Coc Part 2 - Corrective Action Procedure V 6 0

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Employee

Workplace
Guide

October 15

2014

This document outlines the Companys workplace rules &


regulations and the corrective action processes and guidelines in
managing employee discipline.

Part 2:
CODE OF CONDUCT Corrective Action
Procedure

Approval:

RAINELDA C. DE BODA
Human Resources Director

of 24 pages

RIZALITO JAY R. CALICA


VP, Human Resources and OD

JACKY V. PLANA II
Head of Operations

Proprietary in Nature
This document is classified as proprietary in nature to PCCW Teleservices. Information
contained in this document is confidential. No part of this document may be copied,
reproduced, stored in a retrieval system, or transmitted without prior written permission
from PCCW Teleservices.

Document Information

Process Title

Employee Workplace Guide (EWG)


Part 2:

Sub-Title

CODE OF CONDUCT - Corrective Action Procedure

Effective Date

10/15/2014

Version Number

Version 6.0

Document Number
Document Owner

Rizalito Jay R. Calica

Release

Manila Site (Internal)

Change History

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Version No.

Creation / Revision Date

Owner/Modifier

Approved by

4.0

2/2/2009

Eric Jorge L. Villabroza

Eric P. Paragas

5.1

1/3/2011

Jules L. Burton

Eric P. Paragas

6.0

10/15/2014

Rizalito Jay R. Calica

Jacky V. Plana II

A. INFORMATION STRUCTURE
Cover

Document Management Information

Information Structure

Introduction

Scope of Application

Terms & Convention

5-6

Responsibility

Guidelines

7-11

The Corrective Action Process

12-16

Corrective Actions

16

Circumstances Affecting Degree of Corrective Action

16-17

Degrees of Offenses

17-20

Supplementary Clause

20

Filing of Administrative or Criminal Charges

20

Effecting Date

20

Forms

21

<End of Part 2>

21

B. INTRODUCTION
PCCW Teleservices desires to provide a work environment where each team
member is treated with respect and dignity and that each be given the opportunity
to grow by creating a venue for coaching and counseling. PCCW Teleservicess COC
reinforces commitment to providing the highest standard and quality of service to
its clients. The COC, from that people philosophy, then becomes a management
system tool to communicate to every team member the behavior expected in the
workplace, and a mechanism to ensure that whenever behavioral deviations arise,
the applications of corrective actions shall be constructive, consistent, objective, and
fair.

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The Code of Conduct comes in two parts:

Part 1 Serves as a reference guide in administering employee discipline, herein


referred to as the Corrective Action Procedure;

Part 2 Serves as a reference guide for various potential offenses and the
corresponding corrective actions or penalties, herein referred to as the
Offenses & Corrective Actions

C. SCOPE OF APPLICATION
The COC applies to all PCCW Teleservices employees regardless of employment
status and rank, and covers actions pertaining to rule infringements or deviations
committed on PCCW Teleservicess time or within its premises.

While PCCW Teleservices does not seek to interfere with the off-duty personal
conduct of its employees, it recognizes that certain types of off-duty conduct may
interfere with the Companys legitimate business interests. Employees, therefore,
are expected to conduct their personal affairs in a manner that does not adversely
affect PCCW Teleservices integrity and reputation. Illegal or immoral off-duty
conduct on the part of an employee that adversely affects PCCW Teleservicess
legitimate business interests or the employees ability to perform his or her job will
not be tolerated.

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D. TERMS & CONVENTION


For purposes of interpreting the terms used in the COC, the following shall be
construed to mean as:
-

Company
Refers to PCCW Teleservices (Philippines) Inc. or from time to time referred
to in the COC as PCCW Teleservices.

Company Premises
Company premises include all PCCW Teleservices owned and leased offices or
grounds, compounds, establishments, or buildings that house PCCW Teleservices
offices, business centers, shuttle service vehicles. It also includes all venues rented
for official Company conferences, trainings, meetings, seminars, outings, parties,
and gatherings attended by employees, for the duration of the activity.

Company Property
PCCW Teleservices leased and owned equipment, furniture, supplies, and money.

Company Time
Company time refers to all the time during which a PCCW Teleservices employee is
suffered or permitted to work or to be present at the Company premises.

Corrective Action
The penalty imposed on the erring employee and is appropriated according to the
seriousness or gravity of the infraction.

Notice of Decision (NOD)


A form accomplished and served by the immediate supervisor to the employee
concerned immediately after a decision has been made with regard to the
employees case.

