DISCIPLINE AND DISCIPLINARY ACTION
Goal and Objectives
The disciplinary action is formulated to ensure disciplines for the smooth operation of the Company, to prevent violations of the Company’s rules and regulations, to correct and improve behaviour and performance, and to enhance the relationship and understanding of supervisors and subordinates in carrying out their roles and duties of the Company.
In principle, the Company will give opportunity to an employee to correct and improve himself before being terminated. However, in case of serious offence, the employee who has violated the Company’s rules and regulation will be terminated immediately. The followings are disciplinary actions that can be taken.
- Verbal warning
- Written warning (valid for one year)
- Suspension without pay (maximum 7 days)
- Termination
Therefore, every employee should respect and obey their superiors and comply strictly with the rules and regulations. The Company expects that all employees will follow and put in their best effort to comply with the rules.
Once the disciplinary action is taken, employees should not excuse that they do not know the rules, regulations or announcements issued by the Company. In case an employee is suspended from work due to the investigation, the period of suspension will not exceed 7 days and the employee will be paid with only 50 percent of the wage of working day received by that employee. All terminations of employment as a result of violating the Company’s Rules & Regulations (without written warning in the case of a serious breach) will be without severance pay. Employees should follow, ask or learn to understand the Company's rules, regulations or announcements thoroughly and correctly.
Compliance and Working Standard
Every employee should comply with the following working standards:
a) Wear the Company uniform and use safety equipment provided by the Company when come to work.
b) Keep the working time schedule, punch or swipe the time card and wear the employee identity card all the time while being in the Company’s precinct.
c) Perform duties honestly, diligently and sincerely, including put the best effort on executing the assignment.
d) Follow the instructions and recommendations of the superiors, including respecting them.
e) Keep and comply with the Company’s rules and regulations strictly.
f) Maintain the Company's properties under the employee’s responsibility and maintain cleanliness and peacefulness in working areas.
g) Create good relationship and co-operation among the fellow workers and colleagues.
h) Avoid libel, provocation, quarrel or disunity among workers and colleagues.
i) Do not disclose any confidential information of the Company to others, particularly salary.
j) Do not take the Company's documents or information produced or made available during working for the Company for the employee's personal benefit or use without advanced approval by the Company
Discipline and Light Punishment
For this category of violations, the punishment can be from verbal to written warning.
a) Take sick leave or absent from work frequently, especially before and after holidays or payday with or without proper reasons.
b) Always perform work slowly, and perform duties without intention.
c) Leave without approval from the supervisors except in an urgent situation that the employee is unable to give notice.
d) Cancel or disobey the overtime work or holiday work after having agreed with the supervisors without proper reasons.
e) Draw or mark on the walls, in the toilets or other places.
f) Stop working before the working hour is over without approval.
g) Neglect, refuse or disobey the orders or duties assigned by the Company except that such duties are harmful to the employees.
h) Neglect to treat the subordinates who are absent from work or neglect their duties by not punishing or reporting to the higher rank superiors.
i) Sleep during performing duties.
j) Act, speak, write or draw on purpose so as to be rude, to intimidate others in the office or the Company precinct which causes hatred and damage to them.
k) Do not maintain cleanliness in the working area.
l) Do not wear the employee identification card to work and not punch or swipe the time card.
m) Do not wear the Company uniform to work as required.
n) Come to work late regularly.
o) Come to or be in the Company precinct beyond the office hours without approval for overtime work or holiday work.
p) Any acts that are deemed necessary for light punishment as decided by the superiors.
Discipline and Medium Punishment
For this category of violations, the punishment can be from written warning to suspension.
a) Trade, sell merchandises or perform personal business in the Company without approval from the Company.
b) Utilise Company's tools or transportation for personal benefits without approval; or use Company's properties intentionally for self-benefit or negligently.
c) Threaten to harm or to scare off or exert pressure to other employees to do, to avoid or not to do activities, so as to cause damage to the production process, e.g. materials, equipment. Also, show hostility to other employees.
d) Bring or consume alcohol in the factory precinct and working area during or beyond working hours, except that for the Company’ party which permission is given or for activities concerning the Company’s work.
e) Notify or report falsely, or falsify information on taking leave.
f) Write texts, cover, unbind, destroy, damage, change or add statement in the announcement of the Company.
g) Make and post own announcements without approval by the Company.
h) Disobey, avoid, resist or neglect the rules, announcements, regulations, employment agreement or the Company's orders, including the supervisor's lawful and legitimate orders.
i) Work on any other business or own benefits besides the Company's during the working hours.
j) Enter into the restricted area without concerned duties or approval.
k) Do not comply with the Company’s safety regulations, or not co-operate with the security guard or the assigned person on searching before entering and leaving the Company.
l) Abandon, neglect or avoid work or absent from work without appropriate reasons or supervisor's approval.
m) Act or speak impolitely to the Company's clients, supervisors or subordinates.
n) Act or slander concerning the Company or its product.
o) Possess or fabricate the Company's keys including bringing the skeleton keys or any tools for forcing open the door into the Company's precinct without approval.
p) Post or distribute publishing, leaflets or announcement in the Company's precinct without approval.
q) Abandon duty or absent from work without appropriate reasons, or fail to notify the Company for leave or absence of 1 to less than 3 working days.
r) Negligently or carelessly cause minor damage to the Company’s properties.
s) Any act that warrants a medium punishment as decided by the supervisors.
