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EMPLOYEE’S HANDBOOK OUR VISION Our VISION is to become the No. 1 Construction Company in the Philippines OUR MISSION Our MISSION is to professionalize the building construction industry regardless of scale. THE CORE VALUES Honesty – Truth in everything. Reliability – timely delivery of commitments to clients and co-workers. Quality – Products delivered are based on acceptable and current industry practice. Excellence – The relentless pursuit for improvement. Unity – different personalities working together towards achieving a common goal.

Employee’s Handbook Revised by Atty. Jai

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Page 1: Employee’s Handbook Revised by Atty. Jai

EMPLOYEE’S HANDBOOK

OUR VISION

Our VISION is to become the No. 1 Construction Company in the Philippines

OUR MISSION

Our MISSION is to professionalize the building construction industry regardless of scale.

THE CORE VALUES

Honesty – Truth in everything.

Reliability – timely delivery of commitments to clients and co-workers.

Quality – Products delivered are based on acceptable and current industry practice.

Excellence – The relentless pursuit for improvement.

Unity – different personalities working together towards achieving a common goal.

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TITLE I RECRUITMENT POLICY

Section 1. Policy - The policy on recruitment shall be to offer employment to all qualified applicants regardless of the individual’s gender, color and religion.

Section 2. Employment Qualifications -The Company shall hire the most qualified personal, who have the necessary skills, experience and attitude towards work and the capacity to perform the designated job for the Company.

A duly approved Personnel Requisition From shall be accomplished prior to hiring of personnel, whether for replacement or newly created positions.

Section 3. Test Administration and Interviews - Tests will be administered for staff and supervisory positions.

In-depth interview shall be conducted by the Human Resources (HR) Officer, requisitioning Manager or Head, and the President (if necessary) to determine the candidate’s suitability for the job.

Section 4. Pre-Employment Requirements & Pre-Employment Medical Examination - All candidates are required to pass the pre-employment medical examination to be conducted at our accredited clinic.

The newly hired, unless specially exempted by Management, shall, likewise, submit the following pre-employment requirements:

1. Transcript of Records (for highest level of education attained);

2. Diploma (for highest level of education attained);

3. Original Resume with picture;4. Original NBI Clearance for local employment

(must have been issued within five [5] months from date application);

5. Certificate of Birth;6. Marriage Certificate (if married);7. Recent Community Tax Certificate;8. SSS Number;9. TIN;10. Philhealth Number;

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11. Pag-Ibig Number;12. Pictures (2” x 2” [4 pcs]; 1” X 1” [4 pcs.]);13. Certificate of Previous Employment;14. ITR (BIR Form 2316);15. Directional House Sketch with reference point

from Head Office.16. Complete Medical Examination with result and

interpretation; and17. Photocopy of two (2) valid ID’s.

Section 5. Reference Check - All applicants considered for the vacant positions shall be subject to background investigation prior to hiring. Additional checks may be conducted during the probationary period as an added pre-requisite to his/her performance evaluation.Section 6. Job Offer and Appointment Letter - The Human Resource Department (HRD) shall facilitate the preparation of Job Offer and Appointment Letters.

Section 7. Transferability of Employees - All employees should be hired with the understanding that the Company may transfer them to any location where the company operates its business or any new job or positions where the employee can contribute his/her services in line with the company’s requirements or when the need arises.

Section 8. Personnel Records Management - All personnel records of employees must be maintained and updated by the HRD. It will, however, be the duly and responsibility of every employee to promptly update the HRD with changes in their individual status and other vital information.

All personnel records are considered confidential, unauthorized access to these files will be a reason for disciplinary action or immediate termination.

TITLE II EMPLOYMENT STATUS

Section 9. Probationary Employee - One hired by the Company as a new employee on a probationary basis. A probationary employee is required to serve a probationary period usually a period of Six (6) months during and after which his services and performance are assessed in order to determine whether or not he qualifies as a regular employee.

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During your probationary employment, you will be observed very closely on your work performance, attitude, relationship and capacity to learn. On the third (3rd) and fifth (5th) month on your job, you will be appraised by your immediate supervisor and/or your department head. Your strong points as well as your weak points shall be discussed with you by your immediate supervisor and/or Department, who will inform you of your rating. Should the appraisal of your performance fall below par during your probationary employment, your Department Head will send in a recommendation for non - regularization. On the other hand, if you meet the expectations of the Company, you shall be recomended for regular status upon the expiration of your probationary period. Appraisal reports shall be submitted to the Management for review and approval.

It is essential for a probationary employee to obtain an evaluation rating of at least “Meet Expectations (ME)” in his perfromance evaluations in order for him/her to be allowed to continue with his/her probationary employment (for the 3rd month evaluation) or be considered for regularization (for the 5th month evaluation).

Section 10. Regular Employee - An employee who has completed at least six (6) months probationary status and has been evaluated by his Department Head as qualified for a permanent position in the Company and which is duly approved by the Management.

In the course of your employment, your over-all work performance shall be appraised based on several factors depending on your level, supervisory or non - supervisory. Said performace appraisal shall be conduacted primarily to assess an employee’s performance versus your assigned tasks, duties and responsilbilities or should be eligible for merit recogniton. This appraisal will likewise bring out individual weaknesses or faults which may have to be corrected. Your immediate supervisor or your Department Head will discuss with you the results of the appraisal in order for you to know your standing in the organization.

