Professional Documents
Culture Documents
HR POLICY MANUAL
DIRECTOR: __________________________
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The manual is consisted of different sections and each and every section of the manual is
prepared in a way that it can define the way in which company form clean, faithful and
lawful labour practices, company conditions, environmental and customs. The policies
defined by the company shows proper procedure to maintain healthy working and social
environment.
Our HR Manual covers the fact that RANTEX PRIVATE LIMITED is committed
towards social responsibility and shows its loyalty of becoming a socially responsible
business entity in the market. The Manual has been prepared very efficiently so that no
point should be left untreated regarding the Social Management System which the
company has given firm assurance through its policies and business operation procedures.
Through this HR Policies, RPL combines up all the social issues and concerns within and
outside its working area. The policies laid down by the company in the manual is
applicable to each and every employee of the company and also to the all those concerns
to which RANTEX PRIVATE LIMITED has business links.
The company guarantees to practice these policies and procedures in RPL to develop an
effective, safe and healthy social working environment.
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TABLE OF CONTENTS
Page
Policy Document # Subject
#
About Rantex Private Limited RPL-PL-001 Introduction 5
Process Flow RPL-PL-002 Process Flow Diagram
Policy
Social & Labor Policy RPL-PL-003 Procedure 5
Scope of the Manual RPL-PL-004 Scope
Policy 7
Disciplinary Actions, What is and is not
8
misconduct?
Disciplinary Rules and Punishments 10
Grievances
RPL-PL-002 Reporting a misconduct or a Grievance 13
Procedure – Misconduct to Dismissal 14
Procedure of termination of employment 23
Policy 26
Types of employees &Procedure 27
PROCEDURE Documents for Age Verification 28
Verification of Documents authenticity 29
Recruitment policies RPL-PL-003 Hiring process for direct employees 29
Hiring process for indirect worker 29
Discouragement of Forced labor Child Labor 31
Equal Opportunity Employer 31
Apprenticeship 32
Policy 35
Objective & Procedure 36
Leaves & Holidays 38
Leave Policy
RPL-PL-004 Casual & Sick Leaves 39
Maternity Leaves 40
Restrictions of Adult Working Hours 50
Chargesheet 52
Appendix RPL-PL-005 Show Cause Notice 53
Action Notice 54
Policy 56
Orientation Policy RPL-PL-006 Procedure, Objective, Benefits 56
Implementation 57
RPL-PL-007 Policy 58
Prohibition of Forced Labor
Procedure 58
Policy 61
Prohibition of Child Labor Procedure 61
RPL-PL-008 Hiring Process 62
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Discouragement 63
Policy 64
Prohibition of Discrimination RPL-PL-009 Procedure 64
Reporting 65
Policy 67
Procedure 67
Minimum Wages 68
Compensation & Benefits
RPL-PL-0010 PF, EOBI, PESSI, Group Insurance, Overtime 69
Increments 69
Benefits 71
Policy 72
Training & Development RPL-PL-011 Procedure 73
Training Need 74
Policy 76
Procedure 76
Performance Appraisal System
RPL-PL-012 Rating Scale 81
Increments & Promotions 82
Policy 84
RPL-PL-013 Procedure 85
Emergency Response Plan
Documents & Records 91
First Aid Kit Records 94
Policy 95
Anti- Harassment &Abusive
RPL-PL-014 Grievance Policy 96
Policy
Procedure 97
Policy 100
Procedure 100
RPL-PL-015 Voluntary Termination 100
Separation Policy Involuntary Termination 101
Procedure 101
Death of Employee 102
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Rantex with current production capacity of 1.6 million meters a month is a
fast growing company where they aim to reach a mark of 3 million meters
by 2018 for Denim Fabrics.
Yarn Gowdoon
Warping
Rope Dyeing
Sizing
Weaving
Finishing
Mercirizing
Quality Assurance & Control
PPC
Health, Safety & Environment
HR & Admin
Inspection
Packing
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Raw
Material Weaving Finishing
(Yarn)
Ball
Sizing Inspection
Warping
Rope Re-
Packing
Dyeing Beaming
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RPL is highly against the practice of CHILD LABOR and for this, we as a
company work together to end up the practice of child labor in the industry,
we work and also in the market we serve.
RPL looks forward for the safety of its employees for which, we provide our
employees with healthy and safe environment.
For the encouragement of our employees and to keep their moral high
towards work, we provide our employees with all sorts of possible
benefits, facilities and allowances that are also define by laws/rules.
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Management and Workers so that the workers and staff grievances could
be resolved.
necessary for the benefit of employees for which RPL arrange Management
Review Meeting for constant Improvement for healthier social environment.
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Each section of the manual defines the, principles core-standard that address
labour practices, company conditions, environmental and customs compliance of
Rantex Private Ltd. has framed its policies against the Required, Standards and
procedures for the implementation of these policies into practices.
This manual covers the Rantex Private Ltd. commitment toward social
responsibility and shows its allegiance of becoming the socially responsible
business entity. This manual covers all the principles of the Social Management
System to which the company has given company commitment through its
policies and business operation procedures.
Through this manual the company encompasses all the social issues and concerns
within and outside its working sphere. This policy manual is applicable to each
and every employee of the company and also to the all those concerns to which
Rantex Private Ltd has business links.
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PROHIBITION OF CHILD LABOUR (Doc # RPL-PL-005)
POLICY
The Company will not employ any person below the legal minimum age
(under the age of 15) in any of its departments. No Contract labor under the
legal minimum age of 18 is allowed to be provided by any of its Contractors.
The Company does not support the use of Child Labor workers to be
employed by any of its suppliers or any others involved with the company
business.
The Company will discontinue business relations with such supplier who use
Child Labor or continued to do so even after insistence by Company for
remediation of child labor.
PROCEDURE
Documents for Age Verification
HR Department ensures that the following documents should be maintained
in all the personal files of staff and workers whether directly employed or
indirectly.
Copy of National Identity Card or,
Copy of Form B or,
Copy of Education Board / University Certificate containing date of birth or,
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“Checked” or signed by the HR Manager with the remarks (SEEN
ORIGINAL).
Hiring process for direct employees
Hiring process for direct employees (staff and workers) at the company, Comprises
of the following steps, after submission of signed or thumb marked job application
(in English or Urdu).
Receiving of application/interview by the HR Department/ Department Head
and Director (if required) for suitability of the person in terms of skills,
technical expertise and work experience.
Filling of employee profile.
Review of documents e.g. NIC (original and copy), Form B (original and
copy) or original, academic certificates, work experience certificate etc.
Issuance of Appointment letter/Contract and its acknowledgement.
Issuance of confirmation letter at the end of probation period (90 Days).
Hiring process for indirect worker
The company employs the services of labor contractor due to the predominantly
high turnover rate of workers in this sector of the industry. This high turnover rate
is due to the nature of business (fluctuating business volumes) and the prevailing
economic situation.
The hiring process for indirect worker is as follows:
The department head when ever any position falls vacant or a new vacancy
is created in his department informs the human resource department. The
human resource forwards their request along with their requirements to the
respective contractor.
Receiving of application/interview by the contractor for suitability of the
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person in terms of skills, technical expertise and work experience.
Review of documents by the contractor and Company e.g. NIC (original and
copy), Form B (original and copy), academic certificates, (Copy and
Original) work experience certificate or any other required as mentioned
above.
Issuance of contract to the worker by the contractor describing his terms and
condition of employment and its acknowledgement.
The contractor prepares the contract in duplicate; one copy is given to the
worker while the other copy is maintained in the personal file, after
acknowledgement from the employee.
HR Department maintains and updates the contractual workers file on behalf
of the contractor.
Discouragement of Child Labor
The Company discourages child labor at all levels in the society and uses
following steps to show its resentment.
The Company discontinuation of business, with suppliers, who fail to
address child labor.
The Company immediate termination of contractor, if found employing
child labor.
RESPONSIBLE PERSON
HR Manager is responsible for:
• Communicating, deploying and monitoring the above practices of human
resource.
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PROHIBITION OF DISCRIMINATION (Doc # RPL-PL-006)
POLICY
The Company is an equal opportunity employer and believes in equal
opportunity for all based on merit and ability to carry out the given
responsibilities. It believes in equal pay for similar jobs and provision of
equal opportunity to all employees to enable them to grow with the
Company.
The Company does not discriminate against anyone when hiring, promoting,
paying, job rotation, selecting people for training, at the time of termination
of employment or retirement on the basis of religion, race, national origin,
disability, gender, any association or political affiliation.
The Company does not carry out any mandatory pregnancy test at the time
of hiring of any lady worker.
PROCEDURE
Equal Opportunity Employer
Equal employment opportunity applies to all aspects of employment
practices including, recruiting, hiring, placement, promotion, demotion,
transfer, training, compensation, benefits and termination. Company ensures
that all the employees whether employed directly or indirectly are employed
merely on the basis of merit and no discrimination is made on the basis of
race, religion and gender.
Company ensures that to the extent possible any vacant position is
advertised either through newspaper or any other appropriate means.
In cases where any female seeks employment, Company ensures that she is
not discouraged for employment due to fear of maternity leave or any other
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reason.
