- Enforcement of Discipline
Each employee is expected to exercise utmost care and diligence in the performance of his/her duties and to strictly observe the Company rules, regulations, supplemented, amended, or revised as the need arises in order to achieve excellence and operational efficiency.
- Penalties
The types of penalty imposed depend on the gravity of the offense. The following are the types of penalty:
- Documented Counselling – A written oral guidance given to an employee for violation of a rule/policy set by the Company and depending on the nature and gravity of the offense. This is in the form of advising the employee not to repeat the same or similar offense to avoid imposition of a heavier penalty
- Written Reprimand – A written notice given to an employee upon repetition of an offense in which a verbal warning was previously given or upon the commission of a more serious offense.
- Suspension – A forced temporary absence from duty without pay imposed as a penalty for a grave misconduct or repeated infractions. Days of suspension refer to the number of working days wherein an employee is required to be out of work. Allowances and benefits are likewise cancelled during the period of suspension. The following are the type of suspensions to be implemented
- One (1) day to three (3) days suspension without pay
- Five (5) days to seven (7) days suspension without pay
- Ten (10) days to fifteen (15) days suspension without pay
- Dismissal – Separation of the employee’s services for a just and lawful cause or causes. This is the ultimate penalty for employees who have committed serious infractions.
- With restitution – Payment for the loss/damage caused by the employee to the Company
- Preventive Suspension
An employees may be placed under temporary absence from duty without pay if the continued presence of the employee in the Company premises or continued presence in the operations poses or may pose a serious and imminent threat to the Company operations, property and/or employee/s.
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Imposition of Penalties
Due process is strictly observed disciplinary action imposed depending on the gravity, circumstances and history of offense committed. It is directed at the punishable acts or omissions of the offender and not on the person or personality.
All sanctions, documented counselling, written reprimand, suspension, and dismissal must be properly and thoroughly recorded/filed in the 201 files of employees.
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Single Penalty
Only one (1) penalty is imposed for each offense. Moreover, if an administrative charge, consequence of an incident or a single set of facts or circumstances, results in finding that two (2) or more offenses defined have been committed, the Management has the prerogative to impose the proper penalty as it may deem fit depending on the circumstances.
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Cumulative Record
An employee’s record of offenses shall be cumulative. The penalty for an offense is determined based on his past record of offenses of any nature. The more habitual an offender has been, the greater is the penalty for the latest offense. Thus, an employee may be dismissed if the number of his past offenses warrants such penalty in the judgment of the of management even if each offense considered separately may not warrant dismissal.
On the other hand, due consideration is given to the length of time between commission of individual’s offenses determining whether the employee’s conduct indicates occasional lapses, which may require sterner disciplinary action especially in a pattern of incorrigibility.
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Determination of Losses or Damage to the Company
Management determines the amount of loss or damage to the Company, which will be the basis of the graduation of penalties as provided in the Table of Offenses, and the amount which the employee is obligated to pay/restitute to compensate such loss/damage.
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Employee’s Obligation to Compensate the Company
For any loss or damage caused by the Company by the employee, either by failure, inability, disregard, or gross negligence in the performance of his duties, with or without deliberate intent to cause such, the employee is obligated to compensate or restitute the Company for such loss or damage, on top of the penalty that will be imposed.
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Responsibility of Officers
An officer is any official of the Company, an executive, a director, a manager, and supervisor and, in general, any employee exercising managerial or supervisory functions.
Every officer must ensure that discipline is uphold within his area of responsibility and the observance by the employees of the highest standards of competence, professionalism, courtesy, punctuality, attendance, effective and efficient performance of jobs and assignments, honesty, integrity, and all core values expected of JCVA employees.
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Responsibility of Employees
It is the duty and responsibility of every employee to inform and make himself familiar with all the provisions of this handbook, including amendments and supplements thereto. Ignorance or unfamiliarity of this shall not excuse any violations thereof.
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Mitigating circumstances
Mitigating circumstances are circumstances that tend to lessen the gravity of the offense and merit a lighter disciplinary action. Examples of mitigating circumstances are as follows
- Employee’s good performance and/or track record
- Employee’s tenure.
- Employee is a first offender
- Employee erred in his judgement.
- Employee never benefited from the offense.
- The offense did not cause substantial damage to the company.
- Admission of guilt and genuine remorse.
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Aggravating circumstances
Aggravating circumstances are those that tend to increase the seriousness/gravity of the offense and merit a heavier penalty or disciplinary action.
- Poor performance and/or track record
- Employees occupy a position of trust and confidence such as those entrusted with safeguarding Company funds and properties.
- Employee is a habitual offender.
- Employee was under the influence of drugs and/or alcohol when he committed the offense.
- The Company incurred substantial damage or loss.
- The employee benefited from the offense.
- The employee did not admit the guilt or has no remorse.
- Analogous Offense
Other offenses not mentioned but for which no clear definition of the penalty was prescribed, shall be penalized in a manner most appropriate as may be determined by the management. Including those analogous cases or similar in nature.
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Changes to Policies
The Company reserves the right to periodically review and correspondingly update and/or amend this handbook. Any amendments, revisions, or supplements to this handbook shall be deemed incorporated herein by way of reference.
All employees will be duly informed of changes made within a reasonable time before effective thereof.