COMPANY POLICY

TABLE OF CONTENTS:

Overview………………………………………………………………………………………………………………………2
Scope…………………………………………………………………………………………………………………………….2
General Policies…………………………………………………………………………………..…………………………2
Responsibilities……………………………………………………………………………..………………………………3
Mechanics of Implementation…………………………………………………………………………………………4
Type and Classification of Offenses…………………………………………………………………………………4
Acts of Sexual Harassments…………………………………………………………………..………………………24
Other Provisions…………………………………………………………………………………………..………………27
Procedure in handling Administrative Cases…………………………………………………………………27
Approval and Disclosure………………………………………………………………………………………………31
Compliance with Philippine Laws and Regulations………………………………………..………………31
Amendment…………………………………………………………………………………………………………………32
 COMPANY POLICY

This Company Policy is meant to establish norms of conduct and behavior for the
Employees of the WEI YUAN CONSTRUCTION MANAGEMENT, INC. that will provide a
working environment which creates and promotes harmonious working relationships and
respect to one another.

I. SCOPE

This policy will apply to all regular, probationary, fixed term, contractual and project-
based employees of WEI YUAN CONSTRUCTION MANAGEMENT, INC. This Policies
supersedes all current policies, rules, and regulations not in accordance with or contrary
to it.

II. GENERAL POLICIES

WEI YUAN is committed to maintain the highest level of professionalism, ethical standards
and to adopt business practices in accordance with all applicable laws, rules and
regulations. In order to achieve this, all the respective Employees of the company must
maintain the highest reputation of integrity by making sure that they act ethically and
legally and to this end, the following general principles shall govern:

1. Any and all acts violating, and/or constituting a violation of the comprehensive policies
detailed in this document will be considered a violation, and liable to disciplinary
action. This will be in accordance with the appropriate provisions of this policy.

2. Ignorance of the rules and regulation declared in this policy, as well as notices or
memoranda that may be promulgated in the future, shall not excuse or exempt an
Employee from non- observance nor from the disciplinary action to be imposed
thereon.

3. All disciplinary actions shall be imposed following the process enumerated in this
policy.
4. All actions to resolve or settle grievances shall abide by the relevant provisions of any
mechanism installed for such purpose, if any.

5. Administration of disciplinary action on erring Employees shall not hinder the

Company from filing criminal and/or civil charges in accordance with the applicable
laws.

6. In cases where the infraction or offense simultaneously violate more than one
provision of this policy, the offenses shall be investigated in one proceeding but the
appropriate penalty for each of the offense committed shall separately be imposed.
However, if the penalty to be imposed for the other offense is dismissal, such penalty
will be the only one to be imposed.
III. RESPONSIBILITIES

The task of ensuring that this policy will be understood and complied with is jointly
entrusted to both the Human Resources/Administration Group and the functional
group/department/unit where the employee is affiliated. The Employees, on the other
hand, are expected to familiarize themselves the contents of this policy.

A. The Human Resources/Administration Group will be responsible for the following:

1. Making sure that suitable measures are continually taken to educate all employees
on the implementing rules of this policy;

2. Making sure that the related rules of this policy are updated and consistent with
the requirements of all operating units;

3. Making sure that suitable control measures are established to assist in the
progress of the implementation of corrective actions, to assist erring employees,
and to continually forewarn department/division/ functional group heads on the
negative standing, if any, of employees under them; and

4. Preparing all documents and reports as may be needed to efficiently implement

provisions of this policy.

B. The Immediate Superior of each functional group/department/unit, shall be

responsible for:

1. Administering the rules under this policy, including the enforcement of

disciplinary action against erring employees;

2. Clarify any questions or concerns that may come to light relating to this policy; and

3. Prepare and submit to Human Resources/Administration Group the required

reports and documentation on cases investigated and/or disciplinary action meted out
for proper recording and control.

C. All Employees shall be responsible for:

1. To conduct himself/herself in accordance with the required norms of behavior at

all times. It is therefore the duty of every Employee to familiarize himself/herself
with the provisions of this policy and its strict implementation.

IV. MECHANICS OF IMPLEMENTATION

In order to effectively implement the provision of this policy, offenses that call
for/merit disciplinary action are classified under five types of heading: TYPE I, TYPE II,
 TYPE III, TYPE IV, and TYPE V. This classification is made in accordance with the
disciplinary action that the offense merits.

Penalties which may be imposed by the company for infractions or violations are the
following:

Warning – Given to an Employee for an infraction or violation to caution the Employee

that repetition of such infraction or violation shall be dealt with more severely. A warning
in a form of a writing, must identify the infraction or violation committed by the
Employee.

Suspension – Temporary barring of an Employee from the work premises and/or from the
performance of his duties and functions for a specified period of time, depending on the
gravity of the offense. subject in all cases to the observance of due process. Suspension is
without pay.