Section 11. Contractual/Project-Based Employee - One hired for a definite term to perform work connected with a specific project or to address sudden exigencies in the Company that require extra manpower. Such employee retains his contractual status until the project for which he is hired shall be completed, regardless of the time required to finish the same, or until the expiration of the term for which

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he has been hired.

The employment of a contractual or project-based employee ceases after the completion of the project he has been assigned to perform work in connection with or upon the expiration of the term for which he has been hired, which ever comes first.

TITLE III. CONFIDENTIALITY AND SPECIAL RELATIONS

Section 12. Policies on confidentiality and on conflict of interests - The Company does not wish to interfere with your personal affairs or limit your outside activities. However, it is not in favor of its employees working in other jobs as this affects an employee’s efficiency. Employees of the Company are, thus not allowed at any time during their employment to engage directly or indirectly in any business or trade or in any activity which is prejudicial to the interest of the company, or which will interfere with the performance of your jobs, whether within or outside or working hours, without the prior consent of Management. Further, all employees hired by the Company are expected to observe strict confidentiality on the information acquired during the period of their employment. A breach of this confidence will be just cause for the termination of employmeny without prejudice to any action by the Company to fully protects its rights.

Section 13. Employee Relations - There will be occasions when problems or misunderstandings with your co-employees may cause you worry or anger. We do not want these to affect you or the quality of your work, but this may happen if you keep such problems to yourself.

Whenever you are face with such problems, personal or otherwise, discuss them with your immediate supervisor first and then with your Department Head, and/or with the HRD. They are willing and happy to be of assistance to you and you will always find an open door. Suggestions and constructive criticisms are welcome and you are invited to discuss such suggestions with them.

Section 14. Special Relationships/Blood Relations - Although the Company does not discriminate the employment of relatives of present employees, it is the policy of the company not to hire relatives of employees up to 4th degree of consanguinity of affinity regardless of the employment status without the prior approval or exemption of the

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Management.

In case of marriages between two (2) employees, one of them should resign, if by virtue of the positions hold conflict of interest.

Intimate personal relationships shall also be discouraged among co-employees of the Company, notwhitstanding, the lack of any legal impediment to maintain such relationship. Such personal relationships are to ensure that employees shall at all times deal with fellow employees in an atmosphere of utmost professionalism withour any distraction from or motivation for intimate sentiments.

The foregoing notwithstanding, it is the aim of the Company to promote, at all levels, the maintenance of a harmonious environment, consistent with the values of team building and unity as a means toward achieving greater efficiency and professionalism, among all employees of the Company.

TITLE IV. LABOR STANDARDS

Section 15. Normal Hours of Work - The normal hours of work of any employee shall not exceed eight (8) hours a day (article 83, Labor code), for six (6) days a week.

Exception: health personnel who hold regular office hours for eight (8) hours a day, for five (5) days a week. (2nd paragraph, article 83 Labor code)

Section 16. Meaning of Hours Worked - Hours worked shall include (a) all the time which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work (article 84 Labor code)

Hours worked are those hours spent by an employee which is payable by the employer. Our Labor code explains that the hours we spent when we are in duty or at our office and even those hours spent outside the office premises as long as we are permitted or suffered to work are payable.

Section 17. Short breaks and lunch break - Rest periods of short duration during working hours shall be counted as hours worked. (2nd

paragraph article 84 Labor code)

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It shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. (article 85 Labor Code).

The one hour meal period is not compensable hours worked and it is not included on the normal eight (8) hours working time. Section 18. WAGES

.

Section 19. Overtime Pay - Overtime pay is an additional compensation paid on work performed beyond eight hours. For regular working days the overtime pay shall be 25% of the regular wage. Overtime during rest day or a holiday is 30% of the regular wage for that rest day or holiday.

Section 20. Night shift differential - This refers to the additional compensation of ten percent (10%) of an employee’s regular wage for each hour of work performed between 10 pm to 6 am.

Section 21. Holiday Pay - Holiday pay refers to the payment of regular daily wage for any unworked regular holiday.

New Year’s Day (January 1) Maundy Thursday (March 28) Good Friday (March 29) Araw ng Kagitingan (April 9) Labor Day (May 1) Independence Day (June 12) National Heroes Day (August 26) Bonifacio Day (November 30) Christmas Day (December 25) Rizal Day (December 30) Eidl Fitr (movable) Eidl Adha (Movable)

The company observes the above-mentioned regular holidays, subject to the provisions of Republic Act No. 9492 and other pertinent laws and proclamations.

Section 22. Special (Non-working) Days - The special non-working days declared under Proclamation No. 459 are:

Black Saturday (March 30)

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Ninoy Aquino Day (August 21) All Saints Day (November 1) Additional Special Non-working days

November 2December 24

Last Day of the Year (December 31)

What is the difference between the regular holidays and special non-working days?

If an employee did not report to work on a special non-working day, such employee is not entitled to his regular wage that day unlike in a regular holiday. The reason is that under special non-working days, we follow the principle “no work, no pay” rule

If an employee comes to work on any given special non-working day, he is entitled to be paid his regular wage plus 30% (as premium pay) therefore a total of 130%. In a regular holiday, if an employee comes to work he is entitled to 200%.

