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Corporate Governance Report

Corporate Governance Report

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Related information/Ethics Policy and Regulations

Ethics

The word “ethics” can be traced back, through Old French and Latin, to the term “hē ēthikē tekhnē”  in Ancient Greek, which means “the science of morals.” It now refers to “moral principles that govern a person’s behavior or the conducting of an activity” or “the moral correctness of specified conduct.” 

Importance of Ethics

Ethics help you learn about and understand your duties: Ethics foster a sense of responsibility.

Ethics help you learn about and understand your life’s ideal.

Ethics help you learn about and understand your values, as well as elevate your moral conscience.

Ethics help you learn about and comply with social norms.

Ethics help you discover reason and discern right from wrong.

**Ethics are the standards by which members of society must abide.**

Ethics for Employees

Ethics

 (1) Keep confidential information of the Company and of its clients to yourself. Do not reveal any confidential information you have learned as an  employee to the public or to an outside entity, even after your employment has ended, unless otherwise required by law.

(2) Monitor the progress of your own work and report all instances that may result in damage to the Company’s assets or its reputation as quickly as possible to the person in charge.

(3) Behave well towards clients and visitors and treat them with kindness. Strive to impress and satisfy them to bring about a good reputation for the Company.

(4) If you are a supervisor, pay attention to and monitor the conduct of your subordinates, and be prepared to report the truth to Human Resources without covering up for your subordinates.

(5) Strictly comply with your supervisor’s legitimate orders and always show due respect to your superiors.

(6) Never execute any form of solicitation without written authorization from Human Resources.

(7) Efficiently and successfully execute the Company’s ad-hoc tasks according to the lawful and legitimate order of your supervisor.

 (8) Refrain from working for another employer or from performing any task unrelated to the Company during work hours or within the premises of the Company, unless written approval has been granted to you. Do not work in any capacity that can be considered competition to the Company’s business either during or off work hours.

(9) Do not bicker, insult, employ rude language, or act in any capacity to disgrace others. Do not encourage or spread ill news to tarnish a person’s reputation, whether that person be a customer, a supervisor, or visitor, or a fellow employee.

(10) Do not disclose your or anyone else’s wage to an employee whose duty does not demand the knowledge of this nature.

(11) Adhere to good moral practices. Refrain from misbehaving sexually. Do not make sexual advances or cause sexual nuisance to any employee or colleague.

 

Corporate Governance Report

Related information/Ethics Policy and Regulations

Ethics

The word “ethics” can be traced back, through Old French and Latin, to the term “hē ēthikē tekhnē”  in Ancient Greek, which means “the science of morals.” It now refers to “moral principles that govern a person’s behavior or the conducting of an activity” or “the moral correctness of specified conduct.” 

Importance of Ethics

Ethics help you learn about and understand your duties: Ethics foster a sense of responsibility.

Ethics help you learn about and understand your life’s ideal.

Ethics help you learn about and understand your values, as well as elevate your moral conscience.

Ethics help you learn about and comply with social norms.

Ethics help you discover reason and discern right from wrong.

**Ethics are the standards by which members of society must abide.**

Ethics for Employees

Ethics

 (1) Keep confidential information of the Company and of its clients to yourself. Do not reveal any confidential information you have learned as an  employee to the public or to an outside entity, even after your employment has ended, unless otherwise required by law.

(2) Monitor the progress of your own work and report all instances that may result in damage to the Company’s assets or its reputation as quickly as possible to the person in charge.

(3) Behave well towards clients and visitors and treat them with kindness. Strive to impress and satisfy them to bring about a good reputation for the Company.

(4) If you are a supervisor, pay attention to and monitor the conduct of your subordinates, and be prepared to report the truth to Human Resources without covering up for your subordinates.

(5) Strictly comply with your supervisor’s legitimate orders and always show due respect to your superiors.

(6) Never execute any form of solicitation without written authorization from Human Resources.

(7) Efficiently and successfully execute the Company’s ad-hoc tasks according to the lawful and legitimate order of your supervisor.

 (8) Refrain from working for another employer or from performing any task unrelated to the Company during work hours or within the premises of the Company, unless written approval has been granted to you. Do not work in any capacity that can be considered competition to the Company’s business either during or off work hours.