Dismissal or Termination – Separation of an Employee from the Company for cause, i.e.,
as provided in the Labor and its implementing rules and regulations or other applicable
laws. subject in all cases to the observance of due process.
Presented in the Table below is the Matrix of Disciplinary Actions corresponding to the
Level and Class of Infractions.
 DISCIPLINARY ACTIONS
1ST 2ND 3RD 4TH
TYPE I – INFRACTIONS Warning or 3 days 6 Days Dismissal
Reprimand Suspension Suspension
I-1 Absentism – absence of three or more
days a month. Absences due to actual
sickness or management-approved ⸸ ⸸ ⸸ ⸸
leaves may be excused.

I-2 Tardiness – coming late two or more

times a week. Check-in time will be
based on the assigned schedule. ⸸ ⸸ ⸸ ⸸
I-3 Undertimes – leaving the office and
store before closing without written
excuse from the Mgmt. ⸸ ⸸ ⸸ ⸸
I-4 Loafing, loitering and leaving assigned
work w/o supervisor’s permission,
reading books, magazines, newspapers
not connected with his/her work during ⸸ ⸸ ⸸ ⸸
working hours.

I-5 Violation of safety rules, especially

regarding accidents and fires. ⸸ ⸸ ⸸ ⸸
I-6 Sanitation and cleanliness – any act
contributing to the unsanitary condition
of the company and its compound. ⸸ ⸸ ⸸ ⸸
I-7 Time record – should be promptly filed
during in and out time. Failure means
absence. ⸸ ⸸ ⸸ ⸸
I-8 Holding discussions on company pre-
mises at any time w/o the previous
written permission from the Mgmt. ⸸ ⸸ ⸸ ⸸
I-9 Entering, and/or staying in company
premises during off-hours without
the express consent of the Mgmt. ⸸ ⸸ ⸸ ⸸
 DISCIPLINARY ACTIONS
1ST 2ND 3RD
TYPE II – INFRACTIONS 3 days 6 Days Dismissal
Suspension Suspension
II-1 Sleeping, wasting time & malingering
during working hours. ⸸ ⸸ ⸸
II-2 Engaging in horseplay, running or
throwing things around unnecessarily. ⸸ ⸸ ⸸
II-3 Indulgence to alcoholic and intoxicating
beverages, wines and liquors, including
drug addiction, disorderliness and
drunkenness while in the performance of ⸸ ⸸ ⸸
assignedwork.

II-4 Use of indecent, profane and obscene

language in addressing workers,
supervisors and officials. ⸸ ⸸ ⸸
II-5 Unauthorized posting, writing, erasing,
and/or removing of any notice on the
bulletin boards, including writing on the ⸸ ⸸ ⸸
walls of the buildings of the company.

II-6 Failure to report immediately a significant

loss, spoilage, wastage, breakage, or
damage of materials, products, equipment
or machine of the company of which
he/she is assigned. The expenses incurred ⸸ ⸸ ⸸
shall be charged and collected against the
worker.

II-7 Refusal to submit or failure to observe

Security measures adopted by the
company. ⸸ ⸸ ⸸
II-8 Not attending the general meeting. ⸸ ⸸ ⸸
II-9 Unauthorized use or operation of company
vehicles. ⸸ ⸸ ⸸
II-10 Unauthorized operation or use of machines
or equipment. ⸸ ⸸ ⸸
II-11 Performing personal or outside work w/in
the company, during or after official
working hours, without permit or authority ⸸ ⸸ ⸸
from the management.
 DISCIPLINARY ACTIONS
1ST 2ND
TYPE III – INFRACTIONS 6 days Suspension Dismissal
III-1 Dishonesty – in any way or form ⸸ ⸸
III-2 Falsification of company records ⸸ ⸸
III-3 Bribery – offering or accepting anything
of value in exchange for job, work,
assignment, favor, etc. ⸸ ⸸
III-4 Insubordination – refusal to follow
instructions, to obey orders and to
cooperate with co-workers, supervisors ⸸ ⸸
and management.

III-5 Negligence or carelessness in the

performance of assigned work, resulting
in personal injury to anybody, property
damage, or that which causes expenses to
the company. (The expenses incurred ⸸ ⸸
shall be charged and collected against
the erring worker.

III-6 Misusing, destroying, defacing or

damaging property belonging to the
company. (The cost resulting thereof shall
be charged and collected against the ⸸ ⸸
erring worker).

III-7 Threatening, provocation, fighting,

intimidating coercing, and/or interfering
with the work of co-workers. ⸸ ⸸
III-8 Taking part in or participating in any
form of gambling or games of chance
inside company compound and/or during ⸸ ⸸
working hours.

III-9 Making false, vicious, malicious,

fraudulent, and/or libelous statements
concerning the good name and reputation
of co-workers and/or the company, ⸸ ⸸
including its product.

III-10 Performing extra work or any work in the

company, without prior order and/or
assignment. ⸸ ⸸
 DISCIPLINARY ACTIONS
1ST 2ND
TYPE IV – INFRACTIONS 12 days Suspension Dismissal
IV-1 Encouraging violation of work rules,
inducing or inciting co-workers to restrict ⸸ ⸸
work outputs by
IV-2 Attempting to bring explosives, firearms
and deadly weapons, with or without
Government permit or authority to carry ⸸ ⸸
to the company compound.