The company shall also observe all days declared by the appropriate authorities to be “Special Holidays” whenever applicable.

Section 23. 13th month pay - All employers are required to pay their rank and file employees 13th month pay regardless of the nature of their employment and irrespective of the methods by which their wages are paid, provided they worked for at least one (1) month during a calendar year. The 13th month pay should be given not later than December 24 of every year.

Section 24. Service incentive leave (SIL) - Every employee who has rendered at least one (1) year of service is entitled to service incentive leave for five (5) days with pay.

Section 25. Maternity Leave - This benefit applies to all female employees, whether married or unmarried.

Every pregnant employee in the private sector, whether married or unmarried, is entitled to maternity leave benefit of sixty (60) days in case of normal delivery or miscarriage, or seventy-eight (78) days, in case of Caesarian section delivery, with benefits equivalent to one hundred percent (100%) of the average daily salary credit of the employee as defined under the law.

To be entitled to the maternity leave benefit, a female employee should be an SSS member employed at the time of her delivery or

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miscarriage; she must have given the required notification to the SSS through her employer; and her employer must have paid at least three monthly contributions to the SSS within the twelve-month period immediately before the date of the contingency (i.e., childbirth or miscarriage).

The maternity leave benefit, like other benefits granted by the Social Security System (SSS), is granted to employees in lieu of wages. Thus, this may not be included in computing the employee’s thirteenth-month pay for the calendar year.

Section 26. Paternity Leave (RA 8187) - Paternity Leave is granted to all married male employees in the private sector, regardless of their employment status (e.g., probationary, regular, contractual, project basis). The purpose of this benefit is to allow the husband to lend support to his wife during her period of recovery and/or in nursing her newborn child.

Government employees are also entitled to the paternity leave benefit. They shall be governed by the Civil Service rules.

Paternity leave benefit shall apply to the first four (4) deliveries of the employee’s lawful wife with whom he is cohabiting. For this purpose, “cohabiting” means the obligation of the husband and wife to live together.

If the spouses are not physically living together because of the workstation or occupation, the male employee is still entitled to the paternity leave benefit.

The paternity leave shall be for seven (7) calendar days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his pay shall not be less than the mandated minimum wage.

Usage of the paternity leave shall be after the delivery, without prejudice to an employer’s policy of allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (7) calendar days for each covered delivery.

What are the conditions to be entitled?

A married male employee shall be entitled to paternity leave benefit provided that he has met the following conditions:

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1. He is an employee at the time of the delivery of his child;

2. He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;

3. He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement; and

4. His wife has given birth or suffered a miscarriage.

TITLE V. OFFICE RULES AND CODE OF DISCIPLINE

IX. WORKING DAYS AND HOURS

The normal business hours of the Company is from 9:00 am to 6:00 pm from Monday to Friday and 8:00am to 12:00nn on Saturdays every week. Any employee who comes if after 9:00 am shall be considered tardy for work, unless his/her tardiness is authorized and/or excused by the Management. No grace period shall be afforded.

Employees are entitled to a one (1) hour lunch break from 12:00nn to 1:00 pm and a coffee or merienda break from 3:00 pm to 3:20 pm.

Changes and deviationssin work schedules/hours may be necessary and cannot be avoided due to certain causes such as leaves of absences, business exigencies and emergencies. We expect that when changes occur, you will understand and be cooperative.

XI. PUNCTUALITY AND ATTENDANCE

We put emphasis on punctuality and attendance. All employees are expected to come in before reporting time and time-out after completing their tasks using the Company’s Bundy Clock Device.

Attendance and tardiness records are filled in your personnel folder and these items are notable during your performance appraisals.

Punctuality, of course, also means more than just coming to the office on time, it means observing proper break times and using of company time productively.

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If you are unable to report for work or will need to leave the office before the end of the work day due to a justifiable reason, you must inform and secure approval from your immediate supervisor, Head or the HRD. For these instances, the Company has provided official leaves such as vacation, emergency and sick leaves. Notice of such action will help your superior make necessary adjustment to ensure completion of tasks.

A. Timekeeping

Each employee has an exclusive timekeeping record. Unless otherwise validly exempted by the Management, everyone is required to register his/her attendance (in and out) using the Company’s Bundy Clock device.

Employees, who fail or are unable to time-in and/or time-out for the day due to their performance of official business outside the Company premises, shall be considered absent unless they submit an Official Business Slip (OB Slips) duly approved by their immediate supervisor or Head detailing the work they had to attend to outside the Company premises.

Employees, who reported for work at the Company premises but for some reason failed to time-in or time-out for the day, shall, likewise, be considered absent unless they submit a Time Adjustment Form, duly approved by their immediate supervisor or Head, detailing the work they had to attend to outside the Company premises.

Printed employee Daily Time Records (DTR) routed for checking or verification before every salary cut-off, OB slips, and Time Adjustment Forms must be returned of submitted to the HRD on or before the 12th day (for the 15th salary cut-off) and 27th day (for the 30th or end of month salary cut-off) of the month. Your printed DTR shall be assumed to correct and a faithful record of your attendance if you fail to submit or return the same to the HRD, together with related OB Slips and Time Adjustment Forms, on or before the abovementioned deadlines.

