Code of Conduct v1 042011

8/3/2019 Code of Conduct v1 042011

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CODE OF CONDUCT


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Commercial in Confidence XMG Global, Inc. Page: 2Code of Conduct MKA V1 04-2011

Foreword

The Code of Conduct exemplifies XMG Globals commitment to the highest standard and quality of

service to its clients. It aims to bring people from different backgrounds, perspectives, norms andvalues to work together in fulfillment of this commitment.

The Company endeavors to provide a work environment where each individual is treated with respectand dignity. The Code of Conduct serves as a communication tool upon which everyone in theorganization carries themselves and defines the ideal and acceptable standards of behavior.

The Company believes that each member of the organization must be given the opportunity to becoached and counseled. The Code of Conduct provides this mechanism to ensure that when deviationsare committed, corrective actions shall always be constructive, consistent, objective and fair.

Scope

The Code of Conduct applies to all personnel regardless of employment status and rank, and covers allactions pertaining to infringements or deviations committed on the Companys time or within itspremises.

Company premises include areas where the personnel perform official duties even if such areas arephysically outside of XMG Global.

For purposes of defining the scope, the term personnel applies to any and all of the following:

1. officials and regular employees of XMG Global2. probationary employees3. contractual employees4.

part timers and consultants

5. interns6. project employees

Definition of Terms

1. Standard Behavioror Expected Conduct is the respect, observance, understanding and recognition of authority aslong as it is lawful and in accordance with XMG Globals rules and regulations, policies andprocedures and established authority.

2. Corrective ActionCorrective action is the disciplinary measure meted out to employees to instill a fullerunderstanding of and conformity with the Companys rules and regulations, policies and proceduresand established authority.

3. Verbal AdviceIf a problem has not been corrected through counseling and coaching discussions, the supervisordiscusses the Work Performance, Conduct, or Human Asset Development problem with theemployee in a private meeting. The supervisor reminds the employee of the importance ofcommitment to Company standards and performance excellence as well as the impact to the team.


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Together the problem is discussed and the employees commitment to change is sought.Performance plans should be jointly developed so that the employee knows specifically what mustbe done in order to demonstrate ownership for his/her results and relationships meet expectationsand return to an accepted level of performance. Note: A MEMO 1 for Conduct Violation and MEMO

2 are used to document a corrective action with an erring employee.

4. Written AdviceThe Written Advice is the next progressive step in the corrective action system and should be usedwhen an employees commitment to improve is not met at anytime within the three-month activeperiod for a Verbal Advice, or when an employee commits an offense serious enough to warrantthis level of action (whether or not any previous action has been taken).

5. Days of SuspensionThe Days of Suspension is the final step in the corrective action process. This step is appropriatewhen an employees commitment to improve is not met during the six- month active time periodfor a Written Advice or there is an offense so serious it warrants this level of corrective action(whether or not previous action has been taken). The Days of Suspension requires approval by the

next level of management. All Suspension requires consultation with Human Resources prior todelivery. If there is a disagreement between the lead/manager and Human Resources on thedecision, it will require the Founding President to review the recommendation. The final decisionwill remain with the Founding President.

The lead/manager and HR Officer will meet with the employee to issue the Suspension Notice.During the discussion, the employees overall work record, including past reviews, formal actionpreviously taken and notes from other conversations, is reviewed.

At the conclusion of the discussion, the employee is given a choice to commit to improve his jobperformance or accept consequences for his/her violations. The employee reports his/her decisionto the supervisor the first working day after the suspension.

6. Preventive SuspensionPreventive Suspension is the temporary barring of an employee from reporting to work who isaccused of committing a serious offense where his/her continued presence within the Companyposes a serious imminent threat to the life and property of his or her co-workers or to theCompany.

Preventive suspension can be meted out prior to or during an investigation and shall be in effectuntil the final resolution of the case. Preventive Suspension shall be without pay and should notlast more than 30 days. However, the employer may extend the preventive suspension should theinvestigation take longer than thirty (30) days, provided that the employee is paid his or her wagesduring the extension.

