PRC Staff Manual Sample P1

PRC WOFEStaff Manual SampleDisclaimerBy signing the following, I hereby acknowledge that I have receiveda copy of the Company’s Employee Handbook. I understand that it ismy responsibility to become familiar with and abide by its contents.I further understand and agree to the following:∙THIS HANDBOOK REPRESENTS A BRIEF SUMMARY OF SOME OF THE MORE IMPORTANT COMPANY POLICIES RELATIVE TO EMPLOYMENT, BUT IS NOTINTENDED TO BE ALL INCLUSIVE OF COMPANY POLICIES OR PRACTICES.∙THE COMPANY RETAINS THE RIGHT IN ITS BUSINESS JUDGEMENT TO MODIFY, SUSPEND, INTERPRET, OR CANCEL IN WHOLE OR PART THESE POLICIES AS ALLOWED BY PRC GOVERNMENT LABOUR LAWS.∙THE COMPANY DOES NOT RECOGNIZE VERBAL OR IMPLIED CONTRACTS FOR EMPLOYMENT.∙THE CONTENTS OF THIS HANDBOOK DO NOT CONSTITUTE AN EXPRESSED OR IMPLIED CONTRACT OF EMPLOYMENT.∙THIS HANDBOOK SUPERSEDES ANY PREVIOUS HANDBOOK, APPLICATION, MEMORANDA OR MATERIALS PROVIDED.Employee’s Name:___________________________(in English and Chinese)Employe e’sSignature:________________________________________________Employee’s IDnumber:________________________________________________Date: _____________________________________________________________ Witness: __________________________________________________________ Title: _____________________________________________________________ Date: _____________________________________________________________2Code of Business EthicsThe Company is committed to policies and practices, which will strengthen our company and inspire public confidence in our Company, products and our management.Company CODE OF BUSINESS ETHICS is as follows:1.The Company will strive at all times to conduct the affairs tomerit public confidence in our business and industry. TheCompany will not make payments to domestic or foreigndignitaries or persons other than authorized salesrepresentatives in the People’s Republic of China or foreigncountries in order to fulfill a legal contractual agreement.The Company will not make contributions to any individual ororganizations that would be construed as politically motivated.2.The Company will strive to see that our employees are given everyopportunity to progress within the Company and areappropriately compensated for their work.3.The Company will deal fairly with customers and suppliers andextend to them the same treatment we wish to receive ourselves.In this respect the Company will not receive, accept or offergratuities, unauthorized finders fee payments, bribes or otherillegal compensation which would tend to subvert freecompetition.4.The Company will compete vigorously to serve our customers andexpand our business but will avoid unfair and/or unethicalpractices.5.The Company will seek through sound management practices toproduce the profit necessary for the continued progress of thebusiness and so fulfill our responsibilities to ourstockholders, employees, customers, and community.6.Employees of the Company shall avoid outside affiliations whichcan put them in a position of potential or actual conflict ofinterest with the Company. Employees of the Company may not,directly or indirectly:(a)Own stock or have any other interest in a competitor,customer, or supplier, except for the ownership of lessthan 5% of the securities of a company whose securities arewidely held and publicly traded;(b)Serve as a member of the Board of Directors (or similarbody) of, or perform work or render service to, anyorganization having a competitive relationship with theCompany.7.Gifts, except of nominal value, shall not be given to customersor anyone else having business dealings with the Company.Lavish entertainment of or with those having business dealingswith the Company will be avoided.38.All business expenses paid for by the company or its employeesduring the course of business must be of a business nature and approved by management.9.It is the policy of the Company that the possession or use ofalcoholic beverages or illegal drugs (including the unlawful use of prescription drugs) within Company buildings or on Company property is strictly forbidden. Since the use of alcoholic beverages or drugs by an employee will adversely affect job performance and renders the employee potentially dangerous to co-workers as well as to himself/herself, the consumption of alcoholic beverages or the use of drugs so as to cause the employee to be at work or to report to work under the influence of intoxicating beverages or illegal drugs is also forbidden. An employee reporting to work or at work under the influence of drugs or alcohol will be subject to dismissal.4Salary and Job PotentialThe Company takes pride in the fact that anyone can go as far as their individual ability takes them. Salaries and job assignments are reviewed regularly and productive employees are rewarded for their good performance and hard work. We are anxious to have able and dedicated employees grow with us. The salary, subsidy and bonus are confidential information of the Company. Any disclosure of the information of the salary, subsidy, bonus and/or other benefits committed by the employee shall be deemed as a serious violation of the rules and regulations of the Company, which will result in disciplinary action which could result in termination.SalaryThe salary is paid monthly. According to PRC Government regulations, employee’s individual income tax, and the personal contribution to the social security insurance scheme, the public housing reserve,and other PRC Government mandatory employee contributions will be deducted and paid from monthly salary payment.Salary Adjustment(a) The purpose of the individual salary review is to determine theappropriate salary to pay an employee based on his individual performance, the Company achievements and Company’s business operation status.