It is also ensured that female employees are not made to go through
pregnancy testing.
In cases where the potential candidate is physically disabled but his/ her
disability does not affect the nature of job for which he/she is seeking
employment, the company does not discourages these employees and
provide them equal opportunity to seek employment on merit.
Company ensures that in cases, where for the same type of job, male and
female employees both are employed, they are hired on equal salary
structure and company benefits and no discrimination is done.
Company is committed to compliance with applicable health codes and to
reasonably accommodating the preference of both smoking and nonsmoking
employees. For reasons of safety, public relations and other concerns, use of
tobacco in the workplace is prohibited with the exception of a designated
area.
Vehicles owned by its subsidiaries and affiliates are considered workplace
areas.
Company prohibits the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance in the workplace.
RESPONSIBLE PERSON
HR Manager is responsible for:
o Proper communication of company’s policy on discrimination.
o Organizing meetings and training programs to ensure that the policy is
properly communicated and understood, the minutes of the meeting
are then recorded and circulated to all the participants.
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FREEDOM OF ASSOCIATION AND COLLECTIVE
BARGAINING (Doc # RPL-PL-007)
POLICY
PROCEDURE
However if the other group of employees feels that they do not have the true
representation in the registered union, they are free to form another registered
union.
All the registered unions have to follow the following steps before putting
any issue related to collective bargaining.
Nomination of union representative through election process.
Development of Memorandum of Association.
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Development of Charter of Demands.
If the need arises HR / Compliance Manager is responsible to liaison
between top management and employees and help formation of authorized
body and to chalk down all the activities as per this Procedure.
Work council has been formed in the company members of work council
were elected through hand raising election where nominated names were
taken and supportive workers raised hand in favor of the nominee. The name
of team of the company is placed on notice board.
Meetings held on quarterly basis. Minutes will be maintained of the
proceeding of the work council by the head of the work council.
Minutes of work council meeting are maintained and displayed at the Main
Notice Board.
Suggestion boxes are placed in the facility; if any employee wants to report
any incident he / she can use the suggestion boxes without mentioning his /
her identity.
HR / Compliance Manager is responsible to handle any suggestion /
complaint found in the suggestion box and if required bring that issue in the
work council meeting , if further required the issue will be discussed with
management for immediate rectification.
RESPONSIBLE PERSON
• HR / Compliance Manager are responsible for:
The company of the meeting are then recorded and circulated to all the
participants as per distribution record list.
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PROHIBITION OF FORCED LABOUR (Doc # RPL-PL-008)
POLICY
The company does not use involuntary or forced labor – indentured, bonded
or otherwise nor does it support the use of forced or compulsory labor in any
form including bonded, forced, and/or compulsory prison labor.
The company prohibits all relevant individuals from coercing employees in
any way or unnecessarily limiting employees’ freedom of movement.
The company does not require employees to submit originals of documents
at the time of employment or during the period a person is employed with
the company for the purpose of verification of education or age proof until
unless it’s become necessary.
PROCEDURE
Maintains employment application or contract, to include a statement
affirming that applicants are seeking employment voluntarily and are not
under threat or any penalty and to be signed by each applicant. Copies are
maintained in the employee’s Personnel file.
Issues compensation directly to third party (Contractor) or to worker as
mentioned in their contract, company makes sure that the third party
(Contractor) makes correct payment to his workers as agreed. A
representative of the company is present when the contractor disburses pay
to his employees and verifies the payment according to company’s data.
Job description of Security staff has been defined, limiting security tasks to
normal security matters such as the protection of property or personnel.
At the time of hiring HR Manager / GM ensures and others;
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The employee signs no bond as a token for continued employment or a
period thereof.
All employees, original documents are only asked from the employees for
the verification of photocopy documents and after verification, original
documents will be returned to the employees without holding.
During the time of employee’s interview, the potential candidate is briefed
about the fact that he/she is under no compulsion to join the company and
similarly he/she is free to disassociate with the company as per his / her own
free will at any given time but under compliance with the rules as agreed in
the appointment letter but all are according to the rules and regulation
implemented at the time.
HR Manager / GM ensure that the workers who are frequently doing
overtimes are under no pressure or threat from their respective departmental
heads / Contractors for compulsory overtime.
In case where any company’s employee decides to leave the company.
Manager asks about the reason (s) of leaving in order to make sure that he /
she is not leaving under any unlawful compulsion or threat and harassment.
Manager HR / GM / Departmental Heads are responsible for
communicating, deploying and monitoring the Practice of effectively
prohibiting involuntary or forced labor.
Manager HR / GM train all departmental heads about the company policies
and procedures prohibiting involuntary or forced labor.
Complain boxes / suggestion boxes are placed in the company if any
employee wants to report any incident he / she can use the suggestion /
complaint box without mentioning his / her identity, the matter will be
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investigated and resolved by the Companies Seniors (Manager HR, GMs),
after discussing the complaint with Director / Chairman if required.
HR / Compliance Manager ensures continuous communication between
workers and management through designated members of different
committees; the issues related to the workers are communicated to the
management for effective corrective and preventive measures to ensure
workers satisfaction.
RESPONSIBLE PERSON
HR / Compliance Manager is responsible for:
Proper communication of company’s prohibition of forced labor policy to
the respective supervisors and workers and all other concern persons.
Organizing meetings and training programs to ensure that the policy is
properly communicated and understood, the minutes of the meeting are then
recorded and circulated to all the participants as per distribution record list.
In case any incident is reported either through suggestion / complaint box or
directly through workers, HR / Compliance Manager will immediately
communicates the matter (s) to the top management for immediate
rectification and necessary action.
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DISCIPLINARY RULES & GRIEVANCES (Doc # RPL-PL-009)
POLICY
RPL does not engage in, believe or even support the use of physical
punishment, mental or physical and verbal abuse.
RPL encourages work environment in which no sort of harassment is
practiced by its supervisory staff towards the workers particularly female
workers.
RPL discourages the use of any form jargon or gestures that represents
sexual harassment towards its female employees.
RPL takes strict stands to follow legal disciplinary laws and procedures
when the need for disciplining any worker arises and also looks forward that
under no circumstances the rules could e broken.
RPL is an equal opportunity employer and based on equal levels of criteria
of merit and ability to carry out the given responsibilities. It believes in
equal pay for similar jobs and provision of equal opportunity to all
employees to encourage them to grow and increase their productivity
RPL does not believe on racism therefore hiring, promoting, paying, job
rotation, selecting people for training, at the time of termination of
employment or retirement do not depends on the basis of religion, race,
national origin, disability, gender, any association or political affiliation.
RPL will terminate employee on a one month notice if the termination is
pure from the reasons of misconduct.
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Disciplinary Actions
You are required to meet certain standards of work performance and workplace
conduct. When employees do not meet specified standards, Corrective and
Disciplinary actions including termination for cause may be warranted.
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Willful “Insubordination” includes misbehavior: workmen acting in
haughty and insulting manner towards his supervisor. Held he was guilty of
misconduct on account of willful insubordination.
Lawful order: Orders contemplated in S.O. 15(3) (a) must not only be
lawful but also reasonable. Where a workman was not qualified to do a
particular job, an order to do such job held not reasonable and disobedience
thereto held not misconduct.
Violation of companies rules not same as superior’s orders: violation of
a lawful and reasonable order of a superior as distinguished from violation
of rules or orders issued pursuant to such rules.
Failing to follow employer’s orders to get medically examined to
account for unauthorized absence is a misconduct: any employee who
remain absent for more than the allowed time period stating that he was not
feeling better for which he has provided medical certificates, if employer
does not accept these medical certificates and asks employee to go for a
medical examination then ignoring these factor will be labeled as a
misconduct conducted by the employee.
S.O. 15 (3) (b): Theft, Fraud and Dishonesty: Employee was removed
from service after charge-sheeting him and holding enquiry against him on
allegations of remaining absent from duty without leave and commission
of fraud, corruption and misappropriation. All allegation leveled against
employee were found to be sound and well-based in enquiry and employee
could not rebut the same. Employee, in circumstances was rightly removed
from service.
S.O. 15 (3) (c): Willful Damage: willful implies a knowledge or intension.
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Mere damage caused due to carelessness or negligence does not become
“willful” so as to attract the charge of misconduct.
S.O. 15 (3) (e): Habitual absence or absence for more than 10 days:
simple absence, without any habit or deliberate intention, is not
misconduct. Only willful and habitual absence from duty without leave
could be treated as misconduct and simple absence, not attended by any
habit of that kind or any conduct betraying obstinacy or deliberateness on
the part of employee could not be construed as misconduct.
The word or in habitual absence without leave or absence without leave for
more than 10 days in disjunctive – the word habitual should not be read
after or as well. It is not a proper construction that a workman should be
habitual absent for more than 10 days to merit dismissal. One single
instance is enough.
The expression absence without leave for more than 10 days is not
qualified by words willful or habitual. Hence misconduct is to be construed
without reference to mind of person committing act or omission.
S.O 15 (3) (h): riotous or disorderly behavior/ act subversive of
discipline: Words any act subversive of discipline to be construed ejusdem
generis with preceding words viz. riotous or disorderly behavior and reflect
an act having some criminality. Mere failure of an air-hostess to take
permission to leave base of duty, held, not an act subversive of discipline.