IV-3 Smoking in restricted areas of the

company. ⸸ ⸸
IV-4 Soliciting, selling, buying and/or
collecting monetary contributions for any
cause or purpose whatsoever, unless ⸸ ⸸
authorized by the Management.

IV-5 Immoral conduct or acts of indecency and

lasciviousness committed in the company
premises. ⸸ ⸸
IV-6 Entering restricted areas of the company
w/o prior specific permission from ⸸ ⸸
management.
IV-7 Holding meetings on company premises
at any time without the previous written
permission from the management. ⸸ ⸸
IV-8 Knowingly making false statements
deliberately during any company
investigation or fact-findings in order to ⸸ ⸸
mislead company investigations.
 DISCIPLINARY ACTIONS
1ST
TYPE IV – INFRACTIONS 12 days Suspension
V-1 Absences for six (6) or more consecutive
days w/o approved prior excuses. ⸸
V-2 Threatening, fighting, intimidating,
coercing, and/or interfering with the work
of co-workers, resulting in serious violence. ⸸
V-3 Accepting outside work, the same or in
competition with the products of the
company, outside of official working ⸸
hours, without permission from the mgmt.
V-4 Possession, addiction, and/or attempting
to enter company compound under the
influence of illegal drugs such as marijuana, ⸸
cough syrup, rugby, heroin, and the like.

V-5 Possession of explosives, firearms and

deadly weapons, with or without
government permit of 3” blades. ⸸
V-6 Unauthorized possession of company
property, equipment, supplies and products
outside of company premises. ⸸
V-7 Bringing company records and documents
outside the company compound without
written authority, and revealing secret, and
confidential information to unauthorized ⸸
parties.

V-8 Six (6) infractions or violations of any of

the foregoing rules and regulations within
a twelve (12) month period. ⸸
V-9 Unauthorized operation or use of machines
or equipment, if such act results in damage
or injury. ⸸
V-10 Unauthorized operation or use of machines
or equipment, if such act results in damage
or injury. ⸸
V-11 Stealing or conspiring to steal from the
company or stealing from others within
the company premises. ⸸
V-12 Tampering with timecard entry or punching
the timecard of another employee. ⸸
 VI. ACTS OF SEXUAL HARRASMENTS

COMMITMENT AND RESPONSIBILITY

WEI YUAN, representing its employees believes that the working environment should at all
times be supportive of the dignity and self-esteem of individuals.

Achieving this desired environment greatly depends upon the mutual respect, cooperation
and understanding between fellow workers. Attitudes and behavior that undermine this goal are
detrimental to all and should not be tolerated. High on the list of unacceptable behavior is sexual
harassment, which is deemed unlawful by Republic Act No. 7877, known as “The Anti-Sexual
Harassment Act of 1995.”

WEI YUAN is committed to maintaining a work environment that is free from sexual
harassment and all forms of sexual intimidation and exploitation. In keeping with this commitment,
we will not tolerate harassment of WEI YUAN’ employees by anyone, including any of its supervisors,
co-workers, vendors, clients or customers.

WEI YUAN also considers a violation of its sexual harassment policy relation / reprisal in any
way against anyone who has articulated any concern about sexual harassment, whether that
concern directly relates to sexual harassment or results to discrimination against the individual
raising the concern or against another individual.
1. DEFINITION OF TERMS
1.1 Work or Training Environment – refers to the place or environment where work is
being undertaken or training is going on or where an employment or training
relationship exists between and among individuals.
1.2 Assault – refers to any attempt or threats to inflict injury upon the person of
another, when coupled with an apparent present ability to do so and any intentional
display of force such as would give the victim reason to fear or expect immediate
bodily harm. It may be committed without actually touching, or striking, or doing
bodily harm, to the person of another.
1.3 Committee – refers to Committee on Decorum and Investigation mentioned in Sec. 4
of Republic Act No. 7877
 1.4 Managerial Employee – refer to one who is vested with powers or prerogatives to
lay down and execute management policies and / or hire, transfer, suspend, lay-off,
recall, assign or discipline employees.
1.5 Supervisory Employee – refers to one who, in the interest of the employer,
effectively recommends such managerial actions if the exercise of such authority is
not merely routine or clerical in nature but requires the use of independent
judgment.
1.6 Trainee – refers to a person undergoing an organizational and instructional process
undertaken by the company through which an individual acquires any knowledge
and skill.
1.7 Complainant – refers to the party filing the complaint.
1.8 Respondent – refers to the individual charged or against whom the complaint is
filed.
1.9 Progressive Discipline – refers to the penalty imposed from reprimand, warning and
suspension to dismissal from service.