Discipline and Strong Punishment
For this category of violations, the punishment can be from suspension to termination. If it is termination, under the Labour Protection Act, Section 119, there will be no severance pay.
a) Smoke in the non-smoking or dangerous area.
b) Consume narcotics, and be drunk during on duty or while being in the Company’s precinct without approval.
c) Intentionally cause serious damage to the Company's tools, equipment or properties.
d) Utilise the position or responsibilities to gain benefit, solicit and/or accept benefits or gifts from other companies who conduct business with the Company; or do not execute the assignment which will cause damage or reduce the Company's benefit.
e) Perform any activity, which will ruin the reputation or properties of the Company or of the colleagues within the area of factory, intentionally or
negligently.
f) Punch or swipe time card for others or vice versa.
g) Provoke fighting, beating or injure other employees, irrespective of unilateral act or quarrel, regardless of causing injury, including joining with others to harm other employees.
h) Testify or report false information to the superiors, the interrogator or investigator or conceal the truth, which should be revealed.
Discipline and Extreme Punishment
For this category of violations, the punishment will be termination.
a) Use the power vested in the position dishonestly for the personal benefit or others; solicit, accept or agree to accept commission or any benefits from others.
b) Stealing or defalcating the Company's or others' property in the Company's precinct.
c) Disclose any Company's information which should be covered and cause damage to the Company.
d) Assume the Company's name, brand or commercial trademark for personal business or trading or making personal benefits.
e) Be partner, work, participate or hold a position of other organisation with similarity, likeness, competition or conflict of interest, unless prior written approval is obtained from the Company.
f) Possess or consume illegal drugs both inside and outside the Company.
g) Provoke fighting, beating or injure other employees, irrespective of unilateral act or quarrel, regardless of causing injury, including joining with others to harm other employees.
h) Spread news to slander others that cause conflict or misunderstanding among employees.
i) Behave awfully to be nauseated by the society, be a rogue or debauchee, or commit against the peacefulness and moral.
j) Bring explosives or dreadful arms to the Company.
k) Forge the Company's documents or present fabricated documents to the Company.
l) Act against employment condition agreement, delay the work, desert duty or absent from work illegally.
m) Provoke other employees to assemble in the Company or working area without approval.
n) Any other offences that the Company considers necessary to be punished by this punishment.
o) Any act that warrants an extreme punishment by the managers.
Termination without Severance Pay
When employees violate the following conditions, under the Labour Protection Act Section 119, the Company will not pay the severance pay:
a) Perform his duties dishonestly, or commit a criminal offence.
b) Intentionally cause damage to the employer.
c) Negligently cause serious damage to the employer.
d) Violate the working rules or regulations or orders of the employer which are lawful and legitimate, and a written warning has previously been given by the employer, with the exception that in a serious case, the employer is not required to give warning.
e) Neglect duty for three consecutive working days without reasonable cause, regardless of the holidays during such period.
f) Be imprisoned by a final judgement of imprisonment with exception of penalty for negligent or petty offences or, in the opinion of the Company, not causing any loss or damage to the Company.
Interpretation of Punishment
Disciplines and punishments stated in Clause 10.3, 10.4, 10.5 and 10.6 are only a guideline for employees to comply. The Company is unable to prescribe all disciplines to cover all aspects of performance. Therefore, any acts, which by traditional customs and common senses are considered to be offences or fault, impracticable in the office or community will be deemed as offence against the discipline stated herein. In case the employees commit offences that are not defined by any clauses above, the manager will compare with the above clauses and apply the closest one.
Disciplinary Action
The Company prescribes that the supervisors have duty to control and supervise their subordinate’s performance. When they offend the regulation, the supervisor should practice as follows:
Verbal Warning
The staff at the level of Foreman/Supervisor and above will give verbal warning on the form provided by the Administration Department to the department manager for approval and signature and to the offender to sign for acknowledgement and then delivered one copy to the Administration Department.
Written warning
The concerned department will handle the procedure. The staff at the level of Foreman/Supervisor will submit the warning letter on the form provided by the Administration Department to the department manager for approval and signature and to the offender to sign for acknowledgement and deliver one copy to the Administration Department. To issue a written warning, the department may inform or consult the Administration Department in advance, for considering the offence.
More Serious Punishment
For the punishment which is more serious than written warning, the concerned department will work together with the Administration Department on the matter. The department manager will report the offence to the Administration Department and handle it with the advice from the Administration Department.