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Form No. 177

JAC Seaoil Gasoline Station
Zone 1, Kauswagan, Cagayan de Oro City

CODE OF CONDUCT

RULES OF PROCEDURE IN DISCIPLINARY ACTION

I. Definition of Terms:

1. Written Warning A warning memorandum prepared upon an employees commission
of an offense warning the employee that a repetition of a similar offense will subject him
to further disciplinary action. A copy of the employees written notice is filed in the
employees 201 file.

2. Stern Warning A more serious warning memorandum issued upon an employee for a
graver offense than that warranted in ordinary Written Warning. This is issued by the
management to emphasize the warning message and to prevent the repetition of the
offense.

3. Reprimand A reprimand memorandum issued upon an employees repetition of an
offense for which a written warning was previously given, and warning the employee
that a repetition of a similar offense will subject him to further disciplinary action. A
written reprimand will also be issued for first time offenses if the repetition of the same
offense will result in penalty of suspension. Once issued, the employees 201 file shall be
furnished.

4. Suspension It is a temporary physical detachment from the service of the employee
without any salary and other benefits. The suspended employee shall not earn any
benefit during the period of suspension such as vacation and sick leave accruals, service
credits, among others. He shall not earn any accrual for any bonus or gratuity payment
during the period of suspension. The suspension shall be recorded in the employees 201
file.

5. Dismissal This is a dishonorable separation from the service. A dismissed employee
loses his accrued sick leave and vacation leave benefits as well as separation pay, if
applicable, and all other benefits as he is charged for cause.

6. Preventive Suspension Any employee who is under preventive suspension for the
commission of an offense that pose serious and imminent threat on the life or property
of the station shall not be entitled to any bonus, leave conversion, and other benefits.



II. DISCIPLINARY POLICY

It is the stations policy to maintain harmonious relationship between the management
and employees, officers and subordinates, and between and among employees. To this end, the
Code of Conduct (Code) is issued as a form of disciplinary measure to maintain order and
discipline. The Code of Conduct is likewise issued to standardize the administration of
discipline.


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III. PROCEDURE

The management acknowledges the fact that the immediate supervisor shall have the
primary responsibility in disciplining their subordinates. Towards this end, these disciplinary
procedures shall be observed:

1. If there is a violation of any of the provisions of this Code, the immediate superior shall
require the subject employee to explain in writing through a Notice to Explain (NTE),
within five (5) days from receipt of notice why no disciplinary action should be taken
against him.

2. The NTE gives the employee charged of a violation the opportunity to refute the
charge/s against him/her and to explain his/her side. The NTE shall be served upon the
employee and has to be complied with by the employee within the period set forth or as
indicated in the notice.

3. Depending on the gravity of the offense charged, the sanction shall be imposed as
follows:

a. For offenses involving a penalty of written warning or reprimand, the supervisor or
immediate superior may directly impose such penalty if the explanation given by the
employee is not satisfactory.

b. For offenses involving a penalty of suspension, an investigating panel or a
committee shall be formed to handle each case, which panel shall consist of the
supervisor, the assistant supervisor and a third member to be chosen by them. Based
on the results of the investigation, the supervisor shall then impose the appropriate
penalty.

c. For offenses involving the penalty of dismissal, the investigating panel shall be
composed of the following: 1) supervisor, 2) assistant supervisor, a third member to
be chosen by them. The panel shall then issue its recommendation to the Operations
Manager/s as to the imposition of appropriate penalty on the erring employee as
warranted by the situation.

d. The report submitted shall be supported by initial evidence gathered relative to the
case and a thorough investigation shall be conducted thereon.

e. The employee charged may be placed under preventive suspension for a period not
exceeding thirty (30) days and even before the NTE has been served to the employee
if the offense poses serious and imminent threat on the life or property of the
company or any of its representatives. Likewise, the preventive suspension shall be
issued to temporarily detach the employee charged with an offense from the place
where the offense was committed to give way to unhampered investigation.

f. If the offense is dismissible, a hearing or conference shall be conducted.

g. Proper documentation of all cases involving disciplinary action shall be taken
immediately. In case the employee is dismissed, corresponding report to the
Department of Labor and Employment (DOLE) shall be made.