Preventive suspension is not a disciplinary measure. It is distinguished from suspension imposed asa penalty. If at the end of the investigation, the employee is found not to be guilty, he/she will bepaid on the days that he/she was placed on preventive suspension.

7. TerminationTermination is the dismissal of an employee for just cause.


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Active Periods for Corrective Action (MEMO)

The focus of corrective action levels should remain developmental and future-focused. The goal isdevelopment of good performance in the future, the individual employees responsibility for his/her

performance, results and relationships.

XMG Global has the right to expect a total performance commitment from its employees. This includesthe expectation that performance infractions that warrant formal corrective action will never requiresimilar action. Likewise, employees have the right not to have past performance problems remain intheir files forever, running the risk of an adverse effect on their careers. Accordingly, formalcorrective action levels remain active for the following time periods:

Verbal Advice Three months

Written Advice Six months

Suspension Twelve months

When corrective actions deactivate, the supervisor will notify the employee of the deactivation and

the need to schedule a meeting as soon as possible.

The time for calculating the active period for the formal level will be extended by the time theemployee was off of regular status when the employee returns to work.

Performance Categories and Repeat Violations

Performance problems requiring corrective action are divided into three general categories:

1. Work Performance.2. Conduct.3. Human Asset Development (applies to supervisory and management employees

only)

If an employee commits an offense in the same category as that in which a specific level of correctiveaction is currently active, the second offense would normally escalate to the next level. In such aninstance, the first action would not deactivate until the subsequent action(s) deactivate(s).

If an employee has a level active in one performance category and commits an offense that warrantscorrective action in another category, the level of the first corrective action may be repeated for thesecond offense. The following guidelines should be used:

1. No more than two active Verbal Advice may be in effect at any time;2. No more than two active Written Advice may be in effect at any time;3. No more than one active Suspension may be in effect at any time;


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Definition of Roles

The responsibility of ensuring that XMG Globals standard of behavior and expected conduct are upheldis jointly vested upon the supervisors, managers and the Human Resources. They have the authority to

initiate any corrective action whenever a deviation from the Companys rules and regulations arecommitted.

A. Manager/Lead1. Maintains discipline and the expected conduct among subordinates to achieve desired goals and

performance level of his/her section or unit.2. Ensures that policies and guidelines prescribed in this Code are followed.3. In case of infringement of or deviation from the Companys rules and regulations by any of the

subordinates, he investigates the matter and observes due process of law in accordance with theprovisions and guidelines set in this Code.

4. Prepares the required reports on cases investigated and/or corrective actions meted out forsubmission to the Group Head.

5. Recommends the necessary corrective action or sanction.

B. Human Resources1. Monitors proper implementation of the policies and guidelines contained in this Code.2. Advises managers and leads as to how policies and guidelines should be implemented.3. Ensures that such policies, rules and regulations are regularly updated based on the needs of the

Company. This is done in close consultation with the Founding President.4. Advises/counsels other groups on how to handle sensitive cases involving termination or final

warning leading to a termination.5. Clarifies matters with regard to the interpretation of the Code of Conduct.6. Encourages the development of an atmosphere where positive behavior is second nature to

everyone.

C. Founding President1. Acts as the final arbiter in case of impasse or deadlock in the corrective action to beimplemented.

2. Makes the final approval in cases involving termination or preventive suspension leading to atermination.

System of Sanction

Degree ofSanction

First Offense Second Offense Third Offense Fourth Offense

A Verbal Advice Written Advice 7 days SuspensionTermination

B Written Advice7 days

Suspension

Termination

C 7 days Suspension Termination

D Termination


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INFRACTION Degree ofSanction

Rule I Acts of Dishonesty and Fraud

1. Betrayal of XMG Global Trust and ConfidenceUnauthorized disclosure of confidential information which includes but not limited to XMG Global andClient record, trade secret, formula, methodology, financial operation or statement, and other XMGGlobal and Client documents, to other companies or persons

D

2. Robbery, Theft, Pilferage and Misappropriation of FundsRobbery, theft, pilferage, misappropriation of funds or its attempt in any form or manner

D

3. Falsification of Documents/CheatingFalsifying any document, record or information, which include but not limited to personnel orfinancial or production record, voucher, receipt, time sheet, application form; or presenting suchfalsified document, records or information in any study, inquiry, research, investigation orproceeding in which XMG Global is involved

D

4. Bribery/Special Treatment or PrivilegeBribery in any form or manner, or accepting/soliciting anything of value in exchange for or inconsideration of any act, decision or service connected with the performance of the employeesduties.