2. WHEN SEXUAL HARASSMENT IS COMMITTED

Any person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, request or otherwise requires any
sexual favor from the other regardless of whether the demand or request has been
heeded. Harassment is committed when:

2.1 A sexual favor is made as a condition in the hiring, or in the employment or re-
employment or continued employment of the said individual, or in granting said
favorable compensation, terms, conditions, promotions or privileges; or
2.2 The refusal or grant of the sexual favor results in limiting, segregating or classifying
the employee which in any way would discriminate, deprive or diminish
employment opportunities or otherwise adversely affect said employee;
2.3 The above acts would impair the employee’s rights or privilege under existing labor
laws;
2.4 The above acts would result in an intimidating, hostile or offensive environment for
the employee.

3. WHERE SEXUAL HARASSMENT CAN BE COMMITTED

 Sexual harassment may be committed in any work or training environment, which
includes but is not limited to the following:

3.1 In or outside the office building or training site;

3.2 At the office or training-related social functions;
3.3 In the course of work assignments outside the office;
3.4 At work-related conferences, studies or training sessions;
3.5 During work-related travel.

4. FORMS OF SEXUAL HARASSMENT

Sexual harassment may take many forms. It may be subtle and indirect or blatant or
overt. It may be physical, verbal or visual in nature. Sexual harassment acts may include
but are not limited to the following:

4.1 Persistently telling smutty jokes to a co-employee who has indicated she / he finds
them offensive;
4.2 Taunting a co-employee with constant talk of sex or sexual innuendos;
4.3 Displaying offensive pictures or publications in the workplace;
4.4 Asking a co-employee intimate questions on his / her sexual activities;
4.5 Making offensive hand or body gestures at a co-employee; staring or leering at a co-
employee;
4.6 Making obscene phone calls to a co-employee during and outside work hours;
4.7 Pinching, unnecessarily brushing up against a co-employee’s body;
4.8 Requesting for dates or favors in exchange for a job, favorable working conditions or
assignments;
4.9 Touching a co-employee in sensitive parts of his / her body, threats of a sexual
nature and actual sexual assault.

Any persons who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another, without
which it would not have been committed, shall also be liable under this Rule.

5. RETALIATION FOR SEXUAL HARASSMENT COMPLAINTS

 Any person against whom a complaint for sexual harassment is filed is deemed to
commit retaliatory acts under Art. 248 (f) of the Labor Code when he carries out any of
the following:

5.1 Disciplining, changing work assignments of, providing inaccurate work information
to, or refusing to cooperate or discuss work-related matters with any employee
because that employee has complained about or resisted harassment,
discrimination or retaliation;
5.2 Intentionally pressuring, falsely denying, lying about or otherwise covering up or
attempting to cover up acts of sexual harassment;
5.3 Threatening the promotional opportunities, job securities and other service-related
benefits and privileges;
5.4 Other acts similar to the foregoing.

6. RESPONSIBILITIES OF THE EMPLOYER OR HEAD OF OFFICE

It shall be the responsibility of the employer or head of office to prevent or deter the
commission of acts of sexual harassment. It shall provide procedures for the resolution,
settlement, or prosecution of acts of sexual harassment. It shall provide procedures for
the resolution, settlement, or prosecution of acts of sexual harassment.

Towards this end, the employer or head of office shall promulgate the appropriate
rules and regulations in consultation with and jointly approved by the employees
through their duly designated representatives. Such rules and regulations shall
prescribe the procedures for the investigation of sexual harassment cases and
administrative sanctions therefore.

7. FILING OF A COMPLAINT FOR SEXUAL HARASSMENT

A complaint for sexual harassment should be filed with the Committee on Decorum
and Investigation.

Any complaint concerning sexual harassment must be put in writing, signed and
sworn to by the complainant and filed with the Committee on Decorum and
Investigation within three (3) years after the incident. WEI YUAN will provide its
 employees with convenient confidential and reliable mechanisms for reporting incidents
of sexual harassment and retaliation.

8. COMMITTEE ON DECORUM AND INVESTIGATION

The Committee on Decorum and Investigation is composed of one (1) representative
each from the management, union, employees from the supervisory rank and from the
rank-and-file employees who shall be elected by the members of the group of
employees that they represent. The Committee shall undergo gender sensitivity
training.

9. FUNCTIONS OF THE COMMITTEE

The Committee shall have the following functions:

9.1 Receive complaints, investigate and hear sexual harassment cases, prepare and
submit reports with the corresponding recommendations;
9.2 Conduct meetings with officers, employees, trainees and apprentices to increase
understanding and present incidents of sexual harassment.
9.3 Promulgate rules on proper decorum and behavior in the workplace. The names,
responsibilities, work locations and phone numbers of each Committee member will
be routinely and continuously posted so that an employee seeking such name can
enjoy anonymity and remain inconspicuous to all of the employees in the workplace
in which he or she works.
Any member of the Committee who complains or is complained of sexual
harassment shall inhibit himself / herself from participating in the deliberations of the
Committee.