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Corrective Action Process (CAP)


The CAP embodies the investigative inquiries, findings and the recommended
corrective action given to an employee.

Employee
Person of any rank, whether regular, probationary, contractual, project, part-timer,
and/or interns, who receives wages/salaries and/or benefits from PCCW
Teleservices.

First Line Supervisor (FLS)


First Line Supervisor refers to the employees immediate supervisor. In certain
instances, however, such as when the employee is undergoing training, the Trainer
serves as the employees FLS and is authorized to administer corrective action.

High Security Area


Refers to confined portions of Company premises, access to which is limited to
authorized personnel or only to employees who belong to or are affiliated with the
specific client program assigned in such area e.g. Operations floor area, QA areas,
Training Rooms, IT Data Center.

Incident Report (IR)


An IR is an office report that provides for the detailed account and facts of an
alleged infraction such as the date, time, place and witnesses of potential rule
violation.

Prescriptive Period
Prescriptive period is one in which a corrective action remains in effect.

Preventive Suspension
It is the exercise of management prerogative to place an employee under work
suspension if management deems that the employees continued presence may
poses a serious and imminent threat to the life or property of the employer or of his
co-workers, or if the employees presence in the workplace would adversely affect
the investigation of the offense supposedly committed by the employee.

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E. RESPONSIBILITY & ACCOUNTABILITY


It shall be the responsibility of the Human Resources Department to conduct regular
orientations on the COC in order to ensure that all employees (managers,
supervisors and team members) have a full and uniform understanding of the
Companys rules and regulations.

F. GUIDELINES
The Company prescribes its rules and regulations to govern the norms of conduct of
all its employees. Once an employee is proven to have committed an offense, a
corresponding sanction is imposed on the employee based on the COC.

The Company enjoins all employees to be good examples to others in their behavior
in and outside office premises. Everybody is advised to follow the norms of conduct
and other rules and regulations herein embodied.

Policy on Future Amendments


The Company reserves the right to amend, alter, modify, and/or change any or all
part of this policy as the exigencies of the operation and/or time warrants and upon
proper notice and publication. Such amendments, alterations, and/or changes shall
be binding and effective and shall become integral part of this policy.

It shall be the Supervisors duty to implement the intent and strict observance of this
policy and to report any violations thereof.

Amendments, as may become necessary in the future, will have to be reviewed and
passed by the ManCom and will be communicated to all employees thru memo.

Authority to Issue Discipline


Discipline is a line function. The Company rests the responsibility of discipline on
supervisors and line managers. Cases leading to a corrective action of dismissal,
however, must pass consultation with and approval from the Human Resources
Department.

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Immediacy and Privacy in Administering CAP


1) CAP should be applied as immediate as possible. The Immediate Supervisor is
expected to initiate the corrective action process within the period appropriated
under the COC.

2) Supervisors who fail to report an infraction within 24 hours, upon knowledge or


discovery of such infraction will be held liable for the inaction and will be
sanctioned accordingly on grounds of negligence in the performance of duty.

3) Incident of discrimination and sexual harassment must be reported directly to


the Human Resources Department.

4) As discipline is a sensitive matter, it must at all times be administered in private,


the specific violation explained and clarified to the erring person.

5) All records pertaining to corrective actions must be maintained as classified


information.

Governance
One of the most important aspects of the COC is the assurance of consistency of
policy governance, fairness, and implementation.

a) The Human Resources Management shall serve as consultant with regard to


policy and rule interpretation, the corrective action process, the correctness
of the offense cited and the appropriateness of corrective action. The
assistance of the Companys legal counsel may also be acquired depending
on the case presented.

b) It is the inherent right of the Company to deviate from the table of


sanctions if the extent or impact of the offense merits such i.e. the degree
prescribed for an infraction. In every employee case, investigations and
decisions shall be dictated by logic and common sense.