B. Tardiness, Undertime and Absences 1. Tardiness

Tardiness means coming to work past the official starting time of business of the Company up to a maximum of two (2) hours after said starting time. Coming to work after (2) hours of the official start of business hours of the Company shall be considered as a half-day absence.

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Tardiness may either be excused or unexcused. It shall be considered excused if caused by circumstances entirely beyond an employee’s control like the occurrence of natural calamities, which the Management may decide to be excused. 2. Undertime

Undertime means leaving the workplace and/or company premises prior to the official knock-off or quitting time. Undertime may be approved only when a concerned employee wants to time-out before the official quitting time. Undertime beyond two (2) hours will be treated as a halfday absence. All undertime request must be covered by a duly approved Leave Form, which should be submitted to the HRD prior to going on undertime. If you are going on undertime, you must also time-out for actual recording of the you left the Company premises.

3. Absence

Absence means failure to report for work for any cause whatsoever. It may be excused or unexcused depending upon the circumtances. Any absence without prior approval of the supervisor or the Department Head of an employee shall be considered unexcused and, therefore, subject to disciplinary action.

Kinds:

a. Leave

An absence that is duly approved and/or excused and duly applied for through proper process observed by the Company. They may be paid or unpaid leaves.

As a general rule, prior permission is required for all employees who will be unable to report for work. If you, for a justifiable reason, will be unable to report for work, you are requred to fill up an Application for Leave of Absence form in advance (except in some justified cases) and secure the approval from your immediate Supervisor of Department Head and have the same be verified by the HRD. Violation of this rule is ground for disciplinary action.

Consecutive vacation and/or unpaid leaves may be granted only for a maximum period of five (5) days. If additional time is needed by an employee, he/she may

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submit a request for leave extension to be considered by the Management on a “case to case basis”.

In case of emergencies and/or sickness, the application for sick or leave of absence should be filed immediately upon returning to work.

Application for Leave of Absence forms are available with the HRD Officer.

Types of Leaves:

I. Sick Leave (SL) - For every calendar year of service rendered, a regular employee shall earn ten (10) working days paid sick leave. Sick leaves are non-cumulative and shall be earned on a calendar year basis. Unused sick leaves at the end of the year shall be forfeited and are not convertible to cash.

In order that an application for a sick leave be allowed, an employee is required to inform his/her immediate supervisor or Department Head of his/her illness within two (2) hours before the start of work on the first day of his/her ailment; otherwise, this will warrant denial of his/her sick leave benefit and the absence is shall the be treated as Absence Without Official Leave (AWOL). A medical certificate shall be required for sick leaves of more than two (2) days, which, otherwise, would result to absence without pay and/or AWOL.

II. Vacation Leave (VL) - For every calendar year of service rendered, a regular employee shall earn ten(10) working days paid vacation leave. Vacation leave are non-cumulative and shall be earned on a calendar year basis. Unused vacation leaves at the end of the year shall be forfeited and are not convertible to cash.

Application for vacation leaves must be filled at least two (2) days before availment. The Company may determine the schedule of an employee’s vacation or deny an application for a vacation leave with due consideration to the operational need of his/her Department and that of other Departments.

III. Unpaid Leave - A leave that in authorized and/or duly approved, but without pay. This is usually the leave granted to contract/project-based or probationary employees, and to regular employees who have already exhausted their paid leave benefits.

IV. Maternity Leave - A paid leave granted to a female

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pregnant employee whose Social Security System (SSS) monthly contribution has been paid by the Company for at least three (3) months during the twelve (12)-month period preceding the semester of her childbirth or miscarriage. The Company recognizes that all female employees on the family way, whether married or unmarried are entitled to Maternity Leave Benefits, which is granted by the Social Security System (SSS). A female employee shall be granted a maternity leave of sity (60) days with pay in case of normal delivery or a maternity leave of seventy-eight (78) days with pay in case of caesarean delivery.

Employees that shall be availing of their maternity leaves should coordinate with the HRD for the coordinate and processing of their said benefits with the SSS.

V. Paternity Leave - A seven (7)-day paid leave granted to a regular married male employee whose wife, who he is cohabiting with, has given birth or suffers a miscarriage; provided that, said leave will only be granted for the first four (4) deliveries or miscarriage of the legitimate spouse of the married male employee availing of said leave. To avail of the paternity leave, a married regular male employee must duly notify the HRD of the pregnancy of his wife and her expected date of delivery. He must also submit a copy of his and his wife’s marriage certificate and the birth certificate of the newly-born child, or, in the case of a miscarriage, the death or medical certificate attesting to the fact of miscarriage, which should be duly signed by the attending physician or midwife showing the actual date of childbirth or miscarriage.

Paternity leave benefits are not convertible to cash and this benefit shall be availed not later than sixty (60) days after date of delivery or miscarriage.

VI. Bereavement Leae - A paid time-off granted to a regular employee in the event of the death of a member of his/her immediate family member. For purposes of said leave, “immediate family” shall be taken to cover only the following: spouse, child, parent, sister, brother, grandparent, grandchild, mother-in-law and father-in-law.