(b) In principle, an employee’s salary may be reviewed at year endeach year. Company’s achievements, employee’s job performance, and economic conditions are among the factors that may be taken into account during annual review. The management decision during such reviews shall be considered final.Equal Employment Opportunity PolicyThe Company is committed to providing equal employment opportunity in all aspects of personnel for all applicants and employees regardless of their sex, race, age, handicap, disability, religion, national origin, or other condition or factor, as defined and prescribed by applicable law. By hiring, compensating, training, and promoting employees on the basis of merit, we assure the continued success of Company operations and the full utilization of our human resources.Our goal is to provide an environment that fosters and encourages the personal and professional growth of employees. The Company prohibits any form of harassment, the making of offensive remarks, or other abusive conduct directed at employees regarding their sex, race, age, handicap, disability, religion, national origin or other protected classification. Any employee who feels subjected to or witnesses such behavior shall immediately report it to their manager/supervisor or to Division Human Resources or Corporate Human Resources Department. Any questions about this policy shall also be brought to the attention of the same persons. Allegations of5violations of this policy will be promptly investigated in as confidential a manner as possible and appropriate corrective action will be taken if, and where, warranted. Employees may raise concerns without fear of reprisal.Human Resource PoliciesThe work rules which follow are the result of much thought and consideration on the part of the Company. They were designed to let you know what the Company expects of you in the performance of your job.Employee BenefitsThe information given below summarizes the benefits available to our employees.Public HolidaysAll full-time employees are entitled to basic paid public holidays as announced by Chinese central and local government.Currently the PRC Government have listed 11 days public holiday per year as; New Years Day, Spring Festival, Qingming Festival, May Day, Dragon Boat Festival, Mid-Autumn Festival and National Day.If a holiday falls on a Saturday, or a Sunday, (the previous Friday or the following Monday will be considered a holiday) subject to management discretion.Paid holidays that occur during the scheduled vacation period of an employee shall not be considered as vacation time off.Annual LeaveEmployees who have successfully completed the probationary period will be eligible for annual leave. Employees earn annual leave on a monthly basis. Annual leave must be requested at least fourteen (14) working days in advance and is subject to management approval. Regular employees of the Company will be eligible forAnnual Leave based on the following schedule.● 1 –9 years of total work service = Ten (10) working days peryear●10 –19 years of total work service = Fifteen (15) working daysper year●20 years of total work service = Twenty (20) days per yearAnnual leave that the employee has earned for the year is valid until December 31st the following year. Unused leave cannot be paid or applied for after that time.6Medical InsuranceThe Company will arrange medical insurance for eligible employees according to PRC Government laws and regulations.Sick LeaveRegular employees are entitled to five (5) days of sick leave in any one year with full payment of the basic salary with valid certificate of diagnosis.If the sick days are more than 5 days, the payment of salary shall be subject to the local laws and regulations.Unemployment InsuranceYour unemployment insurance benefit has been established according to the local laws and regulations, to provide benefits for you in the event you should become unemployed.Compensation for Work Connected InjuryThe Company provides Workers’ Compensation coverage according to local laws and regulations for employees who are injured on the job. In order to protect your rights to qualify for benefits, you must report any injury immediately to your supervisor and also complete an accident report detailing the circumstances and conditions relative to the accident.PensionThe pension insurance will be arranged by the Company according to the local laws and regulations.Change of Status or TerminationWithout any limitations by any section of this Handbook, the Company has the right, in its sole discretion, to make and implement decisions relating to an individual’s position, compensation, retention, and/or other terms and conditions of employment.The Company is not bound by anything to the contrary which may be communicated to employees. No company representative is authorized to modify this Handbook or to enter into any agreement, oral or written, contrary to this Handbook. Company Policies and practices with respect to any matters are not to be considered as creating any contractual obligation on the Company’s part or as stating in any way that termination will occur only for ―just cause‖. Statements of specific grounds for termination set forth in this Handbook or in7any other Company documents are examples only, not an all-inclusive list, and thus, are not intended to restrict the Company’s right to terminate an employee at its will but within accordance with current PRC Labour Law.All benefits that are due and payable at termination will be paid in accordance with applicable law. The employee will be notified of the benefits that may be continued and of the terms, conditions, and limitations of such continuance.Performance AppraisalYour supervisor will keep you informed regularly of your performance level. The performance appraisal review process has been established as the formal means to ensure this. The first review you will receive will be scheduled at the end of your probationary period. Periodic reviews are conducted thereafter.Lunch TimeEmployees are given 30 minutes lunch time to be taken between 1130hrs and 1330hrs during normal work day. The actual time to be agreed by the employee’s supervisor.Funeral Leave/Bereavement BenefitsFuneral leave is provided for eligible employees in case of the death of a relative as indicated below. If requested an employee may be allowed up to three days with pay to attend to the funeral of a direct relative, (which is defined as the employee’s sp ouse, parent, child, or sibling). The paid days shall be limited to the basic Monday to Friday workweek. Funeral leave shall not be applicable towards days after the funeral for other purposes, such as settling the estate of the deceased. One paid day may be granted to attend the funeral of other family members, defined as grandparents or