TERMS AND CONDITIONS OF SERVICE
(Valid from 1 January 2009 till 31 December 2011 - 假设)
Your Terms and Conditions of service shall follow the terms as explicitly stated in your Letter of Employment. The general principles, rules and conditions stated in this Handbook and/or any other instructions which may be issued to you from time-to-time by the Management. It is to your interest to be fully conversant with the expressed terms and conditions contained herein. Should you however, require any further clarification of interpretation, you should discuss with your immediate superior or the Managing Director.
Any employee who is covered by a separate Contract of Service will be excluded from the scope of the terms and conditions stated hereunder.
1 RECRUITMENT PROCEDURE
1.01 Where required, the employee has to undergo pre-employment medical examination, and certified to be medically fit for employment and free from substance abuse, by the Company's doctor. Requirement to undergo medical examination shall be mandatory for Drivers, Production and Warehouse employees. Others are to be decided by Management on case-by-case basis.
1.02 Employee has to furnish the relevant documents such as (copies of) Identification Card, driver’s license and educational certificate on his/her first working day with the Company.
1.03 Admin Department shall prepare a Letter of Appointment in duplicate and present it to the employee for acceptance, before he/she commences employment. The Letter of Appointment must be signed by his/her immediate superior or the Managing Director.
2. EMPLOYEE’S PERSONAL DATA
Employees are required to report to the Management, in writing, any changes in civil status, home address, and number of children. Employees are also encouraged to report to the Management his/her achievements, particularly, in the areas of educational and civic activities from time to time.
3.01 Unless otherwise waived in writing, all new employees are required to undergo a probationary period of three (3) months in the first instance. This is subject to extension based on individual performance and such extension shall be notified in writing. Normal extension of probationary period shall not exceed three (3) months duration. However if circumstance requires so, the Company may extend the probationary period further.
3.02 Upon successful completion of the probationary period and having satisfied the Company in general and specific requirements, an employee shall be given a Letter of Confirmation.
3.03 The Company may terminate an employee during the probationary period due to his inability to perform the assigned duties, poor performance, excessive absenteeism, disciplinary issues, tardiness, or other reasons of being unfit for permanent employment by giving one (1) day written notice or salary in lieu of notice. Likewise, the employee may terminate its services by giving the same notice or pay in lieu of notice.
3.04 It is not within the Company’s common practice to award an increment of salary at the end of the probation period. Any increment is at the sole discretion of the Company
4.01 The Company shall maintain a policy of promotion amongst its capable employees and at its sole discretion, may promote suitable candidates to any position of the higher category as it deems fit. Such promotion is based on the capabilities as well as the suitability of the employee.
4.02 An employee selected for promotion to a higher category may be required to undergo probation for a minimum period of three (3) months from the date of promotion and with a revised salary.
4.03 If the candidate fails to fulfill the requirement for promotion, the employee shall be reverted to his former position and salary, or he may be reassigned to a new position of a similar capacity to the former position.
4.04 Upon confirmation of such promotion, an official letter shall be issued to the said employee and an official announcement shall be made.
4.05 The Company may at its sole discretion require an employee to relieve another fellow employee at a higher grade for a specified duration and this shall be considered as a relief assignment and not a promotion.
5. TERMINATION OF SERVICE
5.01 Termination of Service may be due to:
* Resignation of employee (for any reason)
* Dismissal of employee by Company
* Death or permanent incapacitation of the employee
* Retirement of employee
5.02 In the event of termination by either the Company or the employee, the party effecting such termination shall give notice to the other as follows:
* One (1) day written notice for employees who are not yet confirmed
* One (1) month written notice for confirmed employees.
* Unless a longer notice period has been specifically stipulated in the Letter of Appointment.
5.03 Upon termination of service, the employee may use the balance of his annual leave to offset the whole or part of the notice period. In the event of the employee having to serve part of or the entire notice period, the Company shall reimburse him of any balance of annual leave based on his last drawn salary scale.
5.04 It is the sole discretion of the Company whether to allow this balance annual leave to be used to offset the notice period, or to reimburse the employee accordingly.
5.05 Notwithstanding the above provision, the Company reserves the right to terminate an employee after a domestic inquiry, without serving any notice nor any notice in lieu, in the event of grievous misconduct, breach of contract of service, criminal breach of trust, or any illegal activities by the employee.
5.06 The employee shall return all Company items issued to him on or by the last working day (unless another date is agreed on by the Company) such as uniforms, stationeries, computer, hand phone, company car, etc., in good condition other than normal wear and tear. Otherwise, the Company shall be entitled to recover the cost of such replacement by any legal means.