Bereavement leaves shall be for a period of not more than three (3) consecutive days.

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b. Absence Without Official Leave (AWOL)

An absence that is not approved and/or excused. Such absences are subject to disciplinary action.

XII. PAYMENT OF SALARY

A. Salary Distribution

Employees are paid every 15th and end of the month:Days Covered Date of Release of Employee

Salary26th day to the 10th day of the month

15th day of the month(15th day salary distribution)

11th day to the 25th day of the month

30th day of the month, except for the month of Febuary wherein the salary shall be released on the last day of said month (end of the month salary distribution)

If the set pay day(s) of any month shall fall on a Saturday, Sunday or a Holiday, the salary for the period covered shall be released and paid on the immediately preceding business day.

B. Salary Deductions

Benefit/Deductible Date of Deduction

SSS Contribution 15th day of salary distribution

HMDF (Pag-IBIG) Contribution 15th day of salary distribution

Philhealth Contribution 15th day of salary distribution

SSS Loan End of the month salary distribution

HMDF Loan End of the month salary distribution

Withholding tax 15th day and end of the month salary distribution

Other (i.e. Uniform payment, etc.) Depending on arrangement with the Compny

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XIII. VISITORS

Unless, otherwise allowed by Management, employees are not allowed to receive personal visitors at their respective places of work. In cases of extreme necessity, however, the HRD will have your visitor, and you, in turn, shall seek the permission of your immediate supervisor or Department Head to leave your work area and attend to your visitor.

XIV. UNAUTHORIZED SELLING, SOLICITATION AND DISTRIBUTION

You are required to contribute your maximum effort during working hours. Any activity which interfares with your work will not be permitted. No unauthorized selling, solicitation and distribution of non-approved literature of any form is allowed within Company premises. Any selling of items, solicitation of funds and distribution of literature must be coursed through your Department Head and approved by the Management.

XV. SANITATION, HOUSEKEEPING AND SAFETY

As an employee of the Company, you must develop constant awareness and need for a clean, healthy and safe working environement. You are thus, expected to maintain the cleanliness of the Company premises, especially your workstation, and abide with the house rules and/or polices of the Company.

XVI. PERSONAL BELONGINGS

Each employee is responsible for the safety of his own personal belongings. The company cannot be resposible for losses of personal items kept in the office.

XVII. PERSONAL BUSINESS

Dental and medical appointments should be made for a time other than working hours, if possible. Any deviation from this policy should be approved in advance by your immediate supervisor and/or Head. This also applies to any other personal matter requiring time outside the Company premises or away from your work.

XVIII. TELEPHONE FACILITIES

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Use of telephone facilities including facsimile, intercom and internet should be limited for official business only. Personal calls, whether incoming or outgoing are discouraged.

XIX. HMO (Medical & Dental Benefits)

The Company’s health plan aims to provide its regular employees access to services and facilities of medical institutions for their healthcare and medical needs.

XX. DRESS CODE

All employees are required to wear the prescribed dress code from Monday until Thursday and smart casual attire during Fridays.

The prescribed dress code shall be short or long sleeves buttoned dress shirts with collar or barong and dress pants for male employees. Female employees shall wear dress blouses with skirt and dress pants. All employees are mandated to wear leather shoes. Shorts, sandos and slippers are not allowed.

XXI. POLICY AGAINST SEXUAL HARRASMENT

Sexual harassment involves an abuse of power and is inconsistent with the Company’s policies, practices and management philosophy. Sexual harassment is defined as unwelcome verbal or physical sexual advances or request for sexual favors. Sexual harassment includes the following:

1. Sexual conduct that interferes with another employee’s work performance or creates an intimidating hostile or offensive working environment.

2. Conduct that might be reasonably expected to cause insecurity, discomfort, offense or humilation to another employee;

3. Personnel decisions (i.e. Promotion, salary increase, scheduling) made by a superior basedon the employee’s submission to or rejection of sexual advances; and

4. Submission to sexual advances used as a condition of keeping or getting a job, whether expressed in explicit or implicit terms.

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An Employee who feels subjected to sexual harassment should immediately report the incident to the HRD and/or the Management. The Company will thoroughly investigate such report with due regard for confidentially as much as possible. Violators of the prohibition contained in this section shall be subject to disciplinary action.

XXII. POLICY AGAINST THE USE OR BEING UNDER THE INFLUENCE OF DRUGS AND ALCOHOL

No employee will unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of alcohol or any other controlled substances during work hours or while on Company premises. Any conversation or communication of any type regarding the sale, purchase, delivery or usage of any controlled substance is expressly probihited anywhere on Company premises. The Company reserves the right to test any employee at any time, for any reason or no reason, for alcohol or drug use. Failure to submit to such test could result in immidiate termination.

XXIII. CODE OF DISCIPLINE

A. Policy

The enforcement of rules and regulations is a primary responsibility and prerogative of management. It is incumbent upon everyone, however to ensure that discipline is maintained for any organization to exist. In order to ensure that there may be sufficient guidelines for everybody to follow and voice situations of doubt or offensive conduct, this Code of Discipline has been drawn for implementation.

B. Purpose

The enforcement and implementation of disciplinary action to employees is set to instill employee discipline and promote harmony and smooth workflow in the Company in congruence with standards set by the Company.