10. PROCEDURES FOR MAKING, INVESTIGATING AND RESOLVING SEXUAL HARASSMENT

AND RETALIATION COMPLAINTS
The procedure may be as follows:
10.1 Complaint.
10.1.1 No particular form is required but the complaint must be in writing, signed
and sworn to by the complainant. However, it must contain the following:
a. the full name and address of the complainant;
b. the full name and address of the respondent;
 c. a specification of the charge or charges;
d. a brief statement of the relevant and material facts.

Where the complaint is not under oath, complainant shall be summoned by

the Committee to swear to the truth of the allegations in the complaint.

10.1.2 In support of the complaint, the complainant shall submit any evidence he /
she has, including affidavits of witnesses, if any, together with the
complaint.

10.1.3 Where the complaint is vague or too general, the Committee may require
the complainant to specify the acts complained of as sexual harassment in
writing within five (5) days from the receipt of the notice, otherwise the
complaint shall be dismissed.
10.1.4 A withdrawal of the complaint made or filed at any stage of the proceeding
shall not preclude the Committee from proceeding with the investigation of
the case.

10.2 Answer
10.2.1 The answer shall be filed within ten (10) days from receipt of the complaint.
10.2.2 The answer shall be in writing, signed, and sworn to by the respondent, and
a copy furnished to the complainant. No particular form is required but it is
sufficient if the answer contains a specific admission or denial of the charge
or charges and a statement of the relevant facts constituting the
respondent’s defense.
10.2.3 The respondent shall indicate in his / her answer whether or not he / she
will elect a formal investigation.
10.2.4 In support of the answer, the respondent shall submit any evidence he / she
has, including affidavits of witnesses, if any, together with the answer.
10.2.5 The answer may be filed through personal service or by registered mail. If it
is filed by registered mail, the data or mailing shall be considered as a date
of filing.
10.2.6 Unless otherwise directed by the Committee, failure of the respondent to
file an answer or to appear in the investigation shall be construed as a
 waiver to present evidence in his / her behalf. On the basis of evidence and
pleadings submitted and the report / recommendation of the Committee
referred to under Section 6 hereof, the Head of the Personnel Office shall
then resolve the case.

10.3 Reply – The complainant may file a reply within ten (10) days from the receipt of the
answer.

10.4 Preventive Suspension

10.4.1 The Head of the Personnel Office may suspend any officer or employee for
not more than thirty (30) days pending an investigation, if there are strong
reasons to believe that the respondent is guilty of charges, which would
warrant his / her removal from the service.
10.4.2 When the case against the officer or employee under preventive suspension
is not finally decided within a period of thirty (30) days after the date of
suspension of the respondent, he / she shall automatically be reinstated in
the service; Provided, that when the delay in the disposition of the case is
due to the fault, negligence or petition of the respondent, the period of the
delay shall not be counted in computing the period of suspension.

10.5 Hearing
10.5.1 After all the pleadings have been submitted, the Committee may conduct a
hearing not earlier than five (5) days nor later than ten (10) days from the
date of receipt of the respondent’s answer or complainant’s reply if any, and
shall terminate such hearing within thirty (30) days from the filing of the
charges. However, the Committee may extend the period of hearing if it
deems necessary.
10.5.2 The parties and their respective witnesses shall be notified of the scheduled
hearing at least five (5) days before the date thereof, specifying the time,
date and place of hearing.
10.5.3 Either party may require the attendance of witnesses and the production of
documentary evidence in his / her favor through the compulsory processes
of subpoena or subpoena duces tecum.
 10.5.4 Either party may avail himself / herself of the services of counsel.
10.5.5 No postponement shall be granted except in meritorious cases.
10.5.6 All documentary evidence shall be admitted for whatever value they may
have and shall be attached to the record of the case.
10.5.7 The parties may be required to submit their respective memoranda within
ten (10) days after the hearing of their case.
10.5.8 Report and Recommendation – A report / recommendation shall be
submitted by the Committee to the Head of Personnel Office within fifteen
(15) days after conclusion of the investigation or hearing.
10.6 Decision
10.6.1 Within thirty (30) days from receipt of the Committee report and
recommendation, the Head of the Personnel Office shall render his / her
decision.
10.6.2 The decision of the Head of Personnel Office shall be final and executory ten
(10) days after receipt of the copy thereof by the parties unless a motion for
reconsideration or appeal is filed with the Head of Personnel Office.

10.7 Motion for Reconsideration

10.7.1 The aggrieved party may file a motion for reconsideration with the Head of
Personnel Office within ten (10) days from the receipt of the copy of the
decision based on any of the following grounds:
a. New evidence has been discovered which materially affects the
decision.
b. The decision is not supported by the evidence on record.
c. Errors of law or mis-appreciation of facts

10.7.2 The motion for reconsideration shall be deemed filed on the date of receipt
by the Head of Personnel Office, if filed personally, or on the date shown by
the postmark on the envelope, which shall be attached to the records of the
case if by registered mail.
10.7.3 A motion for reconsideration suspends the running of the period of appeal.
10.7.4 Nothing in this procedure shall preclude the victim of sexual harassment
from instituting a separate action in the proper courts.
11. SCHEDULE OF PENALTIES
The following schedule of penalties may be adopted for all violations of the sexual
Harassment Policy.