5.07 A confirmed employee may resign upon giving one-month notice in writing or pay in lieu of notice.
5.08 All balance of salary or benefits due shall be paid to the employee subject to clearance from his/her Income Tax Department.
The normal age of retirement for all employees shall be fifty five (55) years. However, an employee may continue his/her employment only upon mutual agreement between the Company and the employee. The service so provided shall then be covered under a year-by-year Contract of Service.
7. WORKING DAYS & HOURS
7.01 The official working days and hours of the Company are as follows:
Monday to Friday: 9.00 am to 5.00 pm
Saturday: 9.00 am to 1.00 pm
7.02 All employees on normal working hours are entitled to a one (1) hour lunch break to be chosen between 12.00 noon and 2.00 pm and subject to approval by his/her immediate Superior. The Company reserves the right to vary the working hours and the lunch hours of the employees.
7.03 For Contract Employees include foreign workers whose nature of work requires separate working hours or on shift basis, their working hours shall vary from the normal working hours stated above. The Company reserves the right to reschedule the shift of an employee as and when it sees fit and this applies to every employee.
8. ATTENDANCE AND TIME RECORDING
As good timekeeping is essential to the smooth running of each section of the Company, the following rules must be observed:
a. All employees except Manager and above are required to personally record their check in and check out time via their employment card or any other means specified by the Company. Those who fail to do so or leave the work place or the Company’s premises without permission from their HOD (Head of Department) will be considered as being absent from work.
b. All employees who do not report to work due to illness or accident or any other personal reasons shall obtain permission from their HOD and report to the Company in such manner as specified by the Company and shall produce the evidence of their absence or medical certificate immediately when reporting for duty.
c. All employees are required to report to work punctually. Those who may report late or leave the work place early must obtain prior permission from their superior. Disciplinary proceedings may be taken against any delinquent employees.
d. Non-compliance to these requirements shall be deemed as misconduct.
9.01 An employee who goes on leave before obtaining approval from his HOD is regarded as having committed a major misconduct, unless he can show evidence of emergency. An employee, who only notifies the Company of his emergency leave upon return to work, or towards end of the day, is deemed as committing misconduct, if he cannot justify the reason for not notifying earlier.
9.02 Where an employee is absent from work without notice for more than TWO (2) consecutive working days, he is deemed to have breached his contract of employment with the Company, unless he can provide acceptable reasons.
9.03 Where an employee has agreed to a scheduled overtime work but does not subsequently show up for such work, it will be considered as being absent.
10.01 Overtime is deemed to be work performed outside normal working hours at the request of the Company or the approval of the respective HOD. In the event an employee is unable to finish the job assigned, prior approval of HOD is compulsory before performing such overtime.
10.02 All field sales personnel are not entitled to overtime payment.
10.03 Only employees under the ambit of Employment Act 1955 shall be entitled to overtime claim.
10.04 Calculation of working overtime shall be abode by Employment Act 1955.
10.05 Where an employee is required to work on a mandatory public holiday which falls on his normal rest day, his overtime pay rate is that for working on rest days. However, he shall be entitled to a paid holiday on the following working day. Thus, the following working day is considered a mandatory public holiday.
10.06 Any employee earning a basic monthly salary of RM 2,000.00 shall not be entitled to overtime payment. However, the aforesaid basic monthly salary may be up dated from time to time in accordance to the requirements of the Employment Act 1955.
10.07 If due to the employee’s own carelessness or procrastination, he is unable to complete the job which otherwise can be completed within his ordinary working time, he may be asked by the HOD to work overtime but in such instance the overtime wage shall not be payable.
11 EMPLOYEES PROVIDENT FUND
Contributions will be made to the EPF (Employee Provident Fund) at the rates determined by the Employee Provident Fund Board or to such other approved Provident Fund.
Contributions will be made to SOCSO at the rates determined by SOCSO for employees earning below RM2, 000 per month. Employees who have contributed to SOCSO in the past must continue their contribution.
13 GROUP PERSONAL ACCIDENT
13.01 In addition to SOCSO benefits, the Company also provides group personal accident insurance coverage for the employees.
13.02 The sum insured for each employee is based on consideration of his position and nature of work, and is subject to change at Management discretion to provide a practical cover for the employees.
13.03 The Company will claim the applicable benefits from the Insurer, for the employees who suffer permanent disability or death due to accident. (The scope of coverage is “anywhere, anytime”, but is subject to future revision by the insurer).