D

5. SwindlingDefrauding guests, suppliers, outside agencies, officers or other employees through false pretenses orfalsification of documents.

D

6. False TestimonyGiving false statements or testimonies to avoid responsibility or to distort the true facts to giveundue advantage to ones self or another.

D

7. Fraudulent ActsObtaining or attempting to obtain materials through fraudulent order and collusion with the persondoing so, in which the XMG Global has suffered or stands to suffer monetary and material loss.Improperly withdrawing XMG Global supplies, records, equipment, tools or other assets from the XMGGlobal without proper authorization.

D

8. Unauthorized Sale of XMG Globals PropertyEngaging in unauthorized sale of any XMG Global property, supplies, medicines or resources or anyproperty owned by or belonging to another employee.

D

9. Unauthorized Possession of Master keys, Duplicate Keys, etc.Unauthorized possession of master keys, duplicate keys, picklocks, and/or similar device which canopen offices, lockers, drawers, desks, cabinets, doors, rooms, offices, and other areas.

D

10. Use of XMG Global Time, Premises, etc. for Personal BenefitUsing XMG Global time, premises, tools, equipment, supplies or materials for personal benefit.

C

11. Hiding a Contagious DiseaseHiding a known contagious disease or major illness which include, but not limited to, HIV,Tuberculosis, Hepatitis, Sexually Transmitted Diseases, which may endanger the health or life ofguests, suppliers, officers and other employees.

D

12. Fraudulent Reporting of Sick LeaveCalling in sick or extending sick leave in order to obtain sick leave benefits or for other purposes.

C

13. Giving False InformationGiving false, inaccurate, misleading, incomplete, delayed or no information to outside agencies,suppliers, guests, officers or other employees, when the employee knows, should know, or is in a

position to obtain such information, resulting in inconvenience or expense to the guest, outsideagency, supplier, officer or other employees or personnel or loss of revenue or additional cost to XMGGlobal.

C

14. Unauthorized Access to Computer/FilesUsing computer terminal for other purposes/unauthorized access to the computer system. C

15. Other Acts of Dishonesty and FraudCommitting other acts of dishonesty and fraud where there is a clear intent of personal gain and thedishonest or fraudulent act is prejudicial to the guest, outside agency, supplier, officer or other

D


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employees and personnel of XMG Global, or the dishonest or fraudulent act is done to avoidresponsibility or serious consequence.

Rule II Acts against Decency and Morals1. Immoral Practices

Engaging in any immoral or unethical practices or offering services to customers or co-employeeswithin XMG Global premises (like pimping, providing male and female companion, etc.) or engagingin any conduct which violates common decency or morality like sexual exhibition, voyeurism, etc.

D

2. Sexual HarassmentSubject to Legislation.

D

Rule III Criminal Acts1. Conviction

Conviction of any criminal offense involving moral turpitude under Philippine or International law.D

2. Commission of a CrimeCommitting a crime against a person or XMG Global property within or outside XMG Global premises

D

3. Use of Sale of Prohibited DrugsUsing, possessing of, or pushing, selling or supplying of prohibited or dangerous drugs and theirderivatives to guests, suppliers, outside agencies, officers, and other employees.

D

4. Carrying Guns or Dangerous Weapons

Unauthorized carrying, bringing or attempting to bring firearms, ammunitions, explosives, sharp ordeadly weapons within XMG Global premises.

D

Rule IV Acts against Peace and Order

1. Destruction of PropertyDestroying or damaging property, records, or information of XMG Global, employees, visitors, vendorsand guests.