h. The original copy of the disciplinary action shall be served upon the erring employee
and copies shall be forwarded to the Operations Manager/s, supervisor and
assistant supervisor as well as in the 201 file.

i. The penalty imposed must be fair, just and reasonable. It must be commensurate to
the nature and gravity of the offense committed.
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IV. OFFENSES AND THEIR PENALTY

1
st
Offense 2
nd
Offense 3
rd
Offense 4
th
Offense
A. HOUSEKEEPING AND SANITATION

1. Violation of directives related to proper
housekeeping in the workplace like
failure to maintain general cleanliness,
that is, littering, smudging, smearing, no
orderly stuffing of files, loitering in
unauthorized places or otherwise
violating other conditions of cleanliness
and sanitation
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

2. Non-compliance with the rules inside the
crew room and within the pump area
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

B. ATTENDANCE
1. Unauthorized under time
Written
Warning
Stern
Warning
3 days
Suspension
5 days
Suspension

2. Violation of break time and meal time
schedule
Written
Warning
Stern
Warning
4 days
Suspension
6 days
Suspension

C. UNAUTHORIZED ABSENCES

1. Absence without leave (AWOL) of less
than four (4) days within a month
Written
Warning
Stern
Warning
7 days
Suspension
15 days
Suspension

2. Failure to notify the office for absence by
reason of sickness or immediately on or
before 12:00 oclock noon of the day of
absence or first day of absence
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

3. Unauthorized absences of over four (4)
days in a month
Written
Warning
Written
Reprimand
15 days
Suspension
30 days
Suspension

D. PUNCTUALITY

1. An employee who comes in late for work
for five (5) times within one month
Written
Warning
Stern
Warning
3 days
Suspension
6 days
Suspension

2. Failure to punch in time card
Written
Warning
Written
Reprimand
3 days
Suspension
6 days
Suspension

3. Knowingly punching in the time card or
logging in attendance for another
employee
Stern
Warning
Written
Reprimand
15 days
Suspension
Dismissal

4. Unauthorized alteration made on ones
time card or that of another
Stern
Warning
Written
Reprimand
15 days
Suspension
Dismissal

5. Unauthorized removal or concealment of
ones or anothers timecard or attendance
record
Stern
Warning
6 days
Suspension
15 days
Suspension
Dismissal

6. Intentional destruction of ones or
anothers timecard or attendance record
Written
Reprimand
15 days
Suspension
20 days
Suspension
Dismissal



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E. WEARING OF UNIFORM

1. Reporting for work not in prescribed
uniform
Written
Warning
Stern
Warning
Written
Reprimand
5 days
Suspension

2. Non-wearing of prescribed attire for
employees not required to wear company
uniform as prescribed in the company
policy
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

F. OFFENSES INVOLVING IDENTI-FICATION CARD

1. Failure or refusal to wear the
identification (ID) card upon entering
and while inside the stations premises
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

2. Deliberate destruction, mutilation,
alteration and concealment of ones or
that of anothers ID card
Written
Warning
3 days
Suspension
5 days
Suspension
10 days
Suspension

3. Unauthorized or improper use of the
companys ID card
Written
Warning
Written
Reprimand
5 days
Suspension
7 days
Suspension

G. WORK BEHAVIOR

1. Loitering in the company premises
during office hours
Written
Warning
Written
Reprimand
4 days
Suspension
6 days
Suspension

2. Leaving ones post without permission
Written
Warning
Written
Reprimand
4 days
Suspension
6 days
Suspension

3. Refusal to abide by the auditing and
security and safety regulation in the
performance of official work or in the use
of the company facilities
Written
Warning
3 days
Suspension
5 days
Suspension
Dismissal

4. Sleeping while on duty
Written
Reprimand
3 days
Suspension
7 days
Suspension
15 days
Suspension

5. Pretending to be sick to avoid reporting
for work
3 days
Suspension
5 days
Suspension
10 days
Suspension
Dismissal

6. Playing of computer games, or other
similar activities which are not work-
related while on duty
3 days
Suspension
7 days
Suspension
Dismisal