13.04 All employees are covered by Group Personal Accident Insurance Policy for death or permanent injury occurring at any time in accordance to the terms and conditions contained therein.
14 SALARY ADMINISTRATIION
14.01 Salary will be paid on or before the 7th day of the succeeding month. Salary will be paid via bank transfer.
14.02 The Company reserves the right to make statutory deductions from the employee's monthly salary for EPF, SOCSO and Income Tax, where applicable.
14.03 Where an employee does not complete the full month of service by reason of resignation or termination, the pro-rated salary payable will be calculated by the Company.
14.04 An increment may be based on individual performance and this is to be determined by the Company at its absolute discretion.
15. REST DAY
All employees shall be granted one (1) rest day in a week. The normal rest day shall be Sunday. The Company may substitute the normal rest day with another day of the week and this shall constitute the rest day of the employees in particularly those on shift work.
16 PUBLIC HOLIDAY
The Company shall observe all gazette Public Holidays:
16.01 If any of the public holidays falls on normal rest day, then the said holiday shall be replaced on the first working day following the rest day.
16.02 An employee who is absent from work on a working day immediately preceding or succeeding a public holidays, without prior consent of his employer shall not be entitled to any pay for that holiday or holidays unless he has a valid reason for such absence.
17 ANNUAL LEAVE
17.01 The Company provides its employees with paid Annual Leave. It may be necessary in an extreme emergency to recall an employee back to work during the course of his leave. Any employee so recalled shall be granted such unconsumed leave at a future date fixed upon mutual consent.
17.02 All employees who served a continuous twelve (12) months of services shall be eligible to paid annual leave thereafter. He/she may apply for annual leave on a pro-rated basis during the twelve (12) months of service. However, when an employee is on probation, he/she is not entitled for any annual leave.
17.03 If the employee’s service is terminated in less than twelve (12) months, his paid annual leave entitlement shall be determined on a pro-rated basis.
17.04 Application for annual leave except in emergency cases shall ordinarily be submitted at least three (3) days in advance and to be approved by his/her superior. A copy of the approved annual leave application should be submitted to Admin Dept for record purpose.
17.05 The Company reserves the right to reschedule an employee’s leave regardless of the approval.
17.06 If an unforeseen public holiday, sick leave, maternity leave, hospitalization leave, compassionate leave or congratulatory leave falls during the period in which an employee is on annual leave, the annual leave shall be deemed as not taken, and shall be restored to his entitlement. This is provided that the employee notifies his HOD immediately upon his return to work.
17.07 Any annual leave which is not utilized by the end of the calendar year shall be forfeited unless pre-approved by Managing Director before 1st Dec to carry forward the unutilized leave to the following year. All employees are encouraged to plan their leave ahead to avoid such circumstances.
18 ANNUAL LEAVE ENTITLENET
The annual leave entitlement of each calendar year is described as below:
1 – 2 years (10 days); 3 – 5 years (14 days); 6 – 8 years (18 days); more than 8 years (21 days).
19 COMPASSIONATE LEAVE OR UNRECORDED LEAVE
19.01 All confirmed employees will be granted compassionate leave to meet the following unforeseen events:
• Death of a member of his immediate family i.e. spouse, legal children, parents - 3 consecutive calendar days.
• Grandparents, parent-in-law, siblings - 2 consecutive calendar days
• In the event that an employee suffers disaster as a result of an act of God (Flood, fire, landslide and etc.) - 1 day
• In the event that an employee is representing sports and cultural team at National level, - No. of days shall be at the sole discretion of the Company.
19.02 Compassionate Leave is not subject to replacement if they coincide with a rest day, public holiday, or any other leave already granted by the Company; or if the employee chooses not to take them at the time due to personal reasons.
19.03 All Compassionate Leave must be applied as soon as practically possible after the employee returns to work. The application must be supported with relevant documented evidence (e.g. - copy of death certificate, etc).
20. CONGRATULATORY LEAVE
20.01 All confirmed employees, at the sole discretion of the Company and in addition to any annual leave, may be granted congratulatory leave as follows;
• Employee’s first marriage - 3 consecutive calendar days, which must include the actual day;
• Marriage of legal child - 1 calendar day on the actual day
20.02 Congratulatory leave are not subject to replacement if they coincide with a rest day, public holiday, or any other leave already granted by the Company; or if the employee chooses not to take them at the time due to personal reasons.
20.03 However, if the Company requires the employee to work despite above occasions, then he shall be entitled to a replacement.