(9) Do not bicker, insult, employ rude language, or act in any capacity to disgrace others. Do not encourage or spread ill news to tarnish a person’s reputation, whether that person be a customer, a supervisor, or visitor, or a fellow employee.

(10) Do not disclose your or anyone else’s wage to an employee whose duty does not demand the knowledge of this nature.

(11) Adhere to good moral practices. Refrain from misbehaving sexually. Do not make sexual advances or cause sexual nuisance to any employee or colleague.

 

Core Values

C - Customer Focus

We give precedence to customer satisfaction by producing and delivering products that are made to please, and continuously developing and improving our products and services.

A - Awareness of Safety, Health and Environment

We are continuously mindful of safety, health and the environment. We aim to become a good role model in society, and encourage others to comply with safety, health and environmental regulations.  

R - Result Oriented

We work together cooperatively to achieve goals. 

E - Ethics and Integrity

We are honest, conscientious, and respond to the company’s regulations.

 

Chapter 1

Employment and Categories of Staff

(1) The Company recognizes the following two levels of employees:

1.1 General Staff

1.2 Operative Staff

(2) Categories of Staff

2.1 Trainees are staff who work for the company and are still on their probation period

2.2 Permanent employees are staff who have passed the probation period and were nominated to be permanent employees by the company

2.3 Temporary staff and consultants are employed for specific temporary projects outside the scope of usual business operations. These projects must be clearly defined with a specific timeline and may not exceed two years. All temporary staff must receive an employment contract prior to engagement.

(3) Recruitment

3.1 General Provisions

Recruitment refers to the act of hiring new employees from outside the Company, which contributes to the fulfillment of the Company’s long-term goals.

3.2 Filling Vacancies

The Head of Human Resources, the head of the department with the vacancy, and the direct supervisor of the vacant post jointly interview candidates. The decision to hire a candidate must also be made collectively.

3.3 Hiring

   3.3.1 Human Resources and the department with the vacancy will consider the candidate’s qualifications and establish the starting salary in accordance with the post’s scope of responsibilities and the salary structure of the Company.

   3.3.2 New employees are subject to a probationary period at the beginning of their employment, after which they may be offered a full-time position, depending on their probationary results.

   3.3.3 Human Resources will notify new employees of their start date.

   3.3.4 On the first day of work, new employees are to report to Human Resources first.

3.4 Rehiring

   3.4.1 It is company policy to never rehire an employee who has resigned twice.

   3.4.2 The Company will not consider rehiring an employee who has resigned to work for a company whose          business is similar to or is the same as the Company’s.

   3.4.3 An employee who has left the post once and would like to be rehired must undergo the same procedure as new recruits. Preliminarily, the head of this employee’s former department must grant his or her approval in order for a former employee to be rehired.

   3.4.4 The Company will offer the same wage or compensation package to the rehired employee that he or she used to receive prior to leaving the post.

3.5 Hiring an Employee’s Spouse or Descendant

Hiring an employee’s spouse or descendant is permissible. The employee’s supervisor and Human Resources are entitled to hire or re-assign a post to an employee’s spouse or descendant as they deem appropriate.

(4) Probation

4.1 A new employee shall be subject to a probationary period of no more than 119 calendar days.

4.2 The employee’s line manager or department head shall review the employee’s capabilities near the end of probation. The hiring confirmation form shall be completed at least 15 days before the end of the probation period.

4.3 An employee on probation shall receive at least the minimum benefits required by law.

(5) Time Clocking

All employees under the rank of an assistant manager must clock in and out of work. Exemption may be granted to some employees on a case by case basis.

Please note that failure to clock in and out or incomplete clocking will be considered an absence or abandonment of duty or of work, depending on the circumstance.

(6) Job Placement

6.1 Job placement shall be based on an employee’s knowledge and competence.

6.2 An employee’s wage reflects his or her duties and responsibilities.

6.3 In the event that the Company cannot place an employee in a certain post, it may place the employee in another suitable post.

(7) Transfer

7.1 The Company reserves the right to transfer employees to different posts if necessary and suitable, provided that the transfer conforms with the Labor Protection Act.

7.2 The transfer may take place within the same unit or department or between units or departments. It must first be approved by the original unit or department.