H. PROHIBITED ACTIVITIES

1. Lending any sum of money to or
engaging in or practicing usury within
the company premises
Written
Warning
Written
Reprimand
3 days
Suspension
5 days
Suspension

2. Collecting monetary contribution for any
purpose from anyone within the
company premises without authority
from the management
Written
Warning
Written
Reprimand
3 days
Suspension
6 days
Suspension

3. Soliciting, vending, peddling or selling
any kind of goods or services during
office hours or while on duty within the
company premises
Written
Warning
Written
Reprimand
2 days
Suspension
4 days
Suspension


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4. Removing company property from its
designated place and placing the same in
another place within the premises
without proper written authorization
from the management
Written
Warning
Written
Reprimand
6 days
Suspension
15 days
Suspension

5. Coming to work under the influence of
liquor
Written
Reprimand
3 days
Suspension
6 days
Suspension
Dismissal

6. Drinking alcoholic beverage within the
company premises
Written
Reprimand
3 days
Suspension
6 days
Suspension
Dismissal

7. Use or possession for use of prohibited
drugs as defined under the
Comprehensive Dangerous Drugs Act
30 days
Suspension
Dismissal

8. Selling, pushing or engaging in the trade
of prohibited drugs as defined under the
Comprehensive Dangerous Drugs Act
Dismissal

9. Reading irrelevant books, magazines,
novels, newspapers, or other printed
materials not related to ones work while
on duty
Written
Warning
Written
Reprimand
4 days
Suspension
7 days
Suspension

10. Opening, accessing or browsing any
social networking site, unofficial e-mail
or other similar website
Written
Reprimand
3 days
Suspension
6 days
Suspension
Dismissal

11. Downloading any file, system,
application games, etc. from the Internet
Written
Reprimand
3 days
Suspension
6 days
Suspension
Dismissal

12. Committing any subversive act,
including the distribution of subversive
materials within the company premises
Stern
Warning
Written
Reprimand
6 days
Suspension
15 days
Suspension

13. Holding of unauthorized meeting within
the company premises
Written
Warning
Written
Reprimand
3 days
Suspension
6 days
Suspension

14. Unauthorized long distance call using the
companys telephone system, cellular
phone, etc.
Written
Warning
Written
Reprimand
2 days
Suspension
6 days
Suspension

15. Deliberate slowdown or dragging out of
work
Written
Warning
Written
Reprimand
3 days
Suspension
6 days
Suspension

16. Smoking in restricted areas
Written
Warning
Written
Reprimand
3 days
Suspension
6 days
Suspension


I. SERIOUS MISBEHAVIOR

1. Falsification of records or furnishing false
information or committing any such acts
with deliberate intent to defraud the
company of cash, materials and stocks
and other properties
30 days
Suspension
Dismissal

2. Illegal possession of firearms, explosives,
highly combustible or other deadly
weapons within the company premises
20 days
Suspension
Dismissal


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3. Providing false statements about himself
in the company records with intent to
mislead, misrepresent or conceal
incriminatory information
Written
Reprimand
20 days
Suspension
30 days
Suspension
Dismissal

4. Engaging in scandalous relationship such
as maintaining relationship with another
employee when being validly married
30 days
Suspension
Dismissal

5. Having sexual intercourse within the
company premises
30 days
Suspension
Dismissal

6. Exhibitionism
30 days
Suspension
Dismissal

7. Commission of a crime involving moral
turpitude such as seduction, rape,
abduction and acts of lasciviousness
Dismissal

8. Conviction of other crime where the
penalty imposed is more than thirty (30)
days of imprisonment
Dismissal


J. SABOTAGE, ESPIONAGE AND VIOLATION OF TRADE SECURITY

1. Deliberate destruction of company
property with the intention of wreaking
havoc on the operation, paralyzing
equipment, machineries and similar acts
Dismissal

2. Hacking company systems and databases Dismissal

3. Intentionally infecting company systems
and databases with virus and other types
of malwares
Dismissal

4. Stealing companys trade secrets by
taking without consent documents,
records, equipment, devices and other
things which are considered highly
confidential
Dismissal