20.04 All Congratulatory Leave must be applied four (4) weeks in advance, as per requirements on normal annual leave applications.
20.05 The leave application must be supported with relevant documented evidence, which must be furnished to the Company as soon as practically possible.
21. HOSPITALIZATION LEAVE
An employee may be granted up to sixty (60) working days hospitalization leave in each calendar year (inclusive of the balance of any medical leave available) if certified as necessary and compulsory by a certified Medical Practitioner.
22. MATERNITY LEAVE
22.01 Maternity leave is leave granted with full pay to confirmed female employees who has completed 1 year of continuous services with the Company.
22.02 Maternity leave may be granted on the recommendation of a registered medical practitioner. As far as possible, application for maternity leave shall be made not less than one month prior to the date on which is desired that maternity leave shall commence.
22.03 Female employees are entitled to 60 consecutive day’s maternity leave in respect to each confinement.
22.04 Each female employee is entitled to paid maternity leave up to a maximum of 5 surviving children.
22.05 Leave on account on miscarriage prior to the 28 weeks of pregnancy will not be considered as maternity leave but as a normal sick leave.
22.06 An employee who fails to resume duty for more than (2) working days from the expiry of her maternity leave without sufficient notice and cause, shall be deemed to have committed a serious misconduct and be subject to termination without notice.
23 STUDY & EXAMINATION LEAVE
23.01 As part of the Company's personnel development and industrial relations policy, the Company may at its sole discretion grant the following leaves to all confirmed employees who have continuous served the Company for more than 1 year.
23.02 Application for Study/ Examination Leave shall be made at least four (4) weeks in advance, with relevant evidence attached such as course and/or examination timetable, receipt of entry and others to verify the cause of application.
23.03 For mutual benefit, the course taken by the employee shall be relevant to his/her work in the Company.
24 UNPAID LEAVE
24.01 An employee who needs to take leave during probation period shall apply only for unpaid leave.
24.02 An employee who has depleted his annual leave entitlement for the calendar year, and still needs to take leave, shall also apply for unpaid leave. This is subject to the approval of the Company.
25 MEDICAL LEAVE
25.01 Medical Leave is defined as the period during which an employee is unable to be present for work on account of sickness and shall be certified by a registered medical practitioner appointed by the Company. In case of emergency, the employee may seek treatment from other registered practitioners.
25.02 The employee must inform their respective HOD by telephone or any other means within one (1) hour of his first absence from work. If the employee is incapacitated by serious illness or accident, the means and duration of notification shall be determined in accordance to the circumstances.
25.03 A medical certificate must be presented to the Company as soon as the employee reports to work. Failing to do so may result in disciplinary procedure. The Company will also recognize the medical certificate (MC) from any other registered medical practitioner and if such MC exceeds 2 working days, then it has to be countersigned and certified by the Company doctor.
25.04 The employee, who only notifies the Company of his sick leave upon return to work, or towards end of the day, is deemed as having committed misconduct, unless the Company deemed the explanation given by the employee as satisfactory.
25.05 An employee shall, upon the recommendation of a registered medical practitioner appointed by the Company or in the event an emergency, by any other registered medical practitioner, be entitled to paid medical leave as follows: less than 2 years (14 days); 2 – 5 years (18 days); more than 5 years (22 days).
26 MEDICAL BENEFIT
26.01 Medical services shall be provided for all employees through the Company doctor.
26.02 When medical consultation/treatment is required, employees are advised to consult Company’s panel of doctors as soon as possible. In case of emergency, only registered medical practitioners should be consulted.
26.03 Medical expenses incurred for the consultations/treatment for employees by other registered medical practitioners shall first be borne by the employees themselves. Such expenses will be reimbursed by the Company on production of an official receipt. Medical expenses with no receipts will not be entertained.
26.04 Medical expenses incurred for specialist consultation and/or treatment including pediatricians shall be borne by the Company only if it is authorized or recommended by the Company’s doctor before consultation. Notwithstanding, expenses incurred for such consultation/treatment shall be borne by the Company at the absolute discretion of the Management depending on the circumstances of each case.
26.05 Expenses incurred for consulting a non-registered medical practitioner shall not be borne by the Company.
26.06 Employee shall not be entitled to the benefits as per 27.06 above should he/she suffer the illness prior to joining the Company.
26.07 If a confirmed employee is hospitalized, the Company will bear the hospitalization benefit up to a maximum of ringgit three thousand (RM 3,000.00) only in a calendar year.