(8) Security Deposit

The Company may demand or accept collateral to insure the work of an employee in charge of the Company’s finances or property against potential damage caused by the employee. The collateral’s total amount shall not exceed 60 times the average daily wage of the employee on the date the collateral is received. The Company will return the collateral with interest (if any) to the employee within seven (7) days from the end of employment (according to the company-issued Saturday workday schedule).

 

Chapter 2

Working Days, Normal Working Time and Rest Periods

 (1) Working Days and Normal Working Time

 1.1 General Staff

Regular working time : Monday-Friday 8 AM – 5 PM

Rest time : 12 PM – 1 PM

1.2 Operative Staff

Regular working time : Monday-Friday with one Saturday a month     
8 AM – 5 PM (according to the company-issued Saturday workday schedule)

Rest time : 12 PM – 1 PM

(2) Rest Period before Overtime Work

Whereas any Overtime Work is more than two hours after normal working time, the Employer shall arrange for the Employee to take a rest period of not less than twenty minutes before the Employee commences the Overtime Work.

(3) Irregular Work Hours

Some posts may demand irregular work hours, such as that of a marketing representative. Nonetheless, these employees are still subject to the normal 8-hour workday, with Saturday and Sunday as weekly days off. Employees in this category will be notified by their supervisor on a case-by-case basis (according to the company-issued workday calendar). The Company shall pay regular wages to these employees.

Chapter 3

Holidays

(1) Weekly Holidays

1.1    General Staff          weekly rest time: Saturday and Sunday

1.2    Operative Staff       weekly rest time: 3 Saturdays (according to the company-issued workday schedule) and Sunday

(2) Traditional Holidays

Normally the employer shall announce fourteen traditional holidays per year, including National Labor Day as specified by the Minister, for which the Company pays regular wages to its employees. If a traditional holiday falls on a weekly holiday of an Employee, the Employee shall take a day off to substitute for the traditional holiday on the following working day.

(3) Annual Holidays

3.1 Standard Rights

   1.After four (4) months of employment, an employee is entitled to paid vacation days according to the following criteria: 

   2.A general employee is entitled to 15 workdays per calendar year.An operator is entitled to 10 workdays per calendar year. 

   First-year employees’ paid vacation days are prorated according to the duration of their employment

3.2 Distribution and Accrual of Vacation Days

   3.2.1 Vacation may be requested for any time of the year, subject to the discretion of the line supervisor.

   3.2.2 The line supervisor is in charge of approving their subordinates’ vacation leave.

   3.2.3 Up to six (6) unused paid vacation days may be accrued and carried over to the following year, but must be used within the first four (4) months.

   3.2.4 Advance notice is required to go on vacation. A vacation leave of five (5) workdays or more requires that the supervisor be notified at least three (3) days in advance. Vacation can only be taken upon approval or it will be considered an absence.

   3.2.5 Line supervisors may approve their subordinates’ vacation leave based on the following leave schedule.

   This approval shall also take used leave days of each month into account.

   Formula: Number of Days Approvable = Number of Annual Leave Days – Number of Used Leave Days + Number of Carried Over Leave Days (If Any)

   3.2.6 In the event of an employment termination without being subject to Article 119, the Company shall pay wages for the termination year’s paid vacation days in proportion to the number of days to which the employee is entitled.

3.2.7 In the event that an employee resigns or the Company terminates his or her employment, regardless of Article 119, the Company shall pay wages for the remaining accrued paid vacation days.

3.3 Returning to Work before End of Leave

An employee wishing to return to work before the end of the requested leave may do so with the approval of his or her supervisor. The unused leave days will be recorded and will be at the disposal of that employee. The Company may request an employee to return to work early in a dire event or an emergency.

3.4 Temporary Replacement for Employee on Leave

It is not company policy to provide a temporary replacement for an employee on leave, except in extraordinary circumstances in which the duty of an employee on leave deserves the attention of a colleague within the same department. A replacement of this nature requires authorization from the supervisor.

3.5 Vacation in Relation to Maternity Leave

An expecting employee must inform her manager of her pregnancy immediately. Her annual paid vacation days will be reduced to six (6) workdays for the year she is on maternity leave.

Chapter 4

Overtime Work and Holiday Work

(1) Right to Overtime Wages

1.1 An employee from the assistant manager level or its equivalent level upwards who is authorized on the Company’s behalf to hire, grant rewards, reduce wages, or terminate an employment shall not be paid for working overtime, working overtime on a holiday, or working on a holiday.