C. Duty of Employees to Farmiliarize with Rules and Regulations

All employees must familiarize themselves with all Goverment and Company rules and regulations pertaining to their positions and duties. All employees are expected to conduct themselves properly in their relationship with each other in the

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ordinary and established norms of human conduct and behavior.

D. Right to Impose Penalties

While it attempts to exhausitively list the possible undersired conduct and behavior, the Company recognizes that human conduct and behavior is not susceptible to definition and accurate prediction. The Company’s Code of Discipline is not intended to be restrictive or Inclusive. Thus, the Compny may make as basis for disciplinary action, which may consist of but shall not be limited to written warnings, reprimands, suspension and termination from service, acts of dishonestly, disloyalty, oppression, misconduct, neglect of duty, conviction of crime involving moral turpitude, notoriously disgraceful or immortal conduct, willful disobedience, gross immortality, violation of existing rules, regulations and such other reasonable directive as may be promulgated from time to time and even though not listed or defined in the Code, as well as acts defined and penalized under Article 282 of Presidential Decree No. 442. As Amended.

E. Specific violations and their penalties

Aside from the matters stated in the preceding Section, the following are also hereby declared by the Company to be grounds for disciplinary action. These will serve as a “guide” for cases handled by peer investigations and other such investigation boards created by the Company, in recommending corresponding penalties.

If an act in violation of the Code constitutes two or more offenses, the Company has the right to prosecute and to impose the penalty for each violation committed regardless if the violation is already deemed absorbed in the previous violation.

Should there be any act or omission considered offensive and prejudicial which does not appear in the list of offenses/violations below, the Company shall have the right to study and evalute and determine the corresponding disciplinary action. The Company shall likewise have the right to impose a higher or lower penalty that what has been prescribed herein depending on certain circumstances of the case, as well as the employment record and performance of the erring employee.

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Class A Offenses

Attendance and Punctuality

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense1. Incurring a total of more than 30 minutes worth of tardiness in a month (Habitual Tardiness) [R]

The Company, through the HRD may declare a “no tardiness day” if justified and affects a majority of the employees like in times of typhoon and other calamities

Reference period: January 01 to December 31

Warning1 day

Suspension

3 daysSuspensi

on

7 daysSuspensi

on

Termination

2. Single (1) day unauthorized absence or AWOL [R]

If absence from work is for consecutive days, each day comprising said consecutive absences will be considered as one (1) violation of this Provision.

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

3. Six (6) unauthorized half-days in a month [N]

Note: Tardiness for more than two (2) hours shall be considered an authorized half-day.

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

Page 21: Employee’s Handbook Revised by Atty. Jai

Conduct and Behavior

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense4. Loafing, wasting time or loitering in places away from assigned work place during Company time [R]

Reference period: January 01 to December 31 Warning

1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

5. Receiving or making excessive personal telephone calls (except in cases of extreme urgency while on duty [R]

(Excessive: More than thrice a day)

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

6. Frequent entertaining/receiving of personal visitors (except in cases of extreme urgency) during office hours [R]

(Excessive: More than once a day)

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

Page 22: Employee’s Handbook Revised by Atty. Jai

7. Engaging/Indugling in horseplay, running, scuffing or throwing things during company time or in company premises [R]

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

8. Failure to report change in vital personal information, such as but not limited to, change of residence address, within fifteen (15) days from occurrence of said change [R] Warning 1 day

Suspension

3 daysSuspensi

on

7 daysSuspensi

on

Termination

9. Soliciting unauthorized, personal and/or non-company related business or collections during hours of work [C]

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

10. Unauthorized presence in the officce premises and/or project sites of the Company during off hours [N]

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

11. Posting and/or writing on bulletin boards or company property without permission or authorized [N]

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

Page 23: Employee’s Handbook Revised by Atty. Jai

12. Removing or destroying materials from bulletin boards without authority [N]

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

Violation of House Rules, and of Safety and Security Policies

13. Violation of house rules of the Company. (e.g. not timing-in, not wearing of I.D. Or theprescribed uniform/attire, failure to keepone’s work area clean, etc.) [C]

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

14. Failure to conform with safety rules andregulations or report accidents (all accidents should be reported immediately to your supervisor or head) [C]

Reference period: January 01 to December 31

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

15. Smoking in non-smoking designated areas of the office premises and/or project sites of the Company. [R]

Warning 1 daySuspensi

on

3 daysSuspensi

on

7 daysSuspensi

on

Termination

Job Performance

Page 24: Employee’s Handbook Revised by Atty. Jai

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense16. Failure to caryy out reasonable oral or written job work instructions issued by one’s immediate supervisor and/or Department Head. [N]

Warning1 day

Suspension

3 daysSuspensi

on

7 daysSuspensi

onTerminati

on

Class B Offenses

Conduct and Behavior

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense1. Possesion or distribution of pornographic materials within the office premises and/or project sites of the Company, provided that the use of Company equipment, such as but not limited to computers and internet acceses for opening or downloading such materials, shall be deemed possesion of the same [C]