Where progressive discipline is provided for in the Company’s Statement of

Prohibited Conduct, violation of this Policy moves the offending employee through the
steps of disciplinary action. In other words, it is not necessary for an employee to repeat
the same precise conduct in order to move up the scale of discipline.

A written record of each action taken pursuant to the Policy will be placed in the
offending employee’s personnel file. The record will reflect the conduct, or alleged
conduct, and the warning given, or other discipline imposed.

11.1 Assault and Rape – any employee is first given proven offense of assault or threat of
assault, including assault of a sexual nature, attempted, frustrated and
consummated rape will result in dismissal.

11.2 Other acts of harassment by co-workers – an employee’s commission of acts of

sexual harassment other than assault will result in written warning, suspension or
discharge upon the first proven offense, depending upon the nature and severity of
the misconduct, and suspension or discharge upon the second proven offense,
depending on the nature and severity of the misconduct.

11.3 Retaliation – alleged retaliation against a sexual harassment complainant will result
in non-disciplinary oral counselling. Any form of proven retaliation will result in
suspension for the first proven offense and discharge for the second proven offense.

A supervisor’s commission of acts of sexual harassment (other than assault) with

respect to any other employee under the person’s supervision will result in final warning
or dismissal for the first offense, depending upon the nature and severity of the conduct
and discharge for any offense.

12. RULES ON EDUCATION AND TRAINING TO ENFORCE SEXUAL HARASSMENT POLICY

 To educate them about the problems of sexual harassment in the workplace and
techniques for investigating and stopping it, education training for employees at each
level of the work force is critical to the success of WEI YUAN’s policy against sexual
harassment. The following documents address such issues: the letter to be sent to all
employees from company’s Chief Executive Officer / President, the Sexual Harassment
and Retaliation Complaints and schedule of penalties. These documents will be
conspicuously posted throughout the workplace at each division of WEI YUAN, on each
company bulletin board, in all central gathering areas, and in every locker room. The
Statements must be clearly legible continuously. The letter will indicate that copies are
available at no cost and how they can be obtained.

Education posters using concise messages conveying WEI YUAN’S opposition to

workplace sexual harassment will reinforce the company’s policy statement.

12.1 Education and training include the following components:

12.1.1 For all WEI YUAN’S employees: As a part of general orientation, each
recently hired employee will be given a copy of the letter from the Chief
Executive Officer / President and requested to read a sign as receipt of the
company’s policy statement on sexual harassment so that they are on notice
of the standards of behavior expected. In addition, supervisory employee’s
who have attended a management training seminar on sexual harassment
will explain orally at least once every six months at meetings attended by all
employees the kinds of acts that constitute sexual harassment, the
company’s serious commitment to eliminating sexual harassment in the
workplace, the penalties for engaging in harassment, and the procedures for
reporting incidents of sexual harassment.

12.2 For all female employees: All women employed in WEI YUAN will participate on
company time in annual seminars that teaches strategies for resisting and
preventing sexual harassment. At least half-day in length, these seminar will feature
experienced sexual harassment educators, including one instructor with work
experience in the trades.
 12.3 For all employees with supervisory authority over other employees, including
superintendents and all employees working in a managerial capacity: All supervisory
personnel will participate in an annual, half-day-long training session on sexual
discrimination harassment. The owner of WEI YUAN will introduce the seminar with
remarks stressing the potential liability of the company and the individual
supervisors for sexual harassment and the need to eliminate harassment.
Participants will be informed that they are responsible for knowing the contents of
WEI YUAN’S sexual harassment policy and for giving similar presentations at meeting
to employees.

12.4 For all Investigating Officers: The Investigating Officers and their designees, if any,
will attend annual full-day training seminars conducted by experienced sexual
harassment educators and / or investigators.

13. RESPONSIBILITIES OF SUPERVISORY / MANAGERIAL EMPLOYEES

An effective sexual harassment policy requires the support and model behavior of
company personnel in positions of authority. WEI YUAN’S agents or employees who
engage in sexual harassment or retaliation or who fail to cooperate with company-
sponsored investigations of sexual harassment or retaliation may be severely sanctioned
by suspension or dismissal. By the same token, officials who refuse to implement
remedial measures, obstruct the remedial efforts of WEI YUAN’S employees, and / or
retaliate against sexual harassment complainants or witnesses may be immediately
sanctioned by suspension or dismissal.

14. SUPPORT SERVICES THAT COMPANY CAN GIVE TO VICTIMS

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

VII. OTHERS

Other provisions outside of this policy may be formulated to address particular condition
of operation.

VIII. PROCEDURE IN HANDLING ADMINISTRATIVE CASES

A. Constitution and Appointment of the Committee

1. An Investigation Committee shall be created to investigate infractions or violations

which may lead to suspension or dismissal in accordance with Section IV of this
policy (the “Committee”). Infractions involving the imposition of warning and stern
reprimand shall be determined by the Immediate Superior of the Employee
concerned.