5. Selling or distribution of highly
confidential matters of the company
Dismissal

K. BREACH OF SECURITY AND SAFETY MEASURES

1. Violation of safety rules and regulations
Written
Reprimand
10 days
Suspension
30 days
Suspension
Dismissal

2. Failure or refusal to cooperate with
security protocol enforced by the Security
Guard or other security system
Stern
Warning
Written
Reprimand
3 days
Suspension
7 days
Suspension

3. Unauthorized entry in restricted areas
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

4. Assisting others to enter restricted areas
without authority
Stern
Warning
Written
Reprimand
2 days
Suspension
4 days
Suspension

5. Reckless use of company vehicle
resulting in damage thereon
7 days
Suspension
10 days
Suspension
Dismissal
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L. DISORDERLY CONDUCT

1. Gambling while within the company
premises
Stern
Warning
Written
Reprimand
5 days
Suspension
10 days
Suspension

2. Promoting any game of chance, lottery,
gambling within the company premises
Written
Reprimand
7 days
Suspension
15 days
Suspension
30 days
Suspension

3. Uttering profanities, disrespectful
language or displaying obscene acts, such
as dirty finger, to a superior, company
officer or any member
10 days
Suspension
15 days
Suspension
Dismissal

4. Uttering profanities, disrespectful
language or displaying obscene acts, such
as dirty finger, towards co-workers other
than company officers, superiors or other
members of the management
Written
Reprimand
2 days
Suspension
7 days
Suspension
10 days
Suspension

5. Disregarding lawful orders of superiors,
managers, or other company officers
3 days
Suspension
7 days
Suspension
15 days
Suspension
Dismissal

6. Gross insubordination where there is
substantial damage to company property
or injury to person
30 days
Suspension
Dismissal

7. Threatening bodily harm to a superior or
other company officers
7 days
Suspension
15 days
Suspension
Dismissal

8. Threatening bodily harm to a superior or
other company officer
3 days
Suspension
7 days
Suspension
15 days
Suspension
Dismissal

9. Inflicting bodily harm to a co-worker
30 days
Suspension
Dismissal

10. Participating in any illegal assembly
during office hours and inside company
premises
5 days
Suspension
7 days
Suspension
15 days
Suspension
Dismissal

11. Provoking a fight
10 days
Suspension
30 days
Suspension
Dismissal

12. Posting or writing unauthorized notices
or removing and mutilating company
notices
Stern
Warning
Written
Reprimand
15 days
Suspension
Dismissal

13. Discourtesy to visitors by being
disrespectful, uttering obscene and foul
language towards them. Also includes
rude manner of dealing with the visitors,
customers or guests of the company
resulting in verbal or written complaint
3 days
Suspension
7 days
Suspension
30 days
Suspension
Dismissal

14. Engaging in a brawl, mauling, fisticuff or
any physical fight with another employee
or another person within the company
premises while being the instigator
5 days
Suspension
10 days
Suspension
Dismissal

15. While not being an instigator or a victim,
joining a brawl, mauling, fisticuff or any
physical fight with another employee or
another person within the company
premises
4 days
Suspension
7 days
Suspension
15 days
Suspension
Dismissal
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M. BETRAYAL OF TRUST

1. Inflicting damage to the company for
failure or refusal to report in writing the
loss of company property under his
custody or accountability within 24 hours
Written
Warning
Stern
Warning
5 days
Suspension
7 days
Suspension

2. Misappropriation of company supplies,
material or equipment
3 days
Suspension
7 days
Suspension
Dismissal

3. Wastage of company supplies and
materials
Written
Warning
Stern
Warning
Written
Reprimand
3 days
Suspension

4. Refusing to provide information or testify
in a company investigation when he/she
has knowledge of the acts or omissions
under investigation
3 days
Suspension
5 days
Suspension
15 days
Suspension
30 days
Suspension

5. Use of company name, goodwill,
products and other intellectual property
for personal gain, profit or deceit without
the companys authority
5 days
Suspension
7 days
Suspension
15 days
Suspension
Dismissal

6. Engaging in personal business or part-
time work during office hours
Stern
Warning
Written
Reprimand
15 days
Suspension
Dismissal

7. Theft of company property with market
value of not more than PhP5,000.00 other
than sum of money
4 days
Suspension
Dismissal