Warning1 day

Suspension

3 daysSuspensi

on

7 daysSuspensi

onTerminati

on

2 Leaving work/quitting early without permission [R] 1 day

Suspension

3 daysSuspensi

on

7 daysSuspensi

onTerminati

on

3. Failure to report to the proper authorities/officials of an incident resulting in damage or loss to Company property [R]

1 daySuspens

ion

3 daysSuspensi

on

7 daysSuspensi

onTerminati

on

4. Availing of a benefit of a co-employee [R] 1 day

Suspension

3 daysSuspensi

on

7 daysSuspensi

on

Termination

5. Malingering/reporting falsely as sick or make false excuses to 3 7 days Terminati

Page 25: Employee’s Handbook Revised by Atty. Jai

escape work or face official responsibilities [C]

daysSuspens

ion

Suspension

on

6. Failure or refusal to submit required pre-employment requirements and other documents required for the 201 file [N]

7 daysSuspens

ion

Termination

7. Discourtesy and/or rudeness, in dealing with buyers, Company officials, supervisors, co-employees or other parties within the office premises and/or project sites of the Company [R]

Warning to termination depending on gravity of offense

8. Unauthorized access or reproduction of Company records or documents [R]

Warning to termination depending on gravity of offense

9. Sleeping during work hours [R] 1 day suspension to termination

10. Possession of or attempting to bring into the office premises and/or project sites of the Company alcoholic beverages (unless authorized or allowed) or prohibited/illegal drugs or substances [R]

1 day suspension to termination depending on gravity of offense

11. Gossiping or spreading derogatory information/rumors about the Company, any of its performance of and/or in connection with one’s work or work assigned [R]

3 days suspension to termination depending on gravity/seriousness of gossip or derogatory

information/rumors spread

12. Making false representations to the Company, co-employees and third parties in the performance of and/or in connection with one’s work or work assigned [R]

3 days suspension to termination depending on gravity of offense

13. Reporting for or performing work under the influence of intoxicating/alcoholic beveragesor prohibited/illegal drugs [R]

3 days suspension to termination depending on gravity of offense

14. Insult or willful disrespect by an employee on the person of his supervisor, a company official or any other employee [R]

3 days suspension to termination depending on gravity of offense

Page 26: Employee’s Handbook Revised by Atty. Jai

15. Provoking or instigating a fight and/or fighting (both parties) during office hours or within company premises [R]

3 days suspension to termination depending on gravity of offense

16. Indecency, sexual harrasment and/or exhibition of lewd designs to co-employees [R]

3 days suspension to termination depending on gravity of offense

17. Abetting, assisting, facilitating, arranging promoting, or sanctioning any activity that, directly or inderectly, beshmirches or degrades the Company’s good image or risks the Company’s image to ill-repute [R]

3 days suspension to termination depending on gravity of offense

18. Coercion of a fellow employee [N]

3 days suspension to termination depending on gravity of offense

19. Willful or delibrate tampering defacing/vandalizing, damaging, sabotage or destruction of property, machine and/or equipment owned / being used by the Company or by a co-employee [C]

3 days suspension to termination depending on gravity of offense

Violation of House Rules, and of Safty and Security Policies

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense20. Harboring infectious ailments/disease which

because of carelessness or concealment

endangers his fellow workers [R]

Warning to termination, depending on gravity of offense

Job Performance

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense

Page 27: Employee’s Handbook Revised by Atty. Jai

21. Negligence or carelessness resulting in loss,

damage or injury to Company’s,co-employee’s or buyer’s

property and/orperson [C]

Loss, damage or cost of treatment of P1,000 or less

Loss, damage or cost of treatment of over

P1,000 but less than P10,000

Loss, damage or cost of treatment of over

P10,000

In all cases, the erring employee will pay forthe loss, damage or cost of treatment, or the same will be deducted from his/her salary and/or other receivables from the Company.

Warning to termination depending on gravity of offense

1 day suspension to termenation depending on gravity of offense

2 days suspension to termination depending on gravity of offense

22. Willful refusal to carry out oral or written job/work policies, instructions or orders issued by the Company’, one’s supervisor or by officers of the Company [C]

3 days suspension to termination depending on gravity of offense

23. Interfering or willful refusal to cooperate with a supervisor or Department Head in the performance of their duties [N]

3 days suspension to termination depending on gravity of offense

Class C Offenses

Conduct and Behavior

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense

Page 28: Employee’s Handbook Revised by Atty. Jai

1. Offering or accepting kickbacks, rebates, commissions, favors, and bribes in connection to one’s work or any company matter [R]

Termination

2. Falsifying Company records or documents or knowingly using falsified records or documents [R] Termination

3. Unauthorized possesion of firearms and other deadly weapons [R] Termination

4. Use of Company premises, materials, equipment or facilities for illegal acts or transactions including gambling [R]

Termination

5. Engaging in sabotage or boycott, or influencing others to hold or limit their output [S] Termination

6. willful or negligent disclosure of confidential Company information to competitors or to non-company entities, parties or personnel [S]

Termination

7. Using Company’s time, materials, or other equipment to do unauthorized work or personal business [C]

Termination

8. Stealing or attempting to steal any Company, co-employee’s or buyer’s property [R]

Termination

9. Appropriating or bringing property out of the office premises or project site of the Company [N]

Termination

Page 29: Employee’s Handbook Revised by Atty. Jai

10. Substituting Company property with anotheritem of lesser quality/price article or asset [S]

Termination

11. Any forms of collusion with fellow employee in falsifying Company records or documents submitted to the Company [N]

Termination (both parties)

12. Obtaining or attempting to obtain materials or supplies on fraudulent orders/requests [N] Termination

13. Refusal to cooperate or answer questions inany investigation authorized or conducted bythe Company [N]

Termination

Job Performance

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense14. Continued negligence, inefficlency or

incompetence in the performance of one’s

job or work assigned [N]

Termination

Acts Considered As Crimes Under the Law of the Philippines.