S.O. 15 (3) (i): Habitual negligence or neglect of work: it implies that
the negligence act/omission takes place number of times and repeatedly
despite warnings. This is misconduct.
S.O. 15 (3) (k): Illegal strike: participation in illegal strike: it is
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misconduct punishable with dismissal after proper inquiry.
The above stated misconduct will be liable for any of the following punishments,
Punishment
1) An employee may be reprimanded or fined in the manner prescribed under
the payment of wage Act, 1936 (IV of 1936) up to three paisa the rupee of
the wages payable to him in a month, for any of the following or omission,
namely:-
In case where the payment of wages ACT, 1936 (IV of 1936), is
applicable the list of acts and omissions for which fine may be levied.
In other cases, the following shall be the list of acts and omissions;
o Disregard or disobedience of rules or orders
o Improper behavior such as drunkenness
o Making false or misleading statements
o Inefficient, dilatory, careless or wasteful working
o malingering
2) An employee found guilty of misconduct shall be liable to any of the
following punishments:-
Fine in the manner prescribes under the payment of wages Act, 1936 (IV
of 1936), up to three paisa in the rupee of the wages payable to him in a
month.
Withholding of increment or promotion for a specified period not
exceeding one year.
Reduction to a lower post or
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Dismissal without payment of any compensation in lieu of notice.
3) The following acts and omissions shall be treated as misconduct:-
a) Willful insubordination or disobedience, whether alone or in
combination with others, to any lawful and reasonable order of a
superior.
b) Theft, fraud, or dishonesty in connection with the employer’s
business or property.
c) Willful damage to or loss of employer’s goods or property.
d) Taking or giving bribes or any illegible gratification.
e) Habitual absence without leave or absence without leave for
more than ten days.
f) Habitual late attendance.
g) Habitual breach of any law applicable to the company.
h) Riotous to disorderly behavior during working hours at the company
or any act subversive of discipline.
i) Habitual negligence or neglect of work.
j) Frequent repetition of any act or omission referred to in clause (1).
k) Striking work or inciting others to strike in contravention of the
provisions of any law or rule having the force of law.
l) Go-slow
4) No order of dismissal shall me made unless the workman concerned is
informed in writing of the alleged misconduct (within one month of the date
of such misconduct or of the date on which the alleged misconduct comes to
the notice of the employer) and is given an opportunity to explain the
circumstances alleged against him. The approval of the employer shall be
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required in every case of dismissal and, the employer shall institute
independent inquiries before dealing with charges against an employee.
Provided that the employee proceeded against may, if he so desires for his
assistance in the enquiry, nominate any employee employed in that
organization and the employer shall allow the employee so nominated to be
present in the enquiry to assist the employee proceeded against and shall not
deduct his wages if the enquiry is held during his duty hours.
5) Where, for the purposes of conducting an inquiry into the alleged
misconduct of a employee, the employer considers it necessary, he may
suspend the employee concerned for a period not exceeding four days at a
time (so however, that the total period of such suspension shall not exceed
four weeks except where the matter is pending before an arbitrator, a
Labor Court, Tribunal or conciliator for the grant of permission under
section 47 of the Industrial Relations Ordinance, 1969 (XXIII of 1969).
The order of suspension shall be in writing and may take effect
immediately on delivery to the employee. During the period of suspension,
the employee concerned shall be paid by the employer to the same wages
as he would have received if he had not been suspended.
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The main purpose of laying down these procedure is defining a way that how an
employee can easily resolve these issue in a professional. According to which any
regular employee of RPL may file a grievance under this section. Workers can also
report grievances of harassment and abuse and/or discrimination either as a result
of their own victimization or the observations of others as victims to department
heads /company representative.
When the misconduct has been reported employer has to follow a proper procedure
the discourage that practice. The derailed procedure is described as below:
When the difference between what is misconduct and is not misconduct, employer
can punish the alleged employee and then punishment can be inform of
termination depending on the nature of misconduct.
Employer must ensure that notice of enquiry is not just “Sent” but
actually served on employee so he could join the enquiry proceeding.
Employer has not only to make sure that the notice of enquiry is sent but also
received by the employee so that the employee should participate in enquiry
else termination orders cannot be passed.
Employer must conduct an independent inquiry even if charges against
employee appear to be obvious. Is it compulsory for an employer to conduct
inquiries even if he is aware of the fact that alleged person is guilty else
termination orders will be considered unsustainable in the labor court.
Enquiry Officer must be completely independent & neutral. Enquiry
officer who was labor officer of employer, being highly interested person
inquiry held by him particularly in absence of the employee, could not be
made safe basis for dismissal of employee.
Enquiry conducted by Assistant personnel Superintendent officiating as
factory Personnel Manager, who was on leave, held, made with the approval
of employer and dismissal of employee rightly made. The question whether
the employee did or did not commit offence charged with is a question of fact
which could be inquired into only by the inquiry.
Inquiry officer, who conducts an inquiry against workman, is not
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necessarily to be appointed under the order of the employer in writing.
Nor approval of the employer dismissing employee necessarily to be in
writing and the order of dismissal of workman was not required to be passed
by the employer himself in writing. All that is required by law is approval of
employer. Where the workman failed to establish that such approval was not
granted by the employer, dismissal of employee was not interred with by the
Supreme Court.
Inquires must be held through an impartial and unbiased agency. Inquiry
officer, in circumstances, held further, could not qualify as independent
person to hold inquiry and proceedings held by him vitiated in law.
Mode of service of Show-cause notice: Ordinance prescribes no particular
mode of service but only requires person affected to be informed by any
mode. Service by publication in newspapers. Usually resorted to where
number of persons undetermined or their identity not obvious or service in
ordinary mode not possible due to fraud of one of parties. Person whom
against action proposed to be taken impending actual service of notice by his
own negligence. Cannot be heard to complain of not having been actually
served. Workman also corresponding being under obligation to keep
management informed of his where-abouts, failure to do so amounts to
impending obligation of management to afford him opportunity of being
heard and workman cannot complain of decision having been taken in his
absence
Results of independent inquiry must show connection between evidence
and charges, and charges must be “proven” through credible and well
documented evidence. Employer has to be sure of the fact that stated
allegations should not be baseless that are not supported with clear evidences
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hence the employer cannot punish the alleged person.
During inquiry proceedings, extraneous matters found cannot be taken
into consideration nor be made part of charge sheet otherwise dismissal
order will not be upheld
Reinstatement, fresh inquiry and back benefits: when the order of
dismissal is set aside on the ground that the domestic inquiry was bad and a
party is reinstated, it does not deprive the employer from holding a fresh
inquiry. If on fresh inquiry the worker is found guilty of misconduct, he will
not be entitled to back benefits. If he is found not guilty, he will be so entitled.
Meaning of “Approval of Employer” in sub section (4): Approval of
employer is required by law but it is not necessary that the approval must be
in writing. If the workman failed to establish that such approval was not
granted by the employer, dismissal of employee was not interfered with by the
supreme court
“S.O. 15(4) states that “approval of the employer” is required in
every case of dismissal. The definition of term employer indicates
that the person referred to as employer in the said definition may
either be the owner of the establishment itself or in case of a factory,
any person named under clause of section 9(1) of the factories act,
1934, as the manager of the factory. Clause (4) does not indicate
that the inquiry officer who conducts an inquiry against such
workman must be appointed under the order of the employer
himself. Even the order of dismissal of a workman is not required to
be passed by the employer himself. All that is required by the said
clause is approval of the employer before dismissal of a workman”.
Employees’ Service Rules adopted and approved by Member,
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National Industrial Relations Commission declared to be without
lawful authority: charge sheet issued against such employees after one
month of alleged misconduct and suspension for about three years, held,
patently illegal and arbitrary.
Employee dismissed for committing a criminal offence. Held, not
incumbent upon employer to prosecute employee in criminal court before
taking disciplinary action against him.
Conviction by criminal courts is not a perquisite for domestic action.
Assistance to accused workman: General Secretary of union not being an
employee of establishment cannot be allowed to assist accused workman
in his inquiry.
During domestic enquiry, only the accused workman has a right to seek
assistance/representation from another workman employed in that
establishment, and not an outsider even if he is office-bearer of the union.
Service terminated by way of discharge on full benefits and one
month’s salary in lieu of notice. Labor Appellate Tribunal’s findings
that action was justified and not a colorable exercise of power in
consonance with evidence on record. Such finding, held, could not be
interfered with by high Court.
No intervention form Labor Forums or higher Courts until the
completion of inquiry process.
Supply of inquiry Report & second show cause notice to workman.
These are not the requirements of law to provide worker with these
documents, but they may be furnished to the accused workman on the
basis of courtesy, natural justice and logically make sense before passing
any order of punishment. Non supply of these before punishment order
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will not invalidate inquiry proceedings. The inquiry officer would
communicate to the accused workman of the results or conclusion drawn
after completion of the inquiry process whether he has been found guilty
or not. Though it’s not a legal requirement but supplying copy of inquiry
report appears to carry more weight to avoid any potential legal problems
in court.