However, in cases involving sexual harassment or safe spaces, these shall be

investigated pursuant to the Rules of the COMMITTEE ON DECORUM AND
INVESTIGATION OF SEXUAL HARASSMENT CASES of the Company, in accordance
Republic Act No. 7877, Republic Act No. 11313 and the Company’s policies related
to these laws.

2. The Committee shall consist of five (5) members, all of whom must be impartial
and objective and must not have a vested interest in the matter under
investigation.

3. The members of the Committee shall be the following: the, the Company’s Legal
Counsel, Internal Auditor and three (3) independent persons who were not directly
involved in the events or conduct in question.

4. The Company’s Legal Counsel shall act as the Chairperson of the Committee while
the head of Human Resources Department/Corporate Services Group shall serve
as the Secretariat.

B. The following are the guidelines in choosing the three (3) independent members of
the Committee:

1. Should not belong to the same department as the Employee under investigation.

2. Employee rank should be at the Manager level or above.

3. Should not have any derogatory record.

C. The functions and powers of the Committee include the following:

1. The Committee may schedule hearings, in relation to the investigation.

2. The Committee may request the submission of additional documents and

evidence, including the submission of the written explanation of witnesses.

3. The Committee may recommend to the Company, for the preventive suspension
of an Employee subject of an investigation, while the investigation is ongoing, if
the Employee’s continued employment poses imminent danger to Company
property or to any of the Employees.
 Preventive suspension must not exceed thirty (30) days, the Company shall
thereafter reinstate the worker in his/her former position or in a substantially
equivalent position.

However, if more time is needed for investigation, extension of the preventive

suspension can be made but with pay and as well as the other benefits due to the
Employee. In such a case, the Employee shall not be bound to reimburse the
amount paid him/her during the extension if the Company decides, after
completion of the hearing, to dismiss the Employee.

4. If, however, it is determined upon investigation that the Employee did not commit
the infraction or violation, the Employee shall be entitled to the corresponding pay
for the period of preventive suspension.

5. The Human Resources Department/Corporate Services Group shall implement the

preventive suspension notice indicating the period of suspension and date of
commencement of suspension, including the non-payment of salaries and
benefits.

6. In the conduct of the investigation, the Committee may invite a subject-matter-

expert (SME).

D. Cases involving Executive Officers of the Company (i.e., the positions with job
level eight (8) and above) - shall be investigated by the Governance Committee, who
may adopt the rules herein, and any findings shall be forwarded to the Chairman of
the
Board for disposition.

E. Procedures on Disciplinary Action:

1. Warning and Stern Reprimand

a. Any infraction or violation committed by an Employee, within Company

premises, should be reported by the aggrieved Employee or any Employee
witnessing such violation in writing by submitting an Incident Report to the
Employee’s Immediate Superior within five (5) working days upon the
commission of the violation or witnessing of such infraction/violation.
Failure to file an Incident Report within the said period shall bar the filing
of any Disciplinary Action under this policy.

b. The Immediate Superior shall validate if the reported

infraction/violation constitutes a violation of this policy. If the observed
infraction/violation involves a penalty of warning or stern reprimand, the
Immediate Superior shall give a Notice to Explain (“NTE”) to the said
Employee in accordance with the procedure under this policy. If, after the
 receipt of the NTE, the Immediate Superior deems the alleged violation
does not constitute a violation of this policy, the case shall be terminated
or if an infraction has been committed and the penalty is warning or stern
reprimand, the Immediate Superior shall investigate and impose the
penalty as provided under this policy.

c. In support of his/her written explanation, the Employee may include

written statements of witnesses and other evidence. In the event that the
Employee needs more time, the Employee shall inform the Immediate
Superior in writing. The Immediate Superior has the prerogative to grant or
deny an extension. Failure to submit any written explanation within the
period provided herein shall be deemed a waiver on the part of the
Employee of his/her right to be heard. and the Immediate Superior may
make his Decision based on the documents on hand.

d. The Immediate Superior shall have a period of five (5) working days
from receipt of the written explanation to investigate and issue a written
report (the “Report”). The Report should state clearly the findings and
recommendations of the Immediate Superior. The Employee will be
required to sign the Report, which shall be submitted by the Immediate
Superior to the Human Resources Department/Corporate Services Group
within two (2) working days from the date of issuance of the Report.

e. If, based on the Report, the applicable penalty is a warning or stern

warning, the Immediate Superior shall issue the penalty within two (2)
working days from the date of issuance of the Report. The Immediate
Superior shall submit with the Report a written confirmation that the
penalty was issued to the Employee, indicating the date when the same
was issued and when the penalty was served by the Employee. A copy of
the imposition of the penalty shall be annexed to the written confirmation,
if applicable.