Offense 1 st

Offense2 nd

Offense3 rd

Offense4 th

Offense5 th

Offense15. Commissions of a crime against the Company, its representatives, officers or buyers, or against co-employees.

Termination

16. Commission of acrime outside Company premises not related to Company operations [N] Termination after court conviction

Page 30: Employee’s Handbook Revised by Atty. Jai

F. Habitual Delinquency

A violation or offense of the same provision of the Code of Discipline done repetitively or a series of irregularities, even of different nature, over a given period of time is said to be habitual, thus, providing the Company with a reasonable ground for implementing more stringent disciplinary actions including dismissal from work.

G. Prescriptive Period of Offenses

Offenses will have a prescriptive period of tweleve (12) months from the time of commission or discovery, whichever is later. Prescriptive period for certain offenses may be covered by a special memorandum.

H. Disciplinary Procedure

1. After a report has been made to the appropriate Company official or directly to the HRD concerning offenses/violations of the Company’s Code of Discipline by an employee, the HRD shall duly investigate the same and thereafter make a recommendation on whether there is a need to conduct formal investigation on the matter.

2. The HRD, with the help of the immediate supervisor/Department Head of the concerned employee, shall facilitate the formal investigation of possible violations of the Company’s Code of Discipline, which shall, likewise, include the gathering of necessary information regarding the facts the circumtances of a case.

3. Once it is determined that formal investigation on the reported incident/matter should be made, the concerned employee will be served by his, immediate supervisor/Department Head or by the HR Officer, a notice regarding the allegations and offenses charged against him, and shall be afforded a chance to explain his side on the matters alleged and/or charged against him.

4. After affording the concerned employee a chance to explain his side on the allegations and offenses charged against him, and after gathering all the necessary information regarding the facts and circumtances of the case, the Management, together with the immediate supervisor/Department Head or HRD, shall make a determination of whether administrative sanctions should be imposed the concerned employee based on all relevant matters brought forth and/or gathered.

Page 31: Employee’s Handbook Revised by Atty. Jai

5. After the Management reaches a decision on a formal investigation conducted, the concerned employee will be duly informed of the same. The Decision that will be arrived at by the Management shall be reduced into writing and shall clearly explain or matters taken into consideration when the same was made. Said Decision, a copy of which shall be placed in the 201 file of the concerned employee, shall be signed and/or duly noted by his immediate supervisor/Department Head and/or by the HR Officer.

XXIV. RESIGNATION

A. Notice

In the event an employee decides to resign, he/shee must give a written notice of resignation to the HRD or his/her Department Head at least thirty (30) days prior to the date of the intended effectivity of his/her resignation The Company reserves the right to accept the resignation of an employee at an earlier time.

B. Clearance

After an employee has filed his/her written notice of resignation, he/she must prepare a turnover of responsibilities and clear all his/her accountabilities and obligations with the Company. All company properties, records, documents, tools and other assets in an employee’s custody or control must be surrendered to the Management not later than one (1) day immediately preceding the effective date of an employee’s resignation. No payment of clearance shall be given to any employee until he/she has cleared all his/her accountabilities and surrendered all of the company properties in his/her possession. Note: An employee’s Company ID, health provider ID, ATM Card (for payroll purposes) and Handbook are company properties and therefore should be surrendered to the HRD before the effectivity one’s Resignation.

XXV. ENFORCEMENT OF RULES AND REGULATIONS

To ensure an adequate review process for the protection of the employee concerned, at the same time to allow for prompt action of offenses committed, the following procedural rules are promulgated.

Penalties imposed by law for the infractions or violations or

Page 32: Employee’s Handbook Revised by Atty. Jai

ordinances, decrees or other laws or regulations shall not be a bar to the imposition of internal administrative sanctions; likewise, any administrative sanction shall not be a bar to legal remedies where warranted.

Where the continued presence of the employee concerned poses a serious and imminent threat to the interest or property of the Company or to one’s co-employees, the implementing officer may require the employee to be placed under preventive suspension without pay for a period of thirty (30) days pending the completion of the investigation. Investigation should be conducted and terminated as quickly as possible.

XXVI. REVISIONS AND AMENDMENTS

The Company reserves the right to amend/revise, in whole or in part, the provisions of this Handbook, at any time; provided that, notice of the revision or amendment shall be given to the employees before its effectivity. All rules and regulations issued from time to time by the Company shall be considered as part and parcel of the Handbook.

XXVII. EFFECTIVITY

This Handbook shall take effect on __________________. Any policy of the Company that is contrary to the provisions of this Handbook shall be deemed repealed upon the afore-stated effectivity date.