8. Theft of company property with market
value of more than PhP5,000.00 but not
more than PhP30,000.00 other than sum
of money
15 days
Suspension
Dismissal

9. Theft of company property with market
valued of more than PhP30,000.00 other
than sum of money
Dismissal

10. Taking of company collection, cash or
other sum of money not more than
PhP5,000.00 without the companys
consent
15 days
Suspension
Dismissal

11. Taking of company collection, cash or
other sum of money more than
PhP5,000.00 without the companys
consent.
Dismissal

12. Unauthorized use of company vehicle
15 days
Suspension
30 days
Suspension
Dismissal

13. Falsification of companys receipts,
forms, and other instruments without
monetary personal gain
10 days
Suspension
Dismissal

14. Falsification of companys receipts,
forms, and other instruments for personal
monetary gain where the amount
involved is not more than PhP5,000.00
30 days
Suspension
Dismissal




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15. Falsification of companys receipts,
forms, and other instruments for personal
monetary gain where the amount
involved is more than PhP5,000.00
Dismissal

16. Defrauding for personal gain or
conspiring to defraud the company of
legitimate revenue, cash sums of money,
materials, securities, stocks and other
properties by any means
Dismissal

17. Accepting money or gift in exchange of
doing or not doing of ones job or other
favor affecting the company transaction,
interest or property
4 days
Suspension
10 days
Suspension
30 days
Suspension
Dismissal

18. False testimony given during company
investigation
Dismissal

N. NEGLECT OF DUTY

1. Violation of standard operating
procedure where there is no direct
monetary damage to the company
Stern
Warning
Written
reprimand
10 days
Suspension
30 days
Suspension

2. Neglect of duty resulting in loss, damage,
fine or penalty to the company
amounting to not more than PhP5,000.00
4 days
Suspension
10 days
Suspension
30 days
Suspension
Dismissal

3. Neglect of duty resulting in loss, damage,
fine or penalty to the company
amounting to more than PhP5,000.00 but
not more than PhP20,000.00
7 days
Suspension
15 days
Suspension
Dismissal

4. Neglect of duty resulting in loss, damage,
fine or penalty to the company
amounting to more than PhP20,000.00
but not more than PhP50,000.00
30 days
Suspension
Dismissal

5. Neglect of duty resulting in loss, damage,
fine or penalty to the company
amounting to more than PhP50,000.00
Dismissal

6. Neglect of duty resulting to in injury to a
person
5 days
Suspension
7 days
Suspension
Dismissal

O. SEXUAL HARASSMENT

1. Any employee, having authority, influence or moral ascendancy over a subordinate,
co employee, agent or other person, who shall demand, request, or otherwise require
any sexual favor from such other person, regardless of whether the demand, request,
or requirement is accepted by such other person under the following circumstances:
First
Offense:
Dismissal

a. When the sexual favor is made as a condition in the hiring, or in the
employment, or continued employment, or the engagement, or continued
engagement, of the services of such other person;
First
Offense:
Dismissal

b. When the sexual favor is made as a condition in the granting of favorable
compensation, contractual fees, terms, conditions, promotions or privileges; or

First
Offense:
Dismissal




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c. When the refusal to grant the sexual favor results in the limiting, segregating or
classifying the employee, agent or such other person, which in any way would
discriminate, deprive, or diminish employment or contract opportunities, or
otherwise adversely affect such other person;
First
Offense:
Dismissal

d. When any of the above acts would impair the employees rights or privileges
under existing labor laws; or
First
Offense:
Dismissal

e. When any of the above acts or any other inappropriate body contact would
result in an intimidating, hostile, or offensive environment for the employee.
First
Offense:
Dismissal

P. HABITUAL VIOLATIONS

1. Habitual violations of any of the offenses contained herein, but
excluding this provision, shall constitute an offense punishable as
follows:


a) Warned in writing three (3) times 5 days Suspension

b) Warned sternly three (3) times 10 days Suspension

c) Suspended twice (2) 15 days Suspension

d) Suspended three (3) times Dismissal



Prepared by:


PAULINE MAE P. ARANETA
Operations Manager
JAC Seaoil Gasoline Station