Supply of copy of enquiry report with second show cause to serve the
cause of natural justice. Clause (4) guarantees that the workman shall be
informed in writing about the misconduct within a month of date of such
misconduct and shall be given an opportunity to explain the circumstances
alleged against him
Second show cause notice at foreign address not necessary: if a
workman has gone to a foreign country then a notice should have been sent
to workman at his foreign address. Neither show-cause notice nor enquiry
report communicated to accused employee, dismissal of such employee
being against principles of natural justice is bad in law. As where a
workman was not supplied with copies of inquiry reports against him
before the order of dismissal, such dismissal held unlawful and awarded as
reinstatement upheld.
Second show-cause notice necessary after conclusion of domestic
inquiry and before imposition of penalty
Workman should be furnished with copy of inquiry report and also
given an opportunity to show-cause against the order of dismissal.
Supply of enquiry officer’s report and issue of second show-cause
notice to afford opportunity to employee to explain adverse findings of
enquiry officer necessary. Where this not done reinstatement by courts
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below held proper.
Domestic enquiry held behind back of workman and without being
duly served. In case of domestic enquiry, there is no legal requirement for
a worker to be furnished with copies of enquiry proceedings.
Non-supply of domestic inquiry report would not invalidate order of
dismissal in the absence of any prejudice caused by non supply.
Non service of second show-cause notice, which did not caused any
prejudice, before passing order passing order of dismissal would not
be invalided
Dismissal on misconduct without supplying inquiry report to
employee is illegal.
Suspension during pendency of enquiry without repeated order for
extension of suspension by four days at a time does not vitiate the
enquiry.
Serious defects and irregularities in the inquiry process was enough to
set aside the dismissal order but awarded only 50% of back benefits
due to complicity of employee in the dismissal. This is applicable where
both parties are found guilty by not presenting the cause or supporting the
allegations.
Employee who willingly and deliberately failed to participate in
domestic enquiry could not turn around and complain that enquiry
was conducted ex-parte against him and claim damages for wrongful
dismissal.
Step3: If employer is not satisfied with the explanation, he may suspend the
workman and shall institute independent inquiries by appointing an inquiry
officer to objectively determine whether the workman is guilty or not. Employer
includes the manager as per section 2 (c).
Control
The Human Resource department processes the Complaints and discusses
with the Chairman / Director for timely decision making so that complaint /
suggestion or Grievance of the employees can be sorted out and
implemented in true spirits & as soon as possible.
In case of any complaints the workers can communicate with Human
Resource and GM, Director or even with Chairman.
4) Where the services of any workman are terminated, the wages earned by him
and other dues, including payment for un-availed leave as defined in Clause
(1) of Standing Order 8 shall be paid before the expiry of the second
working day from the day on which his services are terminated.
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Where any workman is to be retrenched and he belongs to a particular category of
workmen, the employer shall retrench the workman who is the last person
employed in that category.
Provided that in the case of a seasonal factory within the meaning of section 4 of
the Factories Act, 1934 (XXV of 1934), a workman who was retrenched in one
season and reports for duty within ten days of the resumption of work in the
factory in the immediately following season (shall be given preference for
employment) by the employer.
Provided further that in the case of such a seasonal factory, the employer may by
sending notice by registered post to the last known address of a workman who was
retrenched in one season require him to report on a day specified in the notice, not
being earlier than ten days before resumption of work in such factory, and if such
workman so reports he shall be given preference for employment and paid full
wages from the day he reports.
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RESPONSIBLE PERSON
then recorded and circulated to all the participants as per distribution record
list.
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Date
1. Alegation1.
2. Alegation2.
3. Reference from the law supporting the facts that above allegations are considered as
misconduct.
5. In case the alleged employee fails to submit his/her written reply within stipulated period,
respective action can be taken against him/ her.
__________________________
Manager Human Resources
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1.2
Date
It has been reported against you that on Date of misconduct, main points of allegation
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________.
This act of yours tantamount to misconduct under the labour law. You are therefore directed in
your own interest, to submit your explanation in writing within _____days of receipt of this
notice as to why disciplinary action should not be taken against you.
In case you fail to submit your reply within the stipulated period, it will be assumed that you
have nothing to explain/produce in your defense and further action will be taken against you
according to the law.
________________________
Manager Human Resources
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1.3
The following format will state all allegations and actions that can be and that are taken
against the alleged person. Will be for only HR use
It must be remembered that the employment relationship is base on mutual consent of the
employee and the company. Accordingly, either you or the company can terminate the
employment relationship at will at any time, for any or no reason. Further, the company
can demote, transfer, suspend or otherwise discipline an employee in its sole and absolute
discretion.
1. The employee is being disciplined for the following misconduct and/or grievances in the
performance of his or her job duties.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
2. The following are any prior disciplinary discussions, notices or actions taken by the company
towards the employee. Verbal [ ] Written [ ] Written with ____days suspension without pay
[ ]. Other[ ](please describe):_______________________________________________
___________________________________________________________________________
___________________________________________________________________________
These previous discussions, notices or actions are referenced below by the date they took place;
the type of action, such as verbal, written, written w/ suspension; and the performance
deficiencies and/or misconduct discussed
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
3. Description of the current facts or incidences, such as what is the job related problem or
incident, when did it occur, where did it happen, related to the employee’s unacceptable level
of performance or misconduct.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
4. The employee is required to take the following actions to correct the performance
deficiencies indicated in this notice and to meet the performance standards of the job.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Future incidences of misconduct or unacceptable performance may result in further
disciplinary action to the employee, up to and including termination of employment.
5. Type of action this notice represents: Written [ ] written with____ Day(s) Suspension
without pay [ ] other Describe other:____________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Employee’s signature below signifies their receipt of a copy of this disciplinary action
notice:
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RECRUITMENT & HIRING POLICY (Doc # RPL-PL-012)
POLICY
RPL is strictly against the use of involuntary or forced labor, indentured,
bonded inside and also outside the working sphere and it is also does not
support the use of forced or compulsory labor in any form including bonded,
forced, and/or compulsory prison labor.
RPL prohibits all relevant individuals from coercing employees in any way
or unnecessarily limiting employees’ freedom of movement.
RPL is against the use of forced labor does and also do not do business with
vendors/suppliers who are found to be using forced labor in any form
through direct or in direct means.
RPL can employee a person in any of the employee category (Probationer,
Permanent, Badil, Apprentice or Temporary)
RPL will not employ any person below the legal minimum age defined by
the law in any of its departments. No Contract labor under the legal
minimum age is allowed to be provided by any of its Contractors also.
RPL does not support the practice of Child Labor workers in the company it
works or it serves employed by any of its suppliers or any others involved
with the company business.
RPL will discontinue business relations with such supplier who practice
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Child Labor or continued to do so even after insistence by Company to stop
and condemn such practice of child labor.
RPL will hire people on the basis of their merit and will look forward that
there should be no gender discrimination or discouragement for the disable
people.
Classification of Employees
Every type of employee would be given an employee card showing
Rules employee’s ID to show it to any person authorized by HR department
RANTEX PRIVATE LIMITED to inspect employee’s identity
Temporary employee is the one who has been engaged for a duty which is
Temporary temporary in nature and most likely to be completed within a period not
exceeding nine months (specified by the law).
Permanent Permanent employees are one who have passed the probation period (90
days)
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PROCEDURE
1. Documents for Age Verification
HR Department ensures and keeps a proper check and balance that the following
documents should be maintained with up to date information in all the personal
files of staff and workers whether they are directly employed or indirectly.
Copy of National Identity Card or,
Copy of Form B / Family Card or,
Birth Certificate or,
Copy of Education Board / University Certificate containing date of birth or,
At the time of hiring, for both direct and indirect employees HR Department make
sure to see the original and then keep the verified photocopies of the age
verification documents. Furthermore, after verification of the photocopies
documents is stamped “Checked” or signed by the HR Manager with the remarks
(SEEN ORIGINAL).
Hiring process for the direct employees local or foreigner) at RPL include the
following steps, after submission of signed or thumb marked job application (in
English or Urdu) is completed.
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Health and Safety
Company operational information
Worker hotline and grievance procedure
Issuance of confirmation letter at the end of probation period (defined by the
law).
Training will also provide to all foreigners workers before they leave their
home country.
Due to the high turnover rate in this sort of company, RPL has to employs the
services of labor contractor the reasons for the high turnover rate in this company
is due to the nature of this business which is mostly affected by fluctuating
business volumes and the prevailing economic situation.
The HR department is informed by other department heads about a new
vacancy is created in his department based on which the HR forwards their
request along with their requirements to the respective contractor.
Receiving of application/interview by the specific labor contractor for
suitability of the person in terms of skills, technical proficiency and work
experience.
Review of all the documents by the contractor and Company e.g. NIC, Form
B, academic certificates, work experience certificate all with its copy and
original. Or any other required as mentioned above.
Issuance of contract (describing his terms and condition of employment and
its acknowledgement) to the worker by the contractor
Two copies of contract are prepared among which one is given to the worker
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and other s kept in the personal file for record keeping after
acknowledgement from the employee is done.