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c) Human Resources Management shall have approval of any recommended


sanction that is different from what the COC prescribes otherwise the
sanction given is considered void from the start.

d) Any corrective action shall be recorded in writing and shall be part of the
employees 201 file.

e) Any corrective action shall be obliterated upon the lapse of the prescriptive
period. However, documents of corrective action shall be retained for
purposes of reference in the employees 201 file.

f)

In cases of light offenses, an employee may be given coaching, prior to a


corrective action. It shall be documented through a coaching log, copy of
which must be provided to the Human Resources Department for records
purposes.

g) If two or more offenses comprise a singular act or when one is necessary for
committing the other, the incident shall be treated as a single case. In such
case, the corrective action for the more serious infraction shall be applied.

h) If a series of offenses of similar nature e.g. repeated attendance or ID rule


violation, etc., is committed by an employee, each infraction or occurrence
shall be treated as a separate offense. The corresponding corrective action
then will be based on the number of occurrences of the offense committed.

i)

If several light or minor offenses are committed by an employee within a


period of six (6) months, a behavior indicating habitualness and reflecting
disregard and disrespect to Company rules, the corresponding corrective
action may become more severe than the standard and may even lead to
Dismissal. For purposes of the COC, the term several shall mean more than
two.

j)

In infractions involving loss or damage to Company property, the employee


shall be required to pay back the amount lost or pay for the damage based

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on appropriate value aside from being given a corrective action e.g.


employees who are issued mobile phones, laptops and/or any other tools of
trade. In the event of loss, the employee must pay for the computed
amount based on the propertys value as prescribed by the Finance
Department.

Pending final resolution of employee case under this category, the salary and
other monetary receivables due the concerned employee/s will be withheld in
anticipation of potential losses or damages which may eventually be
established. All such receivables will be released ONLY after an accountability
clearance is accomplished.

k) In determining as to whether a violation is either a first or a second offense, the


following rule shall apply:
Employee offense/s not acted upon by the supervisor within two (2) weeks
upon knowledge of such offense will no longer be counted as a precedent
should another offense of similar nature be committed by the same
employee. Hence, succeeding occurrence will be treated as a first offense.

Employee offense/s discovered or reported only AFTER the same employee


committed similar offense will be considered a second offense.

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Timeframe for Administering Corrective Actions


The end-to-end corrective action process, from notification up to serving the final
corrective action, should ideally be done within the following schedule:

Light Offense

Class A

Five (5) working days

Minor Offense

Class B

Five (5) working days

Major Offense

Class C

Ten (10) working days

Grave Offense

Class D

Twenty (20) working days

The above schedule shall serve as the general timetable only for observing
immediacy in undertaking the corrective action process. Non-conformance to
the timeframe, however, does not absolve the employee from the equivalent
corrective action arising from rule infraction.
Application of Due Process
Consistent with the provision of the Labor Code of the Philippines, due process
shall be applied to handling all corrective actions to ensure fair and just
treatment of employee cases and uniformity in issuing penalties.

Due process, in the context of this COC, guarantees an employee the


opportunity to be heard and present evidences in his favor before s/he is issued
a corrective action.

Sufficient Time to Explain


Any employee who violates any provision of the COC shall be given at least
twenty-four (24) hours to respond and explain his side in writing and present
any evidence in his favor.

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G. THE CORRECTIVE ACTION PROCESS

STEP # 1

Issuing the Notice to Explain

Every employee who has allegedly committed an infraction with reference to an


incident report submitted, regardless of the gravity, has the right to be informed of
the offense he has allegedly committed before the supervisor recommends or
serves him a corrective action.

a) Upon knowledge of an offense or an incident, the employees first line supervisor


(FLS) or manager shall conduct initial investigation of the incident to determine if
there was indeed a rule infringement.

b) He shall then call the employee involved to issue the Notice to Explain (NTE) to
give the employee the chance to explain his side.

c) Should the employee refuse to acknowledge the NTE, then another employee
will be called in to serve as a witness. A copy of the NTE is then left with the
employee.

d) In case of abandonment of employment, the NTE shall be attached to the Notice


of AWOL & Return to Work Order to be served via registered mail at the
employees last known residence.

e) The employee must respond to the NTE by giving his written explanation of the
charges. The employee must submit said response to his immediate supervisor
within 48 hours unless a longer period is given to the employee.

f)

An employees refusal or failure to written explanation will be construed as a


waiver of the employees right to be heard. Such waiver shall be made clearly
known to the employee in the NTE.

g) NTE will only be served on severity basis. Infraction falling under COACHING
opportunity need not require an NTE to be issued.

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Step # 2

Investigating, Inquiring & Validating

If deemed necessary, the FLS or the manager shall conduct a formal and deeper
investigation. This is in consideration that a response from the employee to the formal
charge has been received or when the time prescribed for the employee to respond has
lapsed.

a) In the interest of fairness, the investigation shall proceed as follows:


Interview the employee
Ask anyone involved or who may have knowledge of anything related to the
case
Allow the employee to bring forth his/her witnesses
Allow the employee to provide evidence/proof that would support his/her
claim.

b) For Major or Grave Offenses or in cases of sexual harassment, more weight on the
latter, the case may be submitted to a Committee, which the Human Resources
Management convenes to conduct the investigation and recommend corrective
actions. All investigations shall be put in writing and will be part of the case record.