26.09 In the case where hospitalization is necessary as certified by the Company doctor, such sick leave will be paid-up to a maximum of 60 working days inclusive of any period of non-hospitalization following his discharge and the Company will consider granting additional leave based on individual cases.
26.10 Where an employee is required to go overseas for duty, he is entitled to medical and hospitalization benefits in the overseas country on production of documentary evidence.
26.11 Annual chest X-ray for all employees shall be arranged by the Company.
26.12 The Company shall not bear the cost of the following expenses:
。Any pregnancy, abortion, childbirth, miscarriage or criminally provoked abortion, including complications arising there from.
。Any medical, dental and surgical appliances which include dentures, hearing aids, spectacles, crutches, splints, orthopedic aids, any beautification or plastic surgery.
。Any treatment for venereal diseases or self-inflicted injury, the use of drugs (unless authorized by the licenses physician doctor of the Company) or exposure to unjustifiable hazards.
。Any expenses resulting from misconduct, performance of an unlawful act, provoked assault, breach of peace or disorderly conduct.
。Use of illegal drugs or use of drugs not prescribed by Company doctor.
27 MILEAGE CLAIM
Employees who are requested to use their own vehicles for traveling in performing their official duties are eligible to claim mileage at the following rates:
。Motor vehicle at RM 0.50 per kilometer.
。Motorcycle at RM 0.30 per kilometer.
Sales staffs with monthly car allowance are not entitled for the above mileage claim. However, if the sales staff is required to travel outstation for official duty, then he/she is entitled to claim reasonable petrol expenses used for that trip, tolls and parking fees.
28.01 Outstation Allowance
Employees who are required to travel outstation and stayed overnight in the course of performing their duties shall be entitled to claim outstation allowance of RM200.00 per night. This outstation allowance covers meal and accommodation expenses except for petrol, tolls and parking.
28.02 Car Allowance
For sales employees who used their own vehicles to cover outlets and for official business, they are entitled to a fixed monthly car allowance as stipulated in the Letter of Appointment.
28.03 Hand Phone Allowance
Hand phone will be provided for by the Company to sales personnel so as to carry out their duties. All calls involving business calls shall be borne by the Company.
29. DRESS CODE
30.01 Appropriate personal grooming and attire for the work place is required of all employees, so as to project a professional image in line with their job grade and nature of work.
30.02 Male employees are expected to maintain a descent hair cut. Long hair and fancy hair style are discouraged, and in particular upon being instructed by the HOD the employee shall promptly make the necessary change.
30.03 All male at Executive level and above who are mainly executing office-based duties, are expected to wear long-sleeved office dress shirt and neck-tie at work. Those whose duties involved warehouse, transportation or other outdoor work may be given the discretion to wear more casually when on such job, but nevertheless shall project a positive image at all times to and for the Company.
30.04 Female employees are required to dress appropriately; avoid clothing of a revealing nature e.g. see-through blouse, low-cut dress or mini-skirts, and also avoid fashion and accessory unsuitable for the work place.
30.05 Where a Company uniform is provided for the employee to be specifically worn on the job, it shall be deemed as misconduct if the employee does not do so without a valid reason.
30. COMPANY PROPERTY
32.01 Employees must ensure that all company property entrusted to them is properly cared for, utilized or disbursed in the manner prescribed by the Company.
32.02 Employees must surrender or return company property when so requested by Management.
31. PERFORMANCE APPRAISAL & SALARY REVIEW
31.01 A formal appraisal of an employee’s performance is conducted by his/her immediate superior towards the end of the probationary period and after each fiscal year thereafter.
31.02 The appraisal results are used as inputs for determining training and development needs and merit increases.
31.03 The quantum of salary increment will be based on the employee’s performance and contribution towards the Company as assessed by Management. Staff may be promoted at anytime during the year when it deems necessary. Employees will be rewarded in accordance to the Grade of position and their corresponding salary scales.
32. ANNUAL BONUS
The annual bonus is based on Company performance and it is the sole discretion of the Company to declare annual bonus to its employees. However, Company shall do its best to issue one-month bonus to all employees who serve for one calendar year. Employees who have served the Company for less than a year, bonus shall be on Pro-rata basis.
33. INCENTIVE BONUS
The incentive bonus is independent and its computation is related directly to individual performance. Employees who have served the Company for less than a year, Incentive Bonus shall be on pro-rata basis. Period of service shall be calculated from date of confirmation and not date of joining. Incentive bonus shall be issued in February of the succeeding year.
The decision by the Managing Director on the Incentive bonus is final.
34. SALARY SCALE - To be appended