1.2 Overtime wages shall be remitted only to employees working overtime with the approval of his or her manager.

(2) Overtime Wage and Holiday Pay

2.1 Overtime Wage

   2.1.1 The Company shall remit an overtime wage for overtime work done on a regular business day at the rate of 1.5 times the normal hourly wage based on the number of hours worked.

   2.1.2 The Company shall remit an overtime payment for overtime work done on a holiday at the rate of 3 times the normal hourly wage based on the number of hours worked.

2.2 Holiday Pay

   2.2.1 Employees entitled to holiday wages will be paid for the overtime work done on a holiday at the rate of 1.5 times the normal hourly wage based on the number of hours worked.

   2.2.2 Employees not entitled to holiday wages will be paid for overtime work done on a holiday at the rate of 2 times the normal hourly wage based on the number of hours worked.

(3) Overtime Wage Scale

The Company’s average of 176 work hours a month (22 days a month x 8 hours a day) is used to calculate the hourly wage for overtime work. The formula used is as follows:

Salary x Overtime Hours x Overtime Wage Rate

176

Note

Working hours      5 and 5.25 days/week

5 x 52 and 5.25 x 52 days/year

260/12 and 273/12 days/month

21.67 and 22.75 days/month

The formula used in the calculation of the hourly overtime wages is based on the assumed 22 workdays per month.

Chapter 5

Management of Salary/Wage, Overtime Pay, and Holiday Pay

(1) Salary/ Minimum Wage

The salary or wage of a new employee is jointly determined by his or her affiliated department and Human Resources. It is subject to the scope of work, qualifications, and experience of the employee.

(2) Salary/ Wage Adjustment

A salary or wage adjustment will take place in extraordinary circumstances only, such as having more responsibilities, a change in position or duty, or a promotion. It may be done for selected or all employees.

(3) Determining Salary/ Wage

The main purpose for reconsidering the salary or wage of an employee is to award the employee for his or her performance, perseverance, and skills and expertise. It is typically done annually.

(4) Salary/ Wage Payment

Salaries/ wages, overtime wages, holiday wages, and other employment payments to employees are paid in cash or via direct deposit into employees’ bank accounts at the Company’s selected bank(s) with employees’ consent. Payments are made once a month, one day before the last workday of the month.

 

Chapter 6

Rules of Taking Leave

(1) Sick Leave

1.1 Employees are entitled to as many days of sick leave as they are ill and up to 30 workdays of paid sick leave. Sick leave of three (3) consecutive days or more requires a medical certificate issued by a modern-medicine physician. If such a certificate cannot be provided, a written explanation must be submitted to the supervisor.

1.2 Sick days taken as a result of work-related accidents or illnesses are excluded from the aforementioned entitlement.

1.3 Should an employee require more than 30 workdays of sick leave within a year, whether consecutive or not, he or she will not be paid for the day(s) exceeding the limit. Should the physician conclude that an employee is unhealthy or no longer able to work, the Company may demand that the employee retire early due to medical reasons. A severance package will be provided according to the law.

(2) Leave for Sterilization

2.1 Employees are entitled to paid sterilization leave for the duration prescribed by their modern-medicine physician.

2.2 Employees must submit a company-issued leave form to their supervisors in advance and present the relevant medical certificate upon their return.

(3) Maternity leave

3.1 An expecting mother is entitled to up to 90 days of maternity leave, including holidays during that period. She is entitled to full pay for the number of days she is missing from work, up to a limit of 45 days.

3.2 An expecting mother shall submit a maternity leave request to her supervisor in due time. Should she go into labor suddenly, she may inform the company as soon as possible instead.

3.3 Leave taken due to miscarriage before the 28th week of pregnancy is considered sick leave.

3.4 Leave taken for antenatal care is considered errand leave.

3.5 In the event that an expecting mother has obtained a medical certificate from a modern-medicine physician stating that she can no longer work in the current position, she has the right to request a temporary position change before or after birth. The Company will place her in an appropriate post.

(4) Leave for Necessary Business

4.1 Compassionate & Bereavement Leave

A manager may grant three days of paid leave to an employee under his or her direct supervision on the basis of compassion, such as in the event of a death of a close family member (namely father, mother, sibling, son, daughter, or lawful spouse).