Company provides training to all employees (direct, indirect, foreigners, etc)
on the content of the employees handbook and the following will cover in
the training:
Employees compensation and benefits
Hours of work
Workers involvement and communication
Worker treatment and workers rights i.e discrimination,
harassment, abuse, force labour, bonded labour, leave policy,
training policy, etc
Worker development opportunities
Health and Safety
Company operational information
Worker hotline and grievance procedure
HR Department maintains and updates the contractual workers file on behalf
of the contractor.
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Company are not supplying labor that is involuntary or forced.
RPL issues compensation directly to third party and makes sure that the
contractors are faithfully disbursing the payments to employees as a
representative of the company is present when the payment is made.
Job description of Security staff has been defined, limiting security tasks to
normal security matters such as the protection of property or personnel.
At the time of hiring HR managers ensures and others
i. The employee signs no bond as a token for continued employment or
a period thereof.
ii. All employees, original documents are only asked from the
employees for the verification of photocopy documents and after
verification, original documents will be returned to the employees
without holding.
iii. During the time of employee’s interview, the candidate is made
aware about the fact that he/she is under no compulsion to join the
company and similarly he/she is free to disassociate with the
company as per his / her own free will at any given time
HR manager ensures that the workers who are frequently doing overtimes
are under no pressure or threat from their respective Departmental Heads /
Contractors for compulsory overtime.
In case of employee leaving the company, HR manager has to know the
reasons by asking for it and if possible then resolving those reasons too.
Complain / Suggestion boxes are placed in the company if any employee
wants to report any incident he / she can use the suggestion box without
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mentioning his / her identity, the matter will be investigated and resolved by
the Companies Seniors, after discussing the complaint with Director if
required.
HR manager ensures continuous communication between workers and
management in which the issues related to the workers should be
communicated to the management for effective corrective and preventive
measures to ensure workers satisfaction.
RPL guarantees that any vacant position would be advertised to give a fair
chance to all
Physical Disability
In cases where the employee is physically disabled but his/ her disability
does not affect the nature of job for which he/she is seeking employment, the
company will not discourage these employees and will also provide them
with equal opportunity to seek employment on merit.
RPL ensures that the disability factor will not have any sort of negative
effect on employee’s allowances, leaves, salary or other perks that RPL
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offers to other employees.
Gender Biasness
RPL discourages the fact of gender discrimination so for the same type of
job, male and female employees both are employed on equal salary
structures and no discrimination is done.
In cases where any female seeks employment, RPL ensures that she is not
discouraged for employment due to fear of maternity leave or any other
reason.
It is also ensured that female employees are not made to go through
pregnancy testing.
Apprenticeship
RPL can hire employees as apprentices and ensures that they will get proper
training.
1. Procedure for the selection of apprentices
i. Advertisement: The vacancies will be advertised in the important
newspapers
ii. Employment exchange: Intimation about the vacancies shall be given
to the nearest Employment exchange
iii. Age limit: The minimum and maximum age for enrolment as an
apprentice shall be 15 years and 27 years respectively, provided that
in a second or further apprenticeship for any person the maximum age
may be more than 27 years where so authorized by the competent
authority.
iv. Medical Test: every apprentice must be physically fit at the time of
recruitment and the medical examination shall be done by a qualified
Doctor nominated by and at the cost of the employer.
2. Apprenticeship Contract
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i. The contract shall be prepared in triplicate and submitted to the
competent authority for registration, and after endorsement of
registration on all three copies the original shall be sent to the
apprentice, a copy sent to the employer and a copy retained by the
competent authority.
ii. No subsequent alteration or amendment in the contract shall be made
except with the prior approval of the competent authority
3. Probationary period
i. Every apprentice shall undergo a probationary period of 3 moths
commencing from the date of his enrollment as an apprentice. During
the period the employer as well as the apprentice shall be free to
terminate the apprenticeship but only after 2 weeks written notice has
been given by either party to the other under intimation to the
competent authority.
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RESPONSIBLE PERSON
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HOURS OF WORK & LEAVES POLICY (Doc # RPL-PL-013)
OBJECTIVE
The objectives of this policy are to inform you about different type of leaves
and what the procedures are when you plan to take leave or resume the work
once leave days are over.
Leave refers to the days which you do not attend the workplace or does not
perform for the company
POLICY
RPL informs each and every employee at the time of hiring regardless of the
designation about the Company’s policies and procedures and also the legal
limitations on the maximum number of hours of work per day, week, and
month, both regular and overtime, and the maximum number of consecutive
days they are legally required to work.
RPL strictly follows the legal limitations regarding the hours worked each
day and the days worked each week.
RPL provides one day off in every (as per law) seven-day period, except as
required to meet urgent business needs.
RPL implements a regular work day of 08 hours
RPL has an organized system of record keeping.
RPL defines the regular overtime requirements as maximum 2 hours / day /
worker and 12 hours / week if overtime works is required.
RPL allocated employees agreed rest breaks and identify whether they are
compensated.
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RPL make sure if workers are engaged in overtime on Gazette holidays.
They are paid overtime for the day as well as given a CPL of 1 day.
RPL defines the normal workweek as 06 days from Monday to Saturday,
designates day off for rest as “Sunday”.
RPL designates days off for legal holidays as per gazette holidays.
Time keepers will maintain employees working hours through software and
working hours will be calculated accordingly.
Red flag or alert system when workers will work at risk of excessive
overtime.
HR and production planning department will monitor regular hour of
works are within legal limits per week.
PROCEDURE
LEAVE PROCEDURES
According to the department all leave plan, you may fill a “leave
application” form and forward it to Human Resource department with your
HOD‘s approval. Departmental ma na ge r s ho uld mo nit or p ro pose d
leave pla ns to e ns ure ope ra t io na l effectiveness is maintained.
Human Resource department will scrutinize your leave entitlement and
will advise if your requested days are more than your vacation balance
days or not.
You are responsible for promptly notifying the company of any
circumstances which may delay your return from leave.
OVERTIME WORKING
Monday ---Saturday: 05:00 p.m. ---07:00 p.m. not more than 2hrs in a day
and 12 hrs in a week.
Whenever any department Head feels the need have overtime production to
meet the production targets, he/she can submit an application to the HR
department identifying the departments and/or persons for overtime,
duration of overtime and activity to be done during overtime. This can be
done on any of the working day depending on the work load.
Pre approval form should be submitted to HR Department with sign of GM
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(Operations). This form should be approved before 2 Hrs closing of shift
timing by the approval of GM Operations.
HR department has to keep a regular check and balance to verify the
allowable hour’s limits for each worker, considering 12 hours maximum
limit for overtime in a week.
In case where the HR department finds out that the worker asked to work
overtime has already reached the maximum limit then the HR has to
communicate with the specific department head to ask some other worker
to do this job.
Timekeepers from the HR department have to keep overtime hours through
attendance system for all employees.
HR department should be strict to not to cross the maximum limit of
overtime hours in a day except in urgent business needs.
RPL obtains acknowledgment from employees as to the total regular and
overtime hours worked.
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WORKING DUE TO URGENT BUSINESS NEEDS
RPL has a right to increase the overtime limit or to work on holidays if any of the
following situations are met:
1) Any external or internal unplanned failure that can stop the production
operations.
2) Any law and order situation in city such as Strike
3) Fire, Earthquake and other natural calamities, Bomb Threats etc.
4) Very late delivery by suppliers
1. LEAVES / HOLIDAYS
As per Labour Law, all the employees are entitled to below official public
holidays with full pay.
1) 9th and 10thMoharam
2) Eid ul Fitr
3) Eid ul Azha
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4) Birth of Holy Prophet (12 Rabi ul awal)
5) Kashmir Day 5th February
6) Pakistan resolution day 23rd March
7) Labor day 1st May
8) Independence Day 14th August
9) Quaid-e-Azam Day 25th December
Besides allowing all gazette holidays, Company also grants its employees the
following type of Leaves (as provided by the law).
1) Casual Leaves 10 full days with pay (from date of joining)
2) Sick Leaves 8 full days with pay (from date of joining)
3) Earned Leaves 14 full days with pay (after one year of service)
4) Maternity Leave 90 days with full pay
1. Earned Leave
Entitlement
Every employee who has completed one year of continues service shall be entitled
to Earned Leaves with full pay for 14 days.
Utilization
The AL earned during one service year will be available for utilization in the
service year following. This arrangement will continue during the total period
of employment. A maximum of fourteen leaves can be carried over into the
next year.
The EL balance remaining unutilized at the end of utilization year will be carry
forward to next year and the maximum balance will be 28 days. More than that
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will be lapsed.
Limitations (AL)
2. Casual Leave
Entitlement
Every employee is entitled for ten days casual leave with full pay from the date of
joining. The leave should be availed in case of extreme emergency or should be
planned in advance. Maximum three leaves can be availed at a time, however in
case of emergency the complete quota can be exhausted at once.
Utilization
CL cannot be carried forward to next year it has to be availed in the present
Limitations (CL)
Weekly and / or festival holidays falling in between the CL will be treated as
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CL. However in case if CL is availed with prior permission of the
Management / Executive an exception may be made.
CL cannot be combined with SL or EL. However in case of personal marriage
and for employees appearing in the examination this limitation may be
exempted depending on the merits of each case individually.