D

2. Endangering SafetyEndangering safety of employees, visitors, vendors and guests or unnecessary disruption of operationsthrough gross negligence, carelessness or inefficiency.

D

4. Working under the Influence of Liquor or Other Controlled SubstanceWorking under the influence of liquor or other controlled substances such as prohibited drugs, withinXMG Global premises or work area.

C

5. Smoking in XMG PremisesSmoking in XMG Global premises and other designated non-smoking areas. C

6. Entering/Using Restricted AreasUnauthorized entry or use of restricted areas or premises, i.e., server room, production floor, humanresources and finance area and the like.

C

7. Refusing to Comply with Prescribed/Control ProceduresFailure to comply or conform with prescribed or control procedures such as but not limited to,prescribed procedures on accidents, safety or security regulations that may prejudice employees,visitors, vendors, and guests and/or XMG Global property.

D

8. Assaulting or Inflicting Bodily HarmAssaulting, inflicting or fighting within XMG Global premises resulting in any kind of injury of anyviolent behavior, wielding any form of weaponry, even if no harm was actually inflicted to another,whether employees, visitors, vendors and guests, or outside XMG Global premises while on officialduty, except in case of defense of ones self or another against unprovoked assault.

D

10. Shouting, Threatening, Intimidating, Insulting or Quarreling Shouting, threatening, intimidating, insulting, quarreling or inciting to quarrel with an employee,visitor, vendor, or guest within or outside work premises.

D

11. Involvement in Riots and DisordersInstigating, provoking or participating in any riot and disorder that may result in work slowdowns orstoppage or disruption of any XMG Global sponsored activities.

D

12. Entering by ForceEntering or attempting to enter company premises by force, intimidation or deception.

D

13. Inducing, Encouraging, Coercing, Bribing, or Abetting Employee to Violate RulesInducing, encouraging, coercing, bribing, or abetting any employee or personnel to engage in any

D


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practice to deviate from XMG Global rules and regulations.

14. SabotageCommitting act/s of sabotage in any form or manner.

D

15. Unauthorized Distribution of Printed or Computer Network Materials

Distributing written or sending computer network/e-mail and related materials of any description toemployees, visitors, vendors, and guests without proper authorization form XMG Global Management. C

16. Unauthorized Posters/Announcements/NoticesPutting up of notices, announcements, posters, or other similar materials in XMG Global premises orin XMG Global computer network, bulletin boards or work premises without proper authorizationfrom the Management.

C

17. Other Acts of Disturbing Peace and OrderCommitting any other acts which disturb the peace and order within XMG Global premises, whetheron or off-duty.

D

18. Unauthorized/Improper Use of Instant MessagingUsing different instant messaging tools for non-work related purposes.

B

Rule V Acts against Good Conduct and Behavior

1. Libel/SlanderMaking libelous, malicious and false utterances or statements, publications or engaging in gossip

which tends to cause dishonor or embarrassment to employees, visitors, vendors and guests.

D

2. Discourtesy and Use of Disrespectful LanguageDiscourtesy either by acts or words, using disrespectful or offensive language against employees,visitors, vendors and guests.

D

3. Abuse of AuthorityCoercion, maltreatment, favoritism or any retaliatory act against a subordinate.

D

4. Uncontrolled Temper/DiscourtesyDisplaying uncontrolled temper/discourtesy unbecoming of a decent XMG Global employee.

C

7. Refusing to WorkRefusing to report for work after being certified as fit to work by the XMG Global accreditedPhysician.

C

8. Refusing to Accept Work, Change of Shift or Work LocationsRefusing to accept work assignment, change of shift or work locations as required by the exigenciesof the service or business operations.

D

9. Refusing to Render Overtime or Holiday/Rest Day Work

Refusing to render overtime, holiday or rest day work despite legitimate circumstances andreasonable notice, and/or after signifying willingness to perform authorized OT works.

C

10. Refusing to Work on Official BusinessRefusing to do official business outside XMG Global premises or outside working hours when requiredto do so by the superior.

C

11. Refusing to CooperateRefusing to cooperate with other employees or personnel in consonance with duties andresponsibilities, causing disruption of operations of the department or the business.