4.2 Monkhood Leave

   4.2.1 An employee may take up to four (4) months of leave to be ordained as a monk. He will receive the full pay for the duration up to a limit of 15 days. At least one month of advance notice is required.

   4.2.2 Monkhood leave may be granted only once throughout the employment and only after one full year of employment.

   4.2.3 The employee on monkhood leave must report to the Company within seven (7) days after leaving the monkhood.

4.3 Leave for Legal Obligations

An employee may be granted one to two days of paid leave to fulfill legal obligations, such as appearing in court or visiting a governmental agency, provided that the employee is either the accuser or the accused.

4.4 Other Cases of Leave

Leave for any other reasons may be granted only under special circumstances. Such leave will be unpaid.

(5) Leave for Military Service

Male employees have the right to leave for military service upon official order to assemble and train (mandatory conscription excluded). They will be paid the full normal wage throughout the leave up to a limit of 60 days a year.

(6) Leave for Training or Knowledge and Skill Development

Employees are entitled to leave for training or knowledge and skill development while receiving their normal pay.

 

Chapter 7

Discipline and Disciplinary Measures

(1) General Policies

The Company has established a set of disciplinary standards for proper behavior and conduct among coworkers. They enable smooth and efficient operations with maximum effectiveness while ensuring the safety of employees and of company assets. These standards also protect the Company’s reputation, as well as ensure progress for the Company itself and for all employees. The Company expects and hopes that employees will work and behave ethically, with discipline, respect, and obedience, as well as refrain from damaging the reputation and property of the Company. Employees must acknowledge and review company regulations regularly.

Should an employee violate company regulations or commit an offense, he or she will be subject to a hearing and the appropriate disciplinary action, depending on the case. Justice and transparency in the process or procedures are assured. The Company has established the following to govern employees’ discipline, and outlined the hearing procedure in the event that an employee has violated company regulations:

(2) General Discipline

(1) Perform your role with honesty and integrity.

(2) Dedicate yourself to work. Pay maximum attention to your work and responsibilities at all times. Do not slack off, horse around, make noise or act in any way that causes nuisance to others at work. Do not sleep during working hours.

(3) Support company policies and comply with rules, regulations, agreements, announcements, orders, and memos periodically distributed. Being unaware is not an excuse.

(4) Maintain solidarity among employees during work hours and company activities. Do not quarrel, insult, challenge, threaten, or physically assault another person on or off company premises, or on buses.

(5) Be punctual. Clock in by the time specified by your supervisor or the Company. Properly wear your company-issued uniform before arriving at and during work. The uniform must not be altered or tampered with in any way that deviates from company specifications.

(6) Perform your role diligently, whether it be your regular responsibilities or ad-hoc tasks justly and legally assigned to you by your supervisor.

(7) Strictly adhere to workplace safety regulations. Unless authorized by the Company, no persons without relevant duties shall enter a unit or department or area that is not their regular workplace.

(8) All employees are required to notify their supervisor of all work-related accidents or injuries, whether an instance has occurred to them or to another individual.

(9) Execute tasks with prudence, both your own regular duties and ad-hoc tasks assigned to you lawfully and justly by your supervisor.

(10) Always maintain tools and work equipment in operable and safe condition. Should they become defective or damaged, quickly inform your supervisor or the Company for repairs or replacements to ensure continued safety.

(11) Allow company officers or security officers to inspect you, as well as your property and vehicle, every time you enter or leave company premises or upon request.

(12) Collectively mind and safeguard company assets in offices and factories against damage or loss caused by any person or disaster to the best of your ability. Do not use company property for the benefit of your own or of another person without authorization.

(13) Help maintain the cleanliness and orderliness around the offices and factories. Dispose of waste and garbage only at designated points.

(14) Do not come to work late, miss work, abandon your duty, or leave your post, except for company business and with authorization from your supervisor.

(15) Always exercise caution while working and refrain from any action ill-suited to an employee.

(16) Do not provide false information or notification to your supervisor or the Company. Do not misclassify or misuse your leave.

(17) Do not conceal or distort the truth for the benefit of your own or of any other person.

(18) Do not engage in gambling within the premises of the Company whether during or off work hours.

(19) Do not consume alcohol within the Company’s premises or clock in while intoxicated.