3. Sick Leave
Entitlement
Every employee will be entitled to 8 full days with pay is allowed from the date
of joining.
Utilization
The SL during the every service year (Starting from the date of joining and
ending on the date of joining) year has to be utilized within that year.
Limitations (SL)
Any SL exceeding the period of 2 days should be supported by a medical
certificate
SL cannot be availed with CL or EL until or unless a serious matter is
reported.
Weekly and / or festival holidays falling in between the SL will be treated as
SL. However Management / Executive can exempt depending on the nature
of the case.
SL availed in excess of entitlement may be treated as CL, EL or LWOP
depending on the nature of sickness and discretion of the Executive /
Management.
4. Maternity Leave
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Entitlement
Every women employed in factory for a period of not less than nine months
immediately preceding the date of her delivery is entitled to receive from her
employer maternity benefit at the rate of her average daily earnings
calculated to the nearest paisa in the manner provided in the sub section 2 of
section 4 of the ordinance, or at the rate of one rupee and fifty paisa a day,
whichever is greater, during the six weeks immediately preceding and
including the day of her delivery and for the six weeks immediately
following that day.
Utilization
A pregnant woman entitled to maternity benefit may give notice to her
employer that she expects to be confined within the following six weeks. If
such notice is not given before the birth of the child, it must be given within
7 days of its birth. The notice may be given either orally in person, or in
writing. Where a notice is given in writing, if it is given before birth, it will
be in form B and if given after birth, it will be in form C appended to the
west Pakistan Maternity benefit Rules, 1961.
Maturity benefit is payable to women entitled to receive it but if she dies and
her child survives, the benefit due is payable to the person who take care of
the child; if both the women and the child die, the benefit due is payable to
the women’s nominee or her legal representatives.
Limitations
A woman must not work in a factory during the period for which she
receives maternity benefit. Failure to adhere to this rule will render her liable
to persecution.
An employer may not dismiss a women during the period for which she is
entitled to be absent from work, and if dismissed without sufficient cause
within six months before delivery, she shall still be entitled maternity benefit
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All payments against claims for maternity benefit shall be made in cash and
receipts therefore shall be taken
Every employer of factory in which women are employed shall submit to the
director of labor welfare, West Pakistan, by the fifteenth January in each
year, a return in Form D appended to the West Pakistan Maternity Benefit,
1961, for the previous calendar year.
MATERNITY PROCEDURE
“Maternity benefit” means the amount payable under the provisions of this
Ordinance to a woman employed in the organization.
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establishment shall be entitled to, and her employer shall be liable for, the payment
of maternity benefit at the rate of her wages last paid during the period of six
weeks immediately preceding and including the days on which she delivers the
child and for each day of six weeks succeeding that day:
Provided that a woman shall not be entitled to maternity benefit unless she
has been employed in the establishment of the employer from whom she claims
maternity benefit for a period of not less than four months immediately preceding
the day on which she delivers the child.
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subsection (1) of section 5 for the benefit of all her legal representatives, or, if she
has made no such nomination, to all her legal representatives.
(2) If a woman dies during the period for which she is entitled to
maternity benefit but before she is delivered of a child, the employer shall be liable
only for the period upto and including the day of her death, provided that any sum
already paid to her in excess of such liability under clause (i) of sub-section (3) of
section 5 shall not be recoverable from her legal representative ; and any amount
due at the woman’s death shall be paid to the person nominated by her under sub-
section (1) of section 5, or [for the benefit of all her legal representatives, or, if she
has made no such nomination, to all her legal representatives.
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Labour Welfare whose decision shall be final.
Penalty for working for payment during permitted period of absence:
If a woman does any work in the company for which she receives payment in cash
or kind after she has been permitted by her employer to absent herself under the
provisions of section 5, she shall be liable to a fine not exceeding one hundred
rupees.
Cognizance of offences:
(1) No prosecution under this Ordinance shall be instituted except
by, or with, the previous sanction of the Inspector of Factories
and no such prosecution shall be instituted until the expiry of
the period of appeal under sub-section (2) or, if such an appeal
is preferred, unless the Director of Labour Welfare by his order
thereon, sanctions a prosecution.
(2) Where the Inspector of Factories decides either to institute a
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prosecution under this Ordinance or to grant sanction thereto,
he shall forthwith communicate his order to the person
complained against, who may, within thirty days of the date of
the said order, appeal to the Director of Labour Welfare against
such decision; and the decision of the Director of Labour
Welfare on such appeal shall be final and shall not be liable to
be contested by suit or otherwise.
(3) No Court inferior to that of a magistrate of the first class shall
try any offence against this Ordinance or any rule made there
under.
Limitation:
No Court shall take cognizance of any offence against the Ordinance or any rule
made there under unless complaint thereof has been made to the Inspector of
Factories within six months of the date on which the offence is alleged to have
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been committed.
Rules:
(1) Government may make rules to carry out the purposes of this
Ordinance.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for:
(a) the preparation and maintenance of a muster roll or
register or combined muster roll and register and the
particulars to be entered in such muster roll, register or
combined muster roll and register or in the register kept
or deemed to have been kept under section 41 of the
Factories Act, 1934;
(b) The inspection of organization for the purposes of this
Ordinance by the Inspector of Factories;
(c) The exercise of powers and the performance of duties by
the Inspector of Factories for the purposes of this
Ordinance;
(d) The method of payment of maternity benefit in so far as
provision has not been made in this Ordinance;
(e) The forms of notice under clause (a) and clause (b) of
sub-section (1) of section 5; and
(f) Procedure to be observed in the disposal of appeals under
sub-section (2) of section 7 or subsection (2) of section
10 or section 11.
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(3) Any such rule may provide that a contravention thereof shall be
punishable with fine which may extend to two hundred and fifty
rupees.
(4) All rules made under this Ordinance shall be laid before the Provincial
Assembly, as soon as may be after they are made, and if the Assembly within
next subsequent seven days on which the Assembly has sat after any such rule
has been laid before it, resolves that the rule shall be annulled, the rule shall
forthwith be void, but without prejudice to the validity of anything previously
done there under or to the making of a new rule and holding meetings and
training sessions to guarantee that the policy
Annual holidays
(1) Every worker who has completed a period of twelve months continuous
service in a company shall be allowed, during the subsequent period of
twelve months holidays for a period of fourteen consecutive days, inclusive
of the day or days, if any, on which he is entitled to a holiday under sub-
section (1) of section 35.
(2) If an employee fails in any one such period of twelve months to take the
whole of the holidays allowed to him under sub-section (1), any holidays not
taken by him shall be added to the holidays to be allowed to him under sub-
section (1) in the succeeding period of twelve months, so however that the
total number of holidays which may be carried forward to a succeeding
period shall not exceed fourteen.
(3) If an employee entitled to holidays under sub-section (1) is discharged by
the company before he has been allowed the holidays, or if, having applied
for and having been refused the holidays, he quits his employment before he
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has been allowed the holidays, the company shall pay him the amount
payable under section 49-C in respect of the holidays.
Festival Holidays:
(1) Every worker shall be allowed holidays with pay on all days declared by
the Provincial Government to be festival holidays.
(2) A worker may be required to work on any festival holiday but one day's
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additional compensatory holiday with full pay and a substitute holiday shall
be allowed to him in accordance with the provisions of section 35.
Where a worker: In a non-seasonal factory works for more than nine hours
in any day or for more than forty-eight hours in any week, or in a seasonal
factory works for more than nine hours in any day or for more than fifty
hours in any week, he shall be entitled in respect of the overtime worked to
pay at the rate of twice his basic rate of pay.
RESPONSIBLE PERSONS
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and overtime hours and days of rest information in the local language(s) of
RPL’s workers and management personnel.
HR manager is responsible for managing the work in a way that it should not
cross the limitations of working hours. It can be done by communicating,
deploying and monitoring the practice of ensuring that all work is performed
within the prescribed regular or overtime hours per day, week, or month.
Weekly hours:
No adult worker shall be allowed to work in a company for more than forty-eight
hours in any week, or, where the company is a seasonal one, for more than -fifty
hours in any week:
Provided that an adult worker in a company engaged in work which for technical
reasons must be continuous throughout the day may work for fifty-six hours in any
week.
Weekly holiday:
(a) He has had or will have a holiday for a whole day on one of the three
days immediately before or after that Sunday, and
(b) The manager of the factory has, before that Sunday or the substituted
day, whichever is earlier,
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Provided that no substitution shall be made which will result in any
worker working for more than ten days consecutively without a
holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered
to the office of the Inspector and a notice displayed in the factory not later
than the day before the Sunday or the holiday to be cancelled, whichever is
earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker
works on a Sunday and has had a holiday on one of the three days
immediately before it, that Sunday shall, for the purpose of calculating his
weekly hours of work, be included in the preceding week.
Compensatory Holidays:
(1) Where, as a result of the passing of an order or the making of a rule under
the provisions of this Act exempting a factory or the workers therein from
the provisions of section 35, a worker is deprived of any of the weekly
holidays for which provision is made by sub-section (1) of that section, he
shall be allowed, as soon as circumstances permit, compensatory holidays of
equal number to the holidays so lost.
(2) The Provincial Government may make rules prescribing the manner in
which the holidays, for which provision is made in sub-section (1), shall be
allowed.