parents-in-law).Marriage LeaveMarriage leave is provided to eligible employees. The time off for marriage leave includes Saturday and Sunday. A relevant marriage certificate is required for the marriage leave. The employee is required to apply for such leave prior to his/her marriage and the marriage leave shall be taken within twelve (12) months from the date of the marriage registration. The marriage leave is for the first marriage only.For employees first marriage –for males below 25 years of age and females below 23 years of age, the marriage leave is three (3) CALENDER days.8For employees first marriage – for males who are 25 years of age and older and females who are 23 years of age and older, the marriage leave is 15 CALENDER days.Maternity leaveAll female employees are entitled to maternity leave under the birth control policy as set forth below:(1) Maternity leave will be 90 calendar days. For first birthmothers >24 years of age there will be an additional 30 calendar days bringing the total to 120 calendar days. For cases of twins, dystocia or surgical delivery an additional 15 calendar days will be added for each factor. All time off under the maternity leave includes Saturday and Sunday.(2) Any rest days or public holidays within the maternity leaveperiod shall be counted as part of the maternity leave.(3) An employee who applies for the maternity leave shall submit aleave application form attached with a medical certificate confirming her pregnancy and specifying her expected date of confinement via her immediate superior to Human Resources Department for record at least three (3) weeks before the expected date of confinement.(4) With the agreement of individual manager concerned, if thefemale employee returns to work before the expiration of her maternity leave, full salary will be paid accordingly.(5)Any female employee who takes any day-off for her pregnancycheck-up, post confinement medical treatment will be counted as sick leave and be paid in accordance with Sickness Allowance.For all of sick leave the employee will receive 2/3 of her salary for a maximum period of 30 days.(6)In a case where all sick paid leave for the year has been usedup, employee may apply for unpaid leave.Paternity LeavePaternity leave is provided for eligible male employees under the birth control policy. In cases of first birth mothers >24 years of age, the father employees paternity leave will be three (3) calendar days. Employee should request leave in advance and submit a copy of the child’s birth certificate for verification.In other circumstances no paternity leave is provided.Employment with other Employers9The Company shall have no liability for any retirement pension, housing, medical or other social obligations arising from the employee’s previous or future employment relationship with another Employer.If the Employee has health problems resulting primarily from activities, incidents or exposure to an unhealthy environment that occurred during prior employment with another Employer, then the Company shall have no liability for expenses resulting form such health problems. A doctor appointed by the company will determine the validity of any such claims.The Company shall determine length of service solely from work performed for the Company—not for any other employer (except when it’s related to the length of treatment period). Severance payments and all the other payments, entitlements and benefits related to length of service shall be determined on this base.Employee Conduct and Work RulesIn an effort to ensure the efficient conduct of its business, the Company has established the following set of work rules that must be observed by all employees.To assure orderly operations and provide the best possible work environment, the Company expects all employees to adhere to standards of conduct that will protect the interests and safety of all employees and the organization. Certain standards of conduct are necessary for the efficient operation of the Company and for the overall benefit and protection of the rights and safety of all. Accordingly, it is each individual’s responsibility to be aware of, understand and adhere to these standards.Conduct which interferes with the operations of the Company brings discredit on the Company or is offensive to customers or co-employees will not be tolerated. Such conduct will result in corrective disciplinary action ranging from verbal warnings up to and including dismissal, depending upon the seriousness of the misconduct.Acts which may subject an individual involved to disciplinary action, up to and including dismissal, include, but are not limited to:1.failure to report to work without notifying and personallyreceiving approval from your immediate supervisor for such absence;2.excessive tardiness or absence, including failure to observe theappropriate start and stop times for lunch;3.failure to notify management each day of absence and the reason(s)therefore;4.failure to return from an approved leave of absence on thestipulated dates or taking an unauthorized leave of absence;105.falsification of any Company record or report, such as anapplication for employment, a time card, or inventory records;6.conviction of a crime;7.reporting to work under the influence of alcoholic beveragesand/or illegal drugs and narcotics; or the use, sale, dispensing or possession of alcoholic beverages and/or illegal drugs and narcotics on Company premises/property or while operating employer-owned vehicles or equipment or while conducting company business;8.the use of profanity or abusive language;9.the possession of firearms, explosives or other weapons onCompany property;10.insubordination;11.carelessness or inefficiency resulting in loss to theCompany;12.assault on or threat of violence directed to a fellowemployee or customer;13.theft of, misuse of, inappropriate removal of, wrongfulpossession of, or failure to store properly Company property or tools, or theft or misuse of a co-employee’s property;14.threatening or intimidating management, supervisors orfellow workers;15.horseplay, pranks or practical jokes;16.improper attire or inappropriate personal appearance orpersonal hygiene;17.misuse of, or non-use of, protective safety equipment, orviolation of any safety or health rule;18.engaging in any form