(20) Do not obstruct or act in any manner that hinders the operation of the authority.

(21) Do not bring an outsider into the Company’s premises without proper authorization.

(22) Do not bring illegal drugs or dangerous weapons into the Company’s premises.

(23) Do not act in any manner that may cause damage to the Company or its reputation.

(24) Should you, as an employee of the Company, have a change of telephone number, marital status, name, or last name, or have a child, please inform Human Resources to make a record of the change within seven (7) days from the date the change took place.

(25) Do not write, draw, or post a picture; or distribute documents or prints; or put up announcements, documents, or articles within the premises of the Company without written approval.

(26) Do not smoke within prohibited areas.

(27) Do not take a photograph of the interior of a building, factory, production area, or area important to the Company.

(28) Do not organize a meeting or an assembly within the Company’s premises without written approval.

(29) Do not destroy or modify or add text or imagery to an announcement or document put up by the Company or on company asset unless authorized by the Company.

2.3 Major Offenses

The Company considers the following actions major violations of the Company’s Code of Ethics. Violation may lead to severe punitive measures or employment termination without severance pay.

(1) Stealing or misappropriating property belonging to the Company or to a coworker while on company premises.

(2) Gambling on company premises.

(3) Falsifying or fabricating evidence or reports or providing false statements to the Company.

(4) Bringing a dangerous weapon or an illegal item that constitutes a major offense onto company premises.

(5) Instigating a quarrel that leads to a physical fight or physically assaulting a coworker during work hours or on company premises, as well as during off-site company activities.

(6) Taking bribes or wrongfully accepting work-related rewards.

(7) Disclosing company secrets to an outsider, resulting in damage to the Company.

(8) Smoking in potentially dangerous areas that have been designated as no-smoking areas.

(9) Inciting, instigating, aggravating, or encouraging unrest.

(10) Inciting, instigating, partaking, or collaborating in an unlawful strike.

(3) Disciplinary Measures

In the event that an employee commits a breach of company regulations or discipline, he or she shall be subject to disciplinary action. The severity of the disciplinary measure or measures is subject to the severity of the breach. Consideration shall be given to the intent, circumstance, history of work-related contributions and good deeds, as well as benefits to the Company in the future. The violator may be subject to one or several of the following (not necessarily in the order they appear) :

3.1 Verbal reprimand

3.2 Written warning

3.3 Up to seven (7) days of unpaid suspension

3.4 Halt on salary or wage increase

3.5 Termination without severance pay

(4) Disciplinary Procedure

A supervisor overseeing a unit is in charge of disciplinary action. The investigation and review of the disciplinary breach or offense must be carried out thoroughly based on necessary and existing evidence and complete information. The accused is afforded a full opportunity to defend him- or herself with evidence. The supervisor may consult with a senior executive officer or Human Resources and make a written record of the decision or complete a form (if any), which must be approved according to the established hierarchy before informing the accused of the charge(s), who, with complete understanding of the matter, shall acknowledge it (or them) with his or her signature.

In the event that the accused has heard but refuses to acknowledge the charge(s) with his or her signature, at least two witnesses may affix their signatures instead.

4.1 A supervisor or assistant manager or equivalent level employee is authorized to carry out the measures in 3.1 and 3.2 with approval from a manager or its equivalent.

4.2 A manager or equivalent level employee is authorized to carry out the measures in 3.2 and 3.3 with support and approval from a department director or its equivalent.

4.3 A department director or equivalent level employee is authorized to carry out the measures in 3.1 to 3.5 with support and approval from the Director of Human Resources or the Managing Director.

If an employee has committed a disciplinary offense for more than 45 days without any action from the supervisor or if the evidence is inconclusive or if it is an attitudinal offense that may result in damage to the Company, the following two ad-hoc committees shall be established and approved with the signature of the Managing Director:

1. A committee of five (5), namely the director of the offender’s department and directors of related departments, not including the Director of Human Resources or its equivalent, shall review facts and bases of the offenses.

2. In the event that the first committee concludes that the offender has truly committed a breach or breaches, a secondary committee of three (3), comprising the director of the offender’s department, the Director of Human Resources or its equivalent, the Deputy Managing Director, and the Managing Director.