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Objective of Induction
To ensure that a new employee settles down smoothly into organization so that he
reaches a standard level of performance as soon as possible.
Salient Benefits
It gives maximum relevant information to the new employee in the shortest
time.
It eliminates the feelings of uneasiness, anxiety, apprehensions etc. in the
new Employee.
It familiarizes the new Employee with the Business Goals, Organization set
up .its Operations, People etc so as to make him productive at the earliest.
It enhances the image of the organization as people friendly organization.
It helps in reducing the turnover of the employees
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Focus of Induction
Efforts have to be made by all concerned to integrate the Induction Process withthe
“Goals and Objectives” of the Organization so as to make it result oriented and
dynamic.
Scope of Induction
The practice of Induction will be applicable to all new employees.
Responsibility
Manager HR shall be responsible for administering the process of Induction.
Method of Implementation
An appropriate Induction Schedule shall be prepared by HR just after the
selected employee confirms his date of joining.
The prepared Induction Schedule shall be sent to all concerned well in advance
and a copy of it has to be given to the new employee on the day of his joining the
organization along with the guidance as how to go about it.
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SCOPE
This procedure is applicable at all types of employees.
PROCEDURE
RESPONSIBILITY
o Under supervision of General Manager HR & Compliance, CFO
ensures the compliance against this policy.
DEFINITIONS
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For the purpose of this principle the following definition will be applicable:
Classification of Employees
Every type of employee would be given an employee card
Rules showing employee’s ID to show it to any person authorized by
HR department RPL to inspect employee’s identity.
Permanent Permanent employees are one who has passed the probation
period (90 days).The staff/workers the company hires for work
of permanent nature. These employees receive an appointment
letter from the company specifying their terms of employment.
These employees receive their payments on a monthly basis.
Management staff probation period will be 180 days.
Temporary employee is the one who has been engaged for a
Temporary duty which is temporary in nature and most likely to be
completed within a period not exceeding nine months
(specified by the law).
Probationer is a status of an employee when he/she is employed
Probationer and is in the process of completing the first 90 days in which
the employer will judge his performance and would decides that
whether the person is capable enough or not.
Apprentice Apprentice is a person who is employed at RANTEX PRIVATE
LIMITED for the purpose of training in a specific department.
Contractual The staff/worker, which the company hires for work of
temporary nature. These employees are hired through a contract
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directly between the company and the worker, specifying their
terms of employment. These employees can be hired on daily
wages and they works on contract basis for a specific period
(not more than 9 months).
SALARY/WAGES
Salary/Wages of the workers includes all allowances and special allowances
as admissible under the law. Company makes sure that salaries of employees
are not deducted as a matter of punishment imposed from any superior to
subordinate.
PAYMENT SCHEDULE (PAYDAYS):
Paydays
o Employees who are paid on monthly basis are paid on the 5 to 10 day
of the month. Each salary will include earnings for all work performed
through the end of the previous payroll period or calendar month.
MINIMUM WAGES:
o The company makes sure that no worker receives pay less than the
minimum wage prescribed by the local law to unskilled workers.
o All workers including home workers and foreign workers will receive
information from HR Department on base wage, overtime, incentive,
compensation and benefits.
Direct / Indirect employees:
o Company makes sure that all the salaries/wages of permanent and
contractual staff are in accordance with the labor law and disbursed
through an adequate procedure on a defined schedule.
o All workers including foreign and home workers receive wage
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premiums for overtime and work performed on weekends and
holidays as required by law.
Provident Fund
o All employees who have completed three months services are eligible
for membership of RPL Employee Provident Fund Scheme. An
employee will contribute an amount equivalent to one month’s basic
salary in a year (8.33% of monthly basic salary and basic salary is
equal to 66.67% of GS) towards the Provident Fund Scheme and an
equivalent amount will be contributed by the company.
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o As defined under the local laws the company has insured all its
employees against death and injury leading to permanent/partial
disability to the maximum legal coverage of Rs. 400,000/-.
OVERTIME
o Company makes sure that workers get their overtime (if required) at
double the ordinary rates of their salary/wages. Formula for
calculating overtime payment is appended below:
Monthly Salaried Staff/ Workers:
o Gross salary ÷ 26 ÷ 8 = Rate x 2 = Rate of
Overtime.
PROCEDURE
In RPL, wages are set in such a manner that they earned for regular hours
worked (i.e. not more than 48 hours) are sufficient for the workers.
If due to urgent business needs the organization wants its employees to work
for extra working hours, the employees stay free to make decisions for
overtime. If an employee works for extra hours voluntarily, the maximum
limit is 2 hours daily or 12 hours per week and 48 hours per month.
The overtime is paid at double the rate of the gross pay.
DEDUCTIONS
The company ensures that deductions from wages are not made for disciplinary
purposes. Deductions from the salaries of the employees are made on the following
grounds.
Loan Installments
Income Tax
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EOBI
Other deduction accordance with the timelines dedicated
by law.
PAYMENT MODES
Salaries are paid monthly basis through cash / cheque in a manner convenient to
the employees.
INCREMENTS
Increment is based on the annual performance appraisal systems.
RESPONSIBLE PERSON
HR / Compliance Manager and GM HR & Compliance are responsible for:
o Proper communication of company’s policy on minimum wages,
overtime compensation rates, legally mandated benefits and additional
payments etc.
o Organizing training programs to ensure that the policy is properly
communicated and understood, the attendance of the training is kept
as record.
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Training fills the gap between the present level of performance and the expected
level of performance.
Training has to be need based, Business focused, well planned, well administered
and well evaluated.
Objective
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Procedure
The activity of identification of training needs shall be done once in a year for
training to be provided during July to June. The need identification shall be done
through
(a) Technical Training: All Job/ Work related training need shall come
under Technical training.
(b) Behavioral Training: All training needs related to employees behavior
& attitude shall come under Behavioral Training.
Methodology
RPL will identify training courses and identify staff to attend such courses
from time to time.
RPL will also encourage staff to pursue further training on their own, strong
internal coordination and cooperative environment provide comfortable
learning to all employees.
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Training and development programme shall only be offered after a through
need assessment by the Human Resource Department in consultation with
the Departmental Heads.
Trainees shall be nominated by their respective immediate supervisors with
relevance to their Performance Plan, whereupon the Human Resource
Department will consider such nominations for confirmation or otherwise.
It is the responsibility of the concerned department to ensure that the
subordinates undergo the specified Training. Once it is decided to nominate
any employee for a training programme; it will be the responsibility of the
HOD to relieve him for such programme.
HR department must ensure that the employees are trained to levels
appropriate to their roles in order to perform effectively in the best interest
of themselves, of other and of the organization.
Training programmes can be organized in house and for specialized training
employees can be sent to external venues.
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Proper annual evaluation of performance & competencies and reward and
recognize the same accordingly
Review of salary, assignment and career path
Feedback to the Appraisee in a positive manner about his current level of
performance strengths and areas requiring improvement in order to facilitate
the overall development of the employee.
Provide a basis for Promotion to higher salary ranges and functional
responsibilities.
To build an organizational culture where employees feel free to discuss their
aspirations, problems and support required
To assess the potential of an employee
HRD and HODs will be responsible for the formulation of performance appraisal
schedule. After the approval of schedule by the Managing Director, the
Departmental Head will conduct the performance review sessions with every
worker in the presence of Asst. HRM. The Section Head will be responsible to
complete all sections of the Performance Evaluation Form. Approximately, 05-10
minute discussion is recommended for the performance evaluation session.
The activity of Performance review of workers and support staff will be carried out
in the month of July and the Asst. HRM will ensure that the activity should be
completed within 20 (twenty ) days.
For Officers and Managers, the concerned HOD will be responsible to complete all
sections of the Performance Appraisal Form and to mark appropriate performance
ratings and hold a performance discussion with the officer in the presence of Asst.
HRM, in a private room or office. Approximately, 15-20 minute discussion is
recommended.
Performance Review Period will be from Jun – July (Financial Year) and the
Increments will be effective from 1st July. Performance Appraisal will be an
Annual Exercise.
The assumption is that routine tasks are an integral part of an employee’s job and
the expected to be executed in the normal course. KRAs are distinct predetermined
S Specific
M Measurable
A Achievable
R Reviewable
T Time bound
Good (GD): Indicates very good performance where results surpass high
expectations. The Assessee will have consistently exceeded targets and displayed
commendable grasp of the job together with initiative and leadership which
requires minimum supervision.
Calculation for the appraisal – Appraisal has been divided into five stages of
rating. All the five stages have their range of scores like:
RATING SLAB
UNSATISFACTORY No Increment.
(USR)
Salary Increments
Promotion Interview
A happy, content and motivated staff gets sufficient chances of growth at RPL. In
this regard, the Management has established “Assessment Center” to look after the
possibilities of promoting our internal candidates against any vacancies.
The Human Resource Team at RPL make conscious efforts to set the workforce
development strategy for the organization, assess current workforce characteristics
and future needs by aligning the HR policies with organizational mission, strategic
goals, and performance outcomes.