STEP # 3

Deliberating & Establishing Findings

a) In investigating and deciding on a case, the following factors should serve as a guide
in determining if the corrective action will be higher or lower than prescribed:
Gravity or impact of the offense on the Companys or the clients business;
Extent of negligence;
Employees past corrective record (if any);
Employees performance record;
Other factors that may aggravate or relieve the offense.

b) If it is found that a violation was indeed committed and that a corrective action
must be imposed, the FLS shall accomplish the Notice of Decision (NOD), stipulating
the findings and the recommended corrective action.

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c) If after the investigation the employee is not found to be at fault of the charges, the
employee will be cleared using the NOD also. A copy of the said document shall be
given to the Human Resources Department for record-keeping purposes.
d) The FLS must first discuss his recommendations with the required levels of
authority/ management prior to serving the corrective action:

Cleared

Department Manager or OM
Human Resources Department

Written Warning

Department Manager or OM

Dismissal

Department Manager or OM
Human Resources Department

Step # 4

Administering the Corrective Action

a) A thorough discussion about the offense must first transpire between the FLS and
the employee prior to serving the corrective action.

b) The corrective action must be served by the FLS practically within 48 hours upon
approval. In serving the corrective action, the FLS shall ask the employee to
acknowledge the corrective action by signing the NOD.

c) Should the employee refuse to accept, the FLS shall not be hindered from serving
the same, as the employees refusal to accept and sign does not invalidate the
corrective action. FLS shall merely give him a copy of the resolution and note on the
NOD copy that the employee refused to sign, co-signed by a witness.

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Step # 5

Advising & Recording

a) All corrective actions enforced, including coaching, shall be endorsed by the FLS to
the Human Resources Department for proper recording. For coaching, copy of the
coaching log must be given to the Human Resources Department for
documentation.

Preventive suspension as an exercise of management prerogative


The Company may place an employee under preventive suspension if the employees
continued employment poses a serious and imminent threat to the life or property of
the employer or of his co-workers, or where the employees presence in the workplace
would adversely affect the investigation of the Offense supposedly committed by the
employee. (Book V, XXIII of the implementing rules of the Labor Code of the
Philippines).

No Preventive suspension shall go beyond 30 days. After 30 days, management shall


reinstate the employee to his former position or to an equivalent position. Should there
be a need to extend the preventive suspension beyond 30 days, the employee shall be
entitled to his salary and benefits due him for the period of the extension of the
preventive suspension.

Preventive suspension is not a pronouncement of the employees guilt. Neither shall it


replace the notice requirements of termination, should termination and/or dismissal be
the corrective action.

If the guilt of an employee on preventive suspension is established and the corrective


action in order is suspension, said suspension days shall be deducted from the days that
the employee served as preventive suspension.

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H. TYPES OF CORRECTIVE ACTIONS


1) Verbal Warning
A Verbal Warning is given to an employee in violation of light or minor offenses.
2) Written Warning
A Written Warning is given to an employee for a repeated violation of a light or
minor offense or for a first time violation of a moderate offense. A First or
Second Written Warning will differentiate the frequency of infraction
occurrence.

3) Final Warning
A Final Warning is the last level of written warning given to an employee for
excessively repeated violations. This is given as the last and final reminder for
eventual Dismissal of an employee from work should another infraction occurs
in the future.

I. CIRCUMSTANCES AFFECTING DEGREE OF CORRECTIVE ACTIONS


The penalties imposed on an employee may vary based from justifying, exempting,
mitigating and aggravating circumstances that shall be considered before the
corrective action is given.

1) Justifying Circumstances may be considered if the act is voluntary but there is


no malice because the employee acted in good faith, being impelled by some
lawful motive.

2) Exempting Circumstance may be considered if there is no malice because the


act is not voluntary or the act committed was accidentally done or omission was
unavoidable.

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3) Aggravating Circumstances may be considered if the employee incurs liability


and presence of these circumstances increases the degree of corrective action
because they indicate the unusual perversity or delinquency of the offender.

4) Mitigating Circumstances may be considered if the employee incurs liability but


the presence of these circumstances reduces the degree of the corrective
action. It does not, however, nullify the charges against the employee.