C

12. Refusing to Notify about Contagious or Deadly DiseaseRefusing to notify superior or HR about ones own contagious, communicable or deadly disease orrefusing to notify superior or HR while knowing another employee is suffering from contagious,communicable or deadly disease.

D

14. Refusing to Submit Required Medical ExaminationRefusing to submit to the required Medical, Dental, Physical and other health examinations, i.e.,prohibited drugs, HIV, Hepatitis, Sexually Transmitted Diseases that are required by the Company

D

15. Refusing to Carry Out InstructionsRefusing to carry out verbal or written instructions, policies and procedures or standard operatingprocedures or any legitimate order issued by the Management.

D

16. Refusing to Comply with Government RequirementsRefusing to comply with the national and local government requirements as required by XMG Global,i.e. health certificates, police clearance, etc.

A

17. Engaging in Any Form of Gambling or Game of Chance D


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Engaging in any form of gambling or games of chance inside the Company premises or while on dutyoutside XMG Global premises.

18. HorseplayEngaging in horseplay, mischief, running, making pranks, scuffling, throwing things or othermisdemeanors, improper or unnecessary acts while in XMG Global premises.

C

20. Refusing to Follow Policy on the Use and Care of XMG Global Property and ResourcesRefusing to follow policy on the use and care of XMG Global property and resources.

C

21. Refusing to Attend a Scheduled Training Session or Seminar Refusing to attend a scheduled training session or seminar despite advance notice.

C

22. Unauthorized ActivitiesConducting unauthorized activities, personal business, i.e. buy and sell business, or any unnecessaryundertaking such as watching TV, playing, sending irrelevant e-mail or text messages, readingunnecessary materials, surfing the internet on XMG Global time and/or premises without duepermission, from the Management.

B

23. Prolonging Break or Rest PeriodsProlonging break or rest periods or taking more break times than authorized.

A

24. Taking meal Breaks at Unauthorized timesNot following scheduled break time or taking meals prior to break time without approval bysupervisor/manager.

A

25. Leaving Duty Area/s or Going Outside XMG Global premises Leaving duty area/s or going outside XMG Global premises during working hours without properauthorization and relief.

B

26. Insubordination Willfully defying or disregarding XMG Global authority. Disobeying, delaying or non-execution of anyofficial system/procedure or any direct order or instruction written or verbal (with witnesses), thatresults to re-work disruption, prejudice, work stoppage, slowdown, delay, accident, injuries,damages or loss.

D

27. Engaging in Activities Promoting Non-work Relationships between Leads/Managers andSubordinates

Engaging in activities promoting or encouraging Non-Work Relationships between employees andlead/managers or administration personnel or failure to report Non-work relationships of the samenature when such situations may result to compromises in job performance and may affect theinterests of XMG Global.

B

28. Behaving in Unbecoming ConductBehaving or fraternizing of a physical or sexual nature which could potentially lead to compromisingsituations or possible Non-work relationships.

A

Rule VI Acts of Negligence

1. Failure to Account for XMG Global Revenue or Report Lost/Damaged XMG GlobalProperty

Failure to report loss of XMG Global revenue, property, or damage of property and/or its parts,assets, supplies, equipment, etc., within 24 hours to XMG Global management.

C

2. Causing Loss of Revenue or Causing Loss or Damage to XMG Global Property Causing loss of revenue or causing loss, spoilage or damage to Company property and/or its parts,assets, supplies, equipment, machinery, furniture or endangering the efficiency of the machines andequipment through negligence, carelessness or inefficiency.

(In case of loss or damage, the employee is required to pay in addition to the corrective action. XMGGlobal may, from time to time, issue guidelines, policies and procedures, instructions where thesanction other than provided in this Code is specifically given.)

C

3. AWOL in Excess of One (1) Working DayIncurring absence without official/authorized leave in excess of one (1) working day.

C

4. Abandonment of JobAbsence of 5 consecutive working days without official explanation received by the Company

despite 2 written notices to the employee.