Note
1. Scope
This procedure describes the process of emergency preparedness and response
to prevent the incidental health, safety and environmental impacts with in
RANTEX Private Limited. It is applicable to all the departments and areas of
RANTEX.
3. Responsibility
a. It is the responsibility of HR / Compliance Department to provide training
to employees to handle any emergency situation.
b. QHSE Officer is responsible to ensure emergency plans are being followed
as defined.
4. Procedure
4.1 Emergency Preparedness
All emergencies such as fire, oil spill or any other health, safety and
environmental incidents where there is damage to life, environment or
property must immediately be reported to the concerned supervisor who
will then handle the situation according to the circumstances.
Emergency preparedness of RANTEX Private Limited includes the
following:-
5.1.1.Emergency Response Team (ERT)
a. The “ERT” members are company’s employees who are, or may
be required at an emergency site.
b. In any emergency situation ERT mission is to:
Protect life safety
Secure company’s critical infrastructure and facilities
Resume the process and production
Protect environment from adverse environmental effects
of any incidence
c. The “ERT” members shall include representatives from different
departments.
d. Names of the emergency response team members are displayed at
appropriate locations in each department.
The Emergency Response Team members of the area wash the affected
area with excessive plain water.
In case of eye contact, affected eye is washed with clean water for about 15
minutes.
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4.9 Air Emissions
In case of any excessive emissions which are hazardous to health, safety or
environment, the related process is immediately shutdown to avoid the
impacts of emissions. The emergency response team of the area reviews
the situation and decides whether to continue the process or not. If the
situation is severe the process is kept halted and immediately reported to
QHSE officer, who take further appropriate actions to resolve the issue.
From a safe location, dial 1122 and advise them of the location of the
explosion and, if known, its seriousness and any possible injuries to
personnel. Be sure to give your name, office location, and telephone
extension. Do not hang up until released by them.
Advise emergency personnel about the explosion area and any personnel
who may have been injured.
4.12 Earthquake
If outside the building, stay in an open area away from trees, buildings,
walls, and power lines.
If driving, pull over and stop. Avoid overpasses and power lines. Stay
inside the vehicle until shaking stops. If the earthquake was severe, do not
attempt to cross damaged walls or buildings.
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The “Earthquake Procedure” provides the detailed guidance about what
to do in such an incident
Date: __________________
DOCUMENTRY RECORD
REV
DATE Dept DCR No NATURE OF AMENDMENT
No
DOCUMENTRY RECORD
___________________ __________________
a. Team Leader
b. Fire Fighting
c. Evacuation
d. First Aid
Date Kit
Date of Inspection Complete (Y or N) Inspected By
Updated
GRIEVANCES POLICY
If the complaint is against the supervisor/HOD then the worker will report
the incident to the HR who will inform the director if necessary.
In case any manager / Incharge are involved in such instances the worker
can directly approach the director.
The Inquiry team will have 10 regular working days in which to respond to
the relief requested.
Should the Inquiry team fail to respond within the 10-day time limit or if the
employee finds the response unsatisfactory, the employee may present a
written appeal to the HR / Compliance Manager, clearly specifying the
grievance and the relief requested. The HR / Compliance Manager should
respond in writing within 10 days of receipt.
Based on the objective evidences available and from the feedback of other
workers as well as on the past behavior, investigating officer may decide the
following:
• Terminate the worker through legally provided means.
• Retain him / her with last warning.
• Issue legal notice to the offender, a copy of which is kept in his / her
personal file. In case of repetition of such act further legal procedure is
followed which may result in termination of services.
• In case that the incident is deemed to be of a serious nature by the
investigating officer then it can result in immediate termination following
the appropriate legal procedure. Results of investigation and actions decided
will be filed in the personal file of the particular employee.
RESPONSIBLE PERSON
Voluntary Terminations:
Procedures
2. Employees who possess a security clearance must meet with the security
officer for a debriefing no later than their last day of employment.
Involuntary Terminations
The inability of an employee to perform the essential functions of his job with or
without a reasonable accommodation may also result in an involuntary termination.
An employee may also be discharged for any legal reason, e.g., misconduct,
tardiness, absenteeism, unsatisfactory performance or inability to perform.
Procedures
2. The termination review board will be responsible for reviewing the situation
and determining if discharge is warranted. If the board recommends
discharge, the employee’s manager and an HR department will notify the
employee. The employee’s manager should complete an Employee Change
Form or e-mail HR to confirm the last day worked by the employee.
Death of an Employee
A termination due to the death of an employee will be made effective as of the date
of death.
Procedures
Final Pay
An employee who resigns or is discharged will be paid through the last day of
work, plus any unpaid benefit, less outstanding loans and advances. In cases of an
employee’s death, the final pay due to that employee will be paid to the deceased
employee’s estate.
The employee's manager should ensure that the Time office receives the deceased
employee’s timecard.
To develop and promote a culture where all individuals receive fair and equal
treatment in all aspects of employment whilst embracing the benefits of working
within a diverse workforce.
Disciplinary action will be taken against any employee who breaches this policy
and serious breaches will be treated as gross misconduct. All employees will be
helped and encouraged to develop their full potential and the talents and resources
of the workforce will be fully utilized to maximize the efficiency of the
organization.
To that end, the purpose of this policy is to provide diversity and equality to all in
employment, irrespective of their protected characteristics such as; gender, race,
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ethnic origin, pregnancy, disability, age, nationality, religion or belief etc. We
oppose all forms of unlawful and unfair discrimination.
All employees will be treated fairly, equally and with respect. Selection for
employment, promotion, training or any other benefit will be on the basis of
aptitude and ability.
Our Commitment:
The responsibility for enforcement of this policy rests with Company Director,
who will monitor the effectiveness of the policy and associated initiatives. All
employees have an obligation to avoid discrimination and promote equal
opportunities. The implementations of initiatives in support of the policy are the
responsibilities of the Directors, General Managers, Managers and Supervisors.
This Equality Policy will be reviewed annually in each year.
PROCEDURE
EMERGENCY PROCEDURES
EMERGENCY:
• Fire / Smoke.
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• Bomb Blast / Threat of Bomb Blast.
• accidental release / discharge of environmentally dangerous material
• Industrial accident
RESPONSE TO EMERGENCY:
ACTION OF DISCOVERER:
A person who first detects any of the above mentioned conditions of emergency or
any other “unusual” conditions which can be assessed as the reason for emergency
condition, first inform the area supervisor, informs the security guard, informs the
emergency alarm responsible person to be ready for supervisor instruction.
On information from the person or worker, supervisor shall assess the situation;
inform General Manager/ Compliance Representative/Security in charge. Instruct
and ensure that alarm goes on. Ensure everyone of his area proceed to the
designated emergency assembly points.
INDUSTRIAL ACCIDENT
• Portable and fixed fire protection equipments are provided for entire factory
areas. It consists of fire hydrant and extinguishers and fire buckets, which
are available for use before the ERT arrives (provided the associate has been
trained in fire fighting operation).
• The c is responsible for monthly inspection, maintenance and required
record-keeping of all portable fire extinguishers and fire trolleys and fire
hydrant operation. Any used or damaged extinguisher or trolleys should be
reported to the Compliance Manager.
• Properly marked fire extinguishers are provided in ample quantity for all the
production areas.
Fire Buckets
• Properly marked fire buckets are provided to all the main production areas.
• fire hydrant hose point installed in each department oust side wall and stairs
Emergency Light
The Safety & Health rule requires emergency lighting within facilities at the
following areas:
RESPONSIBLE PERSON
PROCEDURE
Company is committed to dispose off every single piece of paper, fabric, used first
aid, used poly bags, used thread cone which are identified as waste. Since the
nature of production is <mainly warping, dyeing, Weaving & finishing> with cut
pieces of fabric as the main waste, the
Sweepers / Cleaners are responsible that on daily basis they collect those
poly bags from packing which cannot be used again and are identified as
waste in a poly bag and dump it in a dust bin which is marked as “Poly Bag
Waste Area”
That those bags / poly bags fill with un useable poly bag waste sale to local
vendor with which company has make an agreement that they will dispose
off that waste properly without polluting the environment.
Sweepers / Cleaners are responsible that on daily basis they collect those
thread cones from warping which cannot be used again and are identified as
waste in a poly bag and dump it in a dust bin which is marked as “Used
Cones Waste Area”
That those bags / poly bags fill with un useable thread cone waste sale to
local vendor with which company has make an agreement that they will
dispose off that waste properly without polluting the environment.
4) Waste of First Aid Box Responsibility: First Aid Box Inspector Procedure:
Sweepers / Cleaners are responsible that on daily basis they collect sanitary
waste from washroom in a bag / poly bag and dump it in a dust bin which is
marked as “Sanitary Waste Area”, so they can be properly disposed off.
RESPONSIBLE PERSON
Clean up: Area workers may clean up spills of Hazardous materials under the
direction of the CM / Incharge.
PPE to be worn: If the Incharge has any doubt, a CM must be contacted. The
minimum personal protective equipment for spills shall include:
Immediate Actions
The primary concern is to protect health and safety no action should be taken
during an emergency response that directly or indirectly puts human health and
safety at risk.
Weapons Ban
RESPONSIBLE PERSON
PROCEDURE
RESPONSIBLE PERSON