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2 | ARTICLE 14: SPASIFY PENALTIES FOR SPECIFIC OFFENSES (INDEPENDENT SERVICE PROVIDERS, CONTRACTORS, SUB-CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS, AND FRANCHISEES) | |||||
3 | VIOLATIONS | 1ST OFFENSE | 2ND OFFENSE | 3RD OFFENSE | 4TH OFFENSE | 5TH OFFENSE |
4 | I. ATTENDANCE - SECTION | |||||
5 | I. I TIMEKEEPING AND RECORDING - SUB-SECTION | |||||
6 | A. Failure to record actual time in and out. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
7 | B. Failure to Log Attendance in the required time sheet (Time-In, Break, and Time Out) | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
8 | C. Tampering, altering, falsifying, and/or disfiguring entries in Offline Time Sheets or Online Time Tracking System. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
9 | D. Overtime work without approval from the Management. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
10 | I. II. UNAUTHORIZE UNDERTIME | |||||
11 | A. Unauthorized quitting of work for One (1) hour or more before time off. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
12 | B. Violation of Break time and Lunch Time schedules. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
13 | C. Frequent under time for personal reasons (more than 2 times a month) | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
14 | I. III. TARDINESS | |||||
15 | A. Failure to notify late three (3) hours before duty; or failure to notify late arrival thirty (30) minutes before the time of reservation | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
16 | B. Fifteen (15) minutes late on any day. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
17 | C. Habitual Late three (3) or more Lates in a week. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
18 | D. Incurring five (5) or more tardiness in a month | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
19 | I. IV. ABSENCES AND ABANDONMENT OF POST | |||||
20 | A. Unexcused absence or one day absence without official leave (AWOL) | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
21 | B. Unexcused absence or three (3) consecutive days but not more than six days of absence without official leave (AWOL) within one calendar month. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
22 | C. Failure to return to work after leave of absence or suspension without Justifiable reason. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
23 | D. Absence without official leave for thirty (30) consecutive days without prior authorization. | Service Disengagement | ||||
24 | E. Abandonment of Post or leaving the Company premises or the Official assigned hours without the approval of the Supervisor / Manager shall be construed as abandonment of duty. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
25 | II. CONDUCT, BEHAVIOUR AND PERFORMANCE | |||||
26 | II. I. INSUBORDINATION AND DISCOURTESY | |||||
27 | A. Willful refusal or disregard to follow digital, verbal or written work–related instructions of superiors and members of management resulting to disruption of company operations/activities. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
28 | B. Not reporting for work without valid reasons on designated time including rest days and holidays after being required to do so. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
29 | C. Refusal to answer questions in any investigation authorized or conducted by the company unless his answers therein would violate his constitutional Rights. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
30 | D. Discourtesy Towards co-Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
31 | E. Discourtesy Towards superiors, company officials, and Clients. | Service Disengagement | ||||
32 | F. Using profane or obscene language in dealing with co-Independent Service Provider, SubContractors, Employees, Agents. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
33 | G. Using profane or obscene language in dealing with superiors, company officials and clients. | Service Disengagement | ||||
34 | H. Serious misconduct and willful disobedience | Service Disengagement | ||||
35 | II. II. DISORDERLY CONDUCT | |||||
36 | A. Malicious mischief or serious horseplay resulting to injury to another person or damage to property for which the company may be held liable. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
37 | B. Having an affair, romantic and/or sexual relationship to a client or co-Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees wherein the company’s reputation may put at stake or may cause conflict or difficulties with the client or in the workplace. | Service Disengagement | ||||
38 | III. OFFENSES AGAINST PERSONS, COMPANY PROPERTIES AND BREACH OF SECURITY | |||||
39 | A. Instigating a fight or fighting with another Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees, superior, Company Officials, and customers. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
40 | B. Inflicting bodily harm on any person except in self –defense while performing work during business hours whether within or outside Company Premises. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
41 | C. Intimidation, coercion or threatening fellow Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees, superiors, customers, contractors, and/or other parties which adversely affects Company interests. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
42 | D. Circulating false, untrue, or confidential information affecting the interest of the Company or its officers. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
43 | E. Collecting contributions from other Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees without authority from the management. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