(5) Suspension During Investigation

When an employee is accused of violating company rules and regulations, disciplinary rules, or orders, the Company has the right to suspend the said employee during an investigation into the wrongdoing, unless the offense is undisputable, in conformity with the following procedures:

1. The employee will be issued a written suspension order in which an offense or offenses are specified.

2. Suspension may last no more than seven (7) days.

3. The employee must be notified in advance of the suspension order.

4. The Company shall pay no less than 50% of the suspended employee’s pre-suspension wage for the duration of the suspension.

5. If the accused is cleared of the charges, the Company shall pay the suspended employee’s full wage for the duration of the suspension, considering pay in 5.4 as part of the wage, with interest at the rate of 15% per annum.

 

Chapter 8

Lodging of Grievances

Comments or differences of opinion about employment condition, operation, benefits, duties, and responsibilities shall be resolved or eliminated in a timely and fair manner to ensure cooperation despite differences of opinion, fair rights and benefits, and effective operation. The Company has set the following complaint guidelines:

(1)  Scope and Meaning of Grievances

1.1 An employee’s complaint must be about comments on differences of opinion on work-related systems or methods or contractual rights or employment condition or behavior or fairness of an employee.

1.2 The complaint must not be a request to appoint, transfer, or terminate an individual.

1.3 The complaint must be work-related, not personal, unless the personal issue is work-related.

(2) Method and Steps of Dealing with Grievances

2.1 Employees wishing to submit a complaint must do so in person using the company-issued complaint form (to ensure consistency and completeness of important information) to their supervisor within seven (7) days from the date the issue took place, unless the complaint is about the conduct of that supervisor or the supervisor is the cause, in which case it must be submitted to the next level supervisor. The employee must submit a copy of the complaint to Human Resources, who will monitor its progress.

2.2 The supervisor must commence and conclude an investigation into the matter of the complaint within seven (7) days from the date on which the complaint was received.

2.3 The supervisor must inform the complainant verbally or in writing of the investigation’s conclusion. Verbal communication, nonetheless, must be recorded in writing with the complainant’s signature affixed. The conclusion shall also be submitted to Human Resources, who will provide a summary of it to senior executive officers for review.

(3) Investigation and Consideration of Grievances

3.1 If the complainant is not satisfied with the conclusion of the supervisor, he or she has the right to appeal the decision by escalating it to an executive officer within seven (7) days (using the company-issued form) from the date on which he or she received the primary decision.

3.2 The executive officer must investigate the facts (if any) further and conclude the matter within seven (7) days from the date on which the appeal was received.

3.3 The executive officer must inform the complainant verbally or in writing of his or her conclusion. Verbal communication, nonetheless, must be recorded in writing with the complainant’s signature affixed.

3.4 The explanation or decision or conclusion of an executive officer is final.

(4) Procedures for Settlement of Grievances

4.1 All complaints will be considered with fairness.

4.2 Complainants will not be subject to retaliation, including mistreatment, transfer, or punitive action, unless the complaint has been made mendaciously.

4.3 Employees who serve as witnesses or collaborate with the investigation will be protected from retaliation, including mistreatment, transfer, and punitive action. Testimony provided with bias or intent to incriminate or slander or refusal to collaborate with the investigation will exempt employees from the non-retaliation clause. The investigation may be executed by employees at the supervisorial or managerial levels or committees established by the Company.

Chapter 9

Termination of Employment

 (1) Death

In the event of a death, the Company shall pay any pending salaries or wages to the rightful heir of the deceased.

 (2) Resignation

2.1 Employees on probation shall submit a resignation letter to their supervisor at least one payment cycle in advance. The resignation is only effective once approval has been granted.

2.2 Full-time employees, having successfully completed their probation, shall submit a resignation letter to their supervisor at least 30 days in advance. Only with approval shall the resignation become effective.

 (3) Termination of Employment

Termination of employment refers to the moment when an individual’s status as an employee at the Company ends. Causes of employment termination include lack of qualifications, inappropriate behavior, department dissolution, business dissolution, retirement, end of contract, or violation of rules or regulations.

The Company shall inform terminated employees of the reason(s) and termination date at least one wage payment cycle in advance. In the event that an employee has committed a major offense, employment termination can take effect immediately without the need to give a reason.

Severance payment may be given in lieu of advance notice.