J. DEGREE OF OFFENSES
Light Offense (CLASS A)
A non-conformance to the rules stipulated in the COC is considered Light if its
nature conforms to any of the following:
a)

No detrimental impact on the business and may be considered light


misdemeanors. It does not significantly mar the effectiveness of the team, but
in some way affects professionalism and Company image.

b)

It does not cause any financial loss.

c)

Has minimal impact to the client, the customer, the Company and employee
security.

d)

It does not hurt any person physically but may contribute to disorderliness in
the workplace.

e)

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Integrity of the employee is not in question.

Light or First Degree Offense


# of Offense

Prescriptive

Corrective Action

Documentation

Period

First Occurrence

Coaching

30 days

Coaching Log

Second Occurrence

Verbal Warning

30 days

Notice of Verbal Warning

Third Occurrence

First Written Warning

2 months

Notice of 1st Written Warning

Fourth Occurrence

Second Written Warning

3 months

Notice of 2nd Written Warning

Fifth Occurrence

FINAL Written Warning

6 months

Notice of FINAL Written Warning

Sixth Occurrence

Dismissal

Notice of Dismissal

Minor Offense (CLASS B)


A non-conformance to the rules stipulated in the COC is considered Minor if its
nature conforms to any of the following:

a) Impact on the business and the organization causes delay in operations, mars
productivity, and possible loss in business opportunities. It also compromises
team effectiveness and relationships, therefore may result in hindering the team
to not complete an assigned project or task, attain its specific objectives, or lead
to dissatisfaction of the customer with the service rendered.

b) It may cause a considerable financial loss.

c) Has moderate impact although may have a high potential of compromising the
security of customers, client and employees.

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Minor or Second Degree Offense


# of Offense

Corrective Action

Prescriptive Period
30 days

Documentation

First Occurrence

Verbal Warning

Notice of Verbal Warning

Second Occurrence

First Written Warning

2 months

Notice of 1st Written Warning

Third Occurrence

Second Written Warning

3 months

Notice of 2nd Written Warning

Fourth Occurrence

FINAL Written Warning

6 months

Notice of FINAL Written Warning

Fifth Occurrence

Dismissal

Notice of Dismissal

Major Offense (CLASS C)


A non-conformance to the rules stipulated in the COC is considered Major if its
nature conforms to any of the following:

a)

The infringement may result to disruption to work/operations and mars the


public perception of the Company, which may even result to loss of client.

b)

Causes financial loss to the Company.

c)

Compromises the safety of customer information, the integrity of the client


and/or PCCW Teleservicess systems, and the security of other employees.

d)

A breach or violation that results in physical harm to himself and co-employees.

e)

Puts a strong and serious doubt on the offenders integrity

Major or Third Degree Offense


# of Offense

19

Corrective Action

First Offense

FINAL Written Warning

Second Offense

Dismissal

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Prescriptive Period

Documentation

6 months

Notice of FINAL Written Warning


Notice of Dismissal

Grave Offense (CLASS D)


Grave offenses are rule violations involving fraud or falsification of records,
misconduct, theft, offenses against public morals, and/or acts of criminality.

Grave or Fourth Degree Offense


# of Offense
First Offense

Corrective Action

Prescriptive Period

Dismissal

Documentation
Notice of Dismissal

K. SUPPLEMENTARY CLAUSE AND RIGHT TO REVISE


All existing policies, rules, and regulations previously issued and not consistent with this COC
shall be supplementary in effect. In case of conflict, this Code shall prevail.

Management may from time to time issue new rules or policies or alterations to existing
policies in the form of memos. These memos will automatically form part of the COC.

L. FILING OF CIVIL OR CRIMNAL CHARGES


The imposition of any of the penalties described above shall be without prejudice to any civil
or criminal action may take. PCCW Teleservices may institute court action or other legal
proceedings against the employee if only to protect the interest of the Company. In addition
to the appropriate corrective action involving damage to property, and/or loss to Company,
the offender shall be required to pay for the repair or replacement of the damaged property
and/or to reimburse losses to the Company.

M. EFFECTIVITY
The COC and its amendments hereon will take effect on the date stated above with the
most recent revision.

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N. FORMS
The forms to aide documentation of the case proceedings are available with the Human
Resources Department. All documents should be signed as concurred by a representative
of Human Resources and should always be issued with at least two copies, one for the
employee and the other for 201 file purposes.

<End of Document>

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