44 | F. Soliciting, peddling, and/or selling any type of goods or services to Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees during work hours within the company premises. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
45 | G. Unauthorized use of company facilities, equipment and materials for private and personal interests. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
46 | H. Theft or pilferage of any properties of the Company. | Service Disengagement | ||||
47 | I. Removing, selling, disposing of or withholding tools, equipment, raw materials, and other properties of the company. | Service Disengagement | ||||
48 | J. Bringing outside Company premises any tools, equipment, supplies, raw materials And other purposes without prior authority. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
49 | K. Intentionally destroying or damaging Company property/ies or any other property including equipment or devices belonging to Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, Franchisees, Company visitors, contractors and/or other parties for which the Company may be held liable. | Service Disengagement | ||||
50 | L. Unauthorized carrying of firearms, explosives and combustible materials or any deadly weapons or similar objects within Company premises. | Service Disengagement | ||||
51 | M. Taking part in any gambling, lottery or any other game of chance within the Company premises. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
52 | N. Display of conduct and behavior outside work which would reflect unfavorably towards Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees current position and company image. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
53 | O. Conviction of any crime with a penalty of imprisonment. | Service Disengagement | ||||
54 | P. Commission of an immoral act within Company premise. | Service Disengagement | ||||
55 | IV. TAKING ALCOHOLIC, BEVERAGES AND PROHIBITED DRUGS | |||||
56 | A. Drinking liquor within company premises except on occasions and in locations authorized by the Company. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
57 | B. Reporting for work while under the influence of liquor and/or prohibited drugs. | Service Disengagement | ||||
58 | C. Inducing any person to take prohibited drugs within the Company premises except when duly authorized for medical reasons. | Service Disengagement | ||||
59 | V. USE OF COMPANY VEHICLES | |||||
60 | A. Unauthorized use of Company vehicles for personal gain and interests. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
61 | B. Reckless driving or exceeding the speed limits allowed for Company vehicles. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
62 | C. Reckless driving resulting to damage of company vehicle and/or injury to another Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees | Service Disengagement | ||||
63 | D. Allowing unauthorized persons to operate company vehicle or equipment assigned to another Independent Service Provider, SubContractors, Employees, Agents. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
64 | E. Driving company vehicle under the influence of liquor. | Service Disengagement | ||||
65 | VI. VIOLATIONS OF HEALTH, SAFETY, AND OTHER SECURITY GUIDELINES | |||||
66 | VI. I. HEALTH STANDARDS | |||||
67 | A. Violation of any set Company rules on health and sanitation. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
68 | B. Breach of cleanliness and sanitation such as but not limited to defacing of walls, urinating other than in the toilets and washrooms. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
69 | C. Refusal or failure to submit for medical and physical examinations as may be required by the company. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
70 | D. Failure to report any contagious Disease when said ailment endangers fellow Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
71 | VI. II. SAFETY STANDARDS | |||||
72 | A. Failure to wear safety attire or personal protective equipment when prescribed within company premises. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
73 | B. Carelessness with regard to safety of fellow Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees even when No serious injury is caused. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
74 | C. Removing or deactivating safety devices from machinery, equipment or any other property of the company without permission. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
75 | D. Allowing unauthorized person/s to operate Company equipment assigned to the Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
76 | E. Failure to report immediately, after having access to information of an accident, injury or unsafe conditions involving Company’s Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees or any other person within company premises. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
77 | F. Loitering inside Company premises without official business transaction. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
78 | G. Unauthorized entry in Restricted Areas or within company premises. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
79 | H. Unauthorized receiving of visitors and/or relatives in Restricted Areas within company premises during working hours. | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
80 | I. Failure to observe Company safety rules and regulations and general practices at work. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
81 | J. Refusal to submit themselves to security search and check or to comply with the security requirements and regulations of the Company. | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | |
82 | K. Smoking in designated “No Smoking” areas within Company premises. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
83 | VI. III. OTHER SECURITY GUIDELINES | |||||
84 | A. Reporting for work w/o ID and proper uniform | Written Reprimand | (1) Day Suspension | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement |
85 | B. Using of Company uniform in other activities/business/agenda without prior authorization. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
86 | C. Wearing of competitor’s identity especially when inside Company premises. | (3) Days Suspension | (1) Week Suspension w/ Disengagement Warning | Service Disengagement | ||
87 | D. Bringing out company records of confidential in nature w/o proper authorization | Service Disengagement | ||||
88 | VII. NON-DISCLOSURE, NON-SOLICITATION, NON-COMPETETION, AND NON-DISPARAGEMENT | |||||
89 | VII. I. NON-DISCLOSURE | |||||
90 | A. Disclosure of material information relating to the business and affairs of the Company that have significant effect on the operation and well-being of the Company. | Service Disengagement Fine of P200,000.00 | ||||
91 | B. Disclosure of trade secrets or confidential information and materials that might benefit a competitor to the disadvantage of the company. | Service Disengagement Fine of P200,000.00 | ||||
92 | VII. II. NON-COMPETE | |||||
93 | A. During the period of the Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees’ engagement and/or at any time after the resignation, termination and/or disengagement shall not directly or indirectly engage in any business or activity which competes with the business of the Company for a period of three (3) years within thirty (30) mile radius of any contracted sites that the Company holds following the resignation date, termination date or disengagement date. This includes but not limited to the exclusive locations contracted and non-contracted and each locations individual clients. a. Engage in such business on his own account; or b. Become interested in any such business, directly or indirectly, as an individual, partner, shareholder, director, officer, principal, agent, Independent Service Provider, Contractor, Sub-contractor, Employee, partner, franchisee, trustee, consultant, or any other relationship or capacity; provided, however, that nothing contained in this section shall be deemed to prohibit you from acquiring, solely as an investment, not more than 5% of the shares of capital stock of any public corporation. | Service Disengagement Fine of P200,000.00 | ||||
94 | VII. III. NON-SOLICITATION | |||||
95 | A. There will never be any favors exchanged between Independent Service Provider, SubContractors, Employees, Agents and a client, for personal gain or profit; there will always be a "professional distance" between Independent Service Provider, Sub-Contractors, Employees, Agents and the Company’s Clientele. | Service Disengagement Fine of P200,000.00 | ||||
96 | B. Independent Service Providers, Sub-contractors, Employees, and Agents: During the term of his/her engagement and for three (3) years after its disengagement for any reason, Independent Service Providers, Sub-contractors, Employees, and Agents shall not directly or indirectly solicit, induce, recruit, encourage or otherwise endeavor to cause or attempt to cause any Independent Service Providers, Sub-contractors, Employees and Agents of the Company to disengage their relationship with the Company. | Service Disengagement Fine of P200,000.00 | ||||
97 | C. Customers: The following paragraph refers to all clientele generated through the Company. Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees hereby fully and clearly recognize the clientele and their referrals or contacts, as being the sole property of the Company. During the term of his/her engagement and for three (3) years after its disengagement for any reason, Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees shall not Directly or indirectly, for themselves or on behalf of any other person, partnership, company, corporation or other entity, solicit or attempt to solicit, for the purpose of engaging in competition with the Company or the Employer: (i) Any person, referral, contact, or entity whose account was serviced by the Company; or (ii) Any person or entity who is or has been a customer of the Company prior to Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees disengagement; or (iii) Any person or entity the Company has targeted and contacted prior to Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees disengagement for the purpose of establishing a customer relationship. | Service Disengagement Fine of P200,000.00 | ||||
98 | D. Business Opportunities: During the term of the Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees' engagement and for three (3) year after its disengagement for any reason, Independent Service Provider, Contractor, Sub-contractors, Employees, Agents, Partners, and Franchisees will not directly or indirectly, in any capacity: (i) Solicit the business or patronage of any Customer/Client for any other person or entity, (ii) Divert, entice, or otherwise take away from the Company the business or patronage of any Customer/Client, or attempt to do so, or (iii) Solicit or induce any Customer/Client to terminate or reduce its relationship with the Company. (iv) Allow himself/herself to be put in an opportunistic situation in which the Company could lose the Customer/Client or their potential business; or even their referrals. | Service Disengagement Fine of P200,000.00 | ||||
99 | VII. IV. NON-DISPARAGEMENT | |||||
100 | A. Make any disparaging or derogatory comments, whether oral or in writing, about us, our agents, employees, or Independent Service Providers for any reasons. | Service Disengagement Fine of P200,000.00 | ||||