2. Suspension or Dismissal

a. If the violation involves the penalty of suspension or dismissal, the

Immediate Superior shall submit a copy of the Incident Report within three (3)
working days from receipt to the Human Resources Department /Corporate
Services Group who shall convene the Committee within five (5) working days
from receipt to review the same pursuant to Section VIII of this policy. The
Human Resource/ Corporate Services Group shall provide the Committee with
copies of the Report and Records.

b. The Committee shall issue a Notice to Explain (NTE) to the Employee

concerned within five (5) working days from its constitution. The Employee
shall be given five (5) working days upon receipt of the NTE to submit his/her
written explanation. Any request for extension shall be upon the approval of
the Committee.
c. The Committee shall then conduct a hearing within ten (10) working days
from the receipt of the NTE and shall furnish the Employee a notice to attend
the hearing within three (3) working days prior to the intended dated of the
hearing. During the hearing, the Employee may bring any and all documents to
support his/her claim and may be assisted by a lawyer should the Employee so
desire. Failure to attend by the Employee of the hearing, despite being duly
notified and without justifiable cause, shall be deemed as a waiver of his/her
right to be heard and the Committee will render its decision based on the
documents on hand.

d. The Committee, thereafter, shall have a period of ten (10) working days upon
the termination of the hearing to issue its Decision which should state clearly
the findings, facts and jurisprudence relied.

e. If based on the Decision the penalty is suspension, the Notice of Decision shall
indicate the period of suspension and commencement date, including the non-
payment of salaries and benefits during the period of suspension. The
Human Resources Department/Corporate S e r v i c e Group shall implement
the suspension notice.

f. If based on the Decision the penalty is termination, the Notice of

Decision shall inform the Employee of the decision to terminate such
 Employee and date of effectivity of termination, the forfeiture of all accrued
benefits such as convertible leaves, entitlement to the retirement plan and
others.

g. The Employee will be required to sign a copy of the Notice of Decision, which
shall be submitted to the Human Resources Department/Corporate Services
Group, for recording and inclusion in the Employee’s 201 file.

h. If the penalty imposed is dismissal, the Employee may appeal in

writing to the President within five (5) working days from receipt of the
Decision who may impose the penalty of suspension for thirty (30) days if
there are mitigating circumstances to consider .The President shall have a
period of five (5) working days to issue a written decision regarding the
appeal which decision shall be final and executory.

i. Mitigating circumstances may include the Employee’s exemplary

performance or length of service with the Company.

j. If it is determined that the Employee did not commit the infraction or

violation, the Decision, Report and Records shall not be included in the
Employee’s 201 file, or if included, shall be removed from the Employee’s
201 file. The Human Resources Department/Corporate Services Group
however, shall keep in a separate file the original copies of the Decision,
Report and Records, for monitoring and filing purposes only.

In all investigation, third parties are restricted from any access to information such as to
reports, documents and others submitted to the Committee.

To maintain impartiality, the Company’s legal counsel shall not participate in any
discussion between the Immediate Superior and the Human Resources/Corporate Service
Group in determining the sufficiency or merit of any Disciplinary Action cases

The aforesaid penalties, after being served in whatever level of offenses, shall be stricken
out from Company records based on the following periods for purposes of determining
promotions, salary adjustments, grant of benefits and others.

• Below Suspension - 1 year

• Suspension - 2 years

However, the documents shall be maintained in the Employee’s 201 file for record
purposes.
IX. APPROVAL AND DISCLOSURE

The Board of Directors has the authority to approve this policy. The Human Resources
Department/Corporate Services Group shall be responsible to disseminate the policy to
all Employees for their information and proper guidance.

X. COMPLIANCE WITH PHILIPPINE LAWS AND REGULATIONS

Each EDU Company expects its employees to conduct business in accordance with
Philippine laws and regulations. Employees are encouraged to consult with Legal
whenever there is any doubt concerning the legality of any matter.

Any suspected criminal violations will be reported to the appropriate authorities. Non-
criminal violations, as provided herein, will be investigated and addressed as appropriate.

XI. AMENDMENT Amendment

Clause

The WEI YUAN CONSTRUCTION MANAGEMENT, INC shall periodically review the
implementation of this policy and may change, modify or amend any provision hereof, as
may be necessary and appropriate, to support business goals and to comply with
operational requirements. This policy may be further amended in accordance with new or
amended labor laws and implementing rules and regulations that are relevant and
applicable to this policy.
 ACKNOWLEDGEMENT

I acknowledge to have received a copy of

WEI YUAN CONSTRUCTION MANAGEMENT, INC.

COMPANY POLICY. I further acknowledge that the contents have been read
and explained to me and that I understand all the provisions stated herein
and that I will
abide by the rules at all times.

Signature over Printed Name

Group/Functional Group

Date

Copy for Employee

 ACKNOWLEDGEMENT

I acknowledge to have received a copy of

WEI YUAN CONSTRUCTION MANAGEMENT, INC.

COMPANY POLICY. I further acknowledge that the contents have

been read and explained to me and that I understand all the provisions
stated herein and that I will
abide by the rules at all times.

Signature over Printed Name

Group/Functional Group

Date

Copy for 201 File