D


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5. Failure to Report for WorkFailure to report for work promptly upon the expiration of the leave of absence without justifiablereason and approved / authorized written notice.

C

6. Failure to Log In or Out

Failure to record attendance by not logging in or out of the Attendance Sheet.

A

7. Failure to Sign In or Out for those assigned in Client premises Failure to record attendance by not properly logging in or out of the attendance record for thoseassigned in client premises as indicated in the Attendance and Time Keeping-Client Based Policy

A

8. Failure to Notify Change in Employee DataFailure to notify superior and HR, in writing, of change of employee personal data such as, but notlimited to, civil status, name of dependents or additional dependents, home address, outstandingloans and other employment information within five (5) working days from date of occurrence.

A

9. Unauthorized Entrance/ExitGaining entrance to or exiting form XMG Global by any means other than by the official entrance andexit designated for employees.

C

10. Failure to Take Corrective ActionFailure of the immediate superior/manager to report and/or take action on any violation of his/hersubordinate.

C

11. Failure to Attend a Scheduled Training Session or Seminar Failure to attend a scheduled Training Session or Seminar without justifiable reason.

B

12. Delegating Duties to OthersDelegating other responsibilities, functions, duties not officially designated or authorized for othersto perform, i.e. Supervisor delegating his/her work to a subordinate.

C

13. Failure to Comply with XMG Global Policies and Procedures Failure to comply or conform to Company policies and procedures promulgated from time to time.

C

14. Other Acts of NegligenceAny other acts which may endanger safety or superiors or employees or unnecessary disruption ofoperations through gross negligence, carelessness, or inefficiency.

C

RULE VII Acts Against Operational Policies1. Not Wearing Company ID

Violation of any regulation on the use or wearing of XMG Global company IDA

2. Sleeping While on DutySleeping in any position, during working hours.

C

3. Receiving Below Expectations RatingsReceiving two (2) successive Needs Improvement ratings in the Performance Evaluation while holdingthe same or equivalent position.

D

4. No Call No ShowNo Call No Show is defined failure to advice Immediate Supervisor of tardiness or absence within onehour prior to start of shift.

C

5. Frequent TardinessIncurring more than five (5) tardiness in a rolling 30-day period.

B


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MEMO 1 MEMO for Conduct Violation Part I

DATE: VIOLATION:

TO:Employee Name

FROM:Lead/Manager

Please explain in writing within forty-eight (48) hours upon receipt of this citation why you should notbe issued any corrective action for the alleged violation/deviation mentioned below in detail:

Please note that failure or refusal to reply to this memo within the said date shall mean admission tothe offense and we shall then effect corresponding corrective action.

For your compliance,

Received by:

Printed Name & Signature Date Printed Name and Signature DateLead/Manager Employee

*** Please use the space provided in this MEMO 1 Form for your written explanation/reply.


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EXPLANATION/REPLY TO MEMO 1

Received by:

Printed Name & Signature Date Printed Name and Signature DateEmployee Immediate Supervisor


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MEMO 2 - Part II

DATE: VIOLATION:

TO:Employee Name

FROM:Immediate Supervisor

IMPORTANT DETAILS OF INFRACTIONS:

Based on our evaluation, you have committed an offense against the Companies Code of Conductspecifically:

As per the Code of Conduct, this offense warrants a Degree of Sanction [ ]A discussion or warning has been previously issued last (indicate date) ____________________

CORRECTIVE ACTION:

[ ] Verbal Advice [ ] Written Advice [ ] Final Warning [ ] Termination Effective:__________

NO CORRECTIVE ACTION:

[ ] Exonerate / Absolve ______________________________________________________________

Issued by: Concurred by: Noted by:

HR and TA Officer Lead/Manager Founding PresidentDate: ______________ Date: ___________ Date: ___________________

IMPORTANT: Founding President review and approval are required prior to issuance of Final Warning or Termination. Inthe vent of absence of the HR Officer must sign/approve. All parties should sign all pages of the MEMO 2 For. ERASURESare not allowed.

I fully understand and accept this corrective actionCOMMENTS:

Printed Name & Signature Date

Code of Conduct v1 042011

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