(4) Retirement

To better conform with company policy on human resource management, the Company has issued the following retirement guidelines:

   1. Employees whose employment began on January 1, 2014 onwards, shall retire at the age of 60.

   2. Employees whose employment began before January 1, 2014, may request to retire under the following circumstances:

      2.1 At the age of 55; or

      2.2 At the age of 55 with continuation of employment under a hire contract for the next two (2) years; or

      2.3 At the age of 60.

   3. Employees who choose to retire according to 2.1 and 2.3 shall submit a written request, using the company-issued form, before reaching the age of 52.​

   4. Employees who choose to retire according to 2.2 shall continue their employment with the same salary or wage and benefits, but with the Provident Fund contributions from the Company.

Chapter 10

Severance Pay and Special Severance Pay

(1) Severance Pay

1.1     If the employee has worked for an uninterrupted period of one hundred and twenty days but less than one year, he or she shall be entitled to receive payment of his or her salary or the last rate of Wages for thirty days.

1.2     If the employee has worked for an uninterrupted period of one year but less than three years, he or she shall be entitled to receive payment of his or her salary or the last rate of Wages for ninety days.

1.3     If the Employee has worked for an uninterrupted period of three years but less than six years, he or she shall be entitled to receive payment of his or her salary or the last rate of Wages for one hundred and eighty days.

1.4     If the Employee has worked for an uninterrupted period of six years but less than ten years, he or she shall be entitled to receive payment of his or her salary or the last rate. of Wages for two hundred and forty days.

1.5     If the employee has worked for an uninterrupted period of ten years or more, he or she shall be entitled to receive payment of his or her salary or the last rate of Wages for three hundred days.

(2) Exceptions for Severance Pay     

2.1 An employer may not pay severance pay to an employee when employment is terminated upon any of the following conditions:

   2.1.1 Performing his/her duty dishonestly or intentionally committing a criminal offense against the Employer;

   2.1.2 Willfully causing damage to the Employer;

   2.1.3 Committing negligent acts causing serious damage to the Employer;

   2.1.4 Violating work rules, regulations or orders of the Employer which are lawful and just, and after written warning having been given by the Employer, except for a serious case with no requirement for the Employer to give warning. The written warning shall be valid for not exceeding one year from the date when the employee commits the offense;

   2.1.5 Having abandoned post for three (3) consecutive days, regardless of holidays, without just cause.

   2.1.6 Having imprisonment as the verdict of the final judgment, unless the offense was committed due to negligence or the offense was a petty offense that caused damage to the Company.

2.2 The Company will not provide severance payments to contracted employees hired for a project with a predetermined duration and not for its usual business operation or trade; or for an occasional project with a predetermined end date or termination upon completion; or for a seasonal project during that season. The following conditions must also be met: the work must be completed within two years; a written record must be provided at the moment of employment; and termination must take place at the end of the duration stated in the contract.

(3) Termination of Employment as a Result of Reorganization

Whereas an Employer contemplates termination of employment as a result of the reorganization of an undertaking, production line, sale or service due to the adoption of machinery or the change of machinery or technology which causes a reduction of the number of employees. The employer shall comply with the following.

3.1 The Employer shall notify the employees in advance of not less than sixty days before the date of contemplated termination, giving the date of the contemplated termination, the reasons for termination. The employer shall pay the special severance pay in lieu of advance notice of the last rate of wages for sixty days.

3.2 Employees who have worked for at least six (6) consecutive years or more are entitled to an additional severance payment, in addition to the payment in (1), equal to the last 15 days’ salary or wage per one year of work. This pay, however, shall not exceed the last rate of 360 days.

3.3 Employees who have worked for more than 180 days shall be considered as having worked for one full year for ease of severance pay calculations.

(4) Relocation of an Establishment to another Place

Where an Employer relocates an establishment to another place and the relocation significantly affects the ordinary way of living of an employee or his/her family, the employer shall comply with the following;

   1. The Employer shall inform the employee in advance of not less than thirty days before the date of relocation. In case the employer is unable to acknowledge or notify the employee of the relocation thirty days in advance, the employer will pay the special severance pay in lieu of advance notice to the employee at the last rate of wages for thirty days.

The employee can file a complaint to the Labor Welfare Committee within thirty days from the date of relocation to consider whether the employee is entitled to special severance pay in lieu of advance notice or whether the employee has a right to terminate a contract of employment or not.