The Company shall grant all employees the right to sick leave and annual holiday, as well as parental leave for relevant employees with a new born or newly adopted child, as provided by applicable legislation. Employees who take parental leave shall not face dismissal or threat of dismissal and shall be able to return to their former employment at the same rate of pay and with the same benefits.
8.6 Employee contracts
The Company shall provide all employees with a written, understandable and legally binding labour contract. Provisions for non-permanent and seasonal employees shall be no less favourable than those applicable to permanent workers.
8.7 Freedom of Association
In conformance with local law, the Company respects the right of all workers to form and join trade unions of their own choosing, to bargain collectively and to engage in peaceful assembly as well as respect the right of workers to refrain from such activities. Workers and/or their representatives shall be able to openly communicate and share ideas and concerns with management regarding working conditions and management practices without fear of discrimination, reprisal, intimidation or harassment.
Common Acts of Misconduct
- Theft/Pilferage/Misappropriation or attempt of the same of the Company's money or property or other employee's money or property within the Company's premises.
- Fraud, dishonesty, falsification or attempt of the same in connection with the Company's business, money or property.
- Cheating the Company.
- Fighting with or assaulting, abusing or being violent towards another employee or authorized visitor on the Company's premise or threatening the same.
- Prosecuted or charged with criminal offense.
- Soliciting or accepting bribes or any illegal gratification.
- Participation in unauthorized financial transactions within the Company's premises.
- Participation in illegal strikes.
- Instigating industrial action among employees against the Company.
- Picketing in the Company's premise except where permissible under the law, agreement or award.
- Inciting other employees to participate in illegal strikes in contravention of the provisions of any law or rule having the force of law.
- Wilful insubordination or disobedience whether alone or in combination with others to any lawful and reasonable order of a superior.
- Conflict of interest.
- Breach of fiduciary relationship.
- Spreading malicious rumours about the Company.
- Gambling whether involving money or otherwise, in the Company premises.
- Gross negligence and neglect of duty.
- Interfering with the record of his attendance or of any other employee or falsification, defacement or destruction of any record of the Company.
- Sleeping while on duty.
- Possession of illegal weapon or lethal weapon on the Company's premises.
- Riotous, disorderly or indecent behaviour on the Company's premises.
- Smoking in prohibited / restricted areas.
- Illegal substance or drug abuse.
- Disclosing confidential information.
- Driving or unauthorized use of the Company's vehicle without prior authorization.
- All forms of harassment including but not confined to unwelcome verbal or physical advances and sexually, racially or otherwise derogatory or discriminatory statements or remarks.
- Habitual late coming or late attendance.
- Habitual negligence.
- Commission of any subversive act to the discipline of the Company or general behaviour.
- Commission of any private act that brings disrepute, embarrassment or affects the legitimate interest of the Company or ruins the image of the Company.
- Company habitual breach of any order or any law applicable to the establishment of rules made there under.
- Withholding overtime at a critical time to bring pressure on the management.
- Making material misstatement in job application, loan application or declaration.
- Unauthorized use of time cards.
- Possession, sale or distribution of unsuitable, indecent or pornographic materials.
- Committing an immoral act within the Company's premises.
- Failure to report serious infectious or contagious illness or disease to the Company's medical Officer or HRD.
- Forging or defacing medical certificates or other official documents to defraud the Company.
- Conduct which is likely to cause injury or endanger the life or safety of another person within Company's premises.
- Trespassing or forcible occupation of the Company's premises or prohibited areas.
- Bringing company to illegally challenge dismissal.
- Bypassing the proper channel of communication.
- Refusal to accept any communication served either in accordance with the Code of Conduct or in instigating the same.
- Misrepresentation of the Company to others.
- Participation in illegal gatherings or activities in the Company's premises or abetting, inciting or instigating the same.
- Serious pecuniary indebtedness affecting the public image of the Company.
- Making public statements against the interest of the Company.
- Publishing or writing of books against the interest of the Company.
- Leaving work place during working hours without permission of the immediate supervisor or overstaying sanctioned leave without sufficient grounds or proper or satisfactory explanation without informing or attempting his employer of the excuse or reason for such absence.
- Quarrelling or fighting or committing a nuisance at the work place.
- Carelessness or wilfully causing damage or loss to the Company's property or goods.
- Deliberate interference with or damage and contamination of factory processes, material or equipment.
- Posting, altering, removing, defacing or destroying the Company's notices or any material on bulletin boards or the Company's property without the permission of the management.
- Failure to wear a uniform at work place as per the Company's policy.
- Failure to furnish information which is within the scope of his employment and which relates to the mutual interest of the Company and the employee.
- Malingering and feigning illness.
- Loitering during working hours.
- Failure to follow safety procedures or tampering with safety devices to the detriment of the Company or its employees.
- Infringement of safety regulations.
- Unnecessary wastage of documents and materials.
- Abuse or unauthorized use of the Company's property, utilities, equipment or facilities.
- Habitual or substantial negligence in the care of tools, equipment and apparatus of the Company.
- Wilful failure to report at once to his superior any defect which an employee may notice in any equipment connected with his work.
- Wilful in not reporting any defect or occurrence which an employee may notice or which might endanger himself or any other person or which might result in damage to the Company or any person within the Company.
- Failure to keep the work place clean and tidy.
- Obstructing, inciting or wilfully slowing down other employees from work.
- Blackness in performance.
- Disclosing commercial or manufacturing secrets, calculations or designs.
- Acting in violation with competition laws, including agreeing with competitors on prices or any other terms and conditions to customers, allocation territories or customers, rigging bids.
- Ceasing work without permission before the proper finishing time.
- Spitting within the Company premises.
- Playing computer games at the company premises during or installing computer game(s) into company's computer.
- Interfering with another person's work during working or non-working hours.
- Writing frivolous or offensive notes/ memos/ letters to superior.
- Contaminate drinking fountain water in the premises.
- Selling or advertising non-company products in circumstances prejudicial to discipline.
- Bringing friends or visitors without permission to tour the factory.
- Refusal to submit to search when required to do so by the company authorised representative.
- Installing pirated computer software or unlicensed computer software inti company's computer.
- Engaging in private work or trade within the Company or outside the Company which is directly and indirectly in conjunction with the business of the Company.
- Any other offences that are deemed major.
The above examples of misconduct are not exhaustive as the Company reserves the right to determine what constitute acts of misconduct that warrant disciplinary action and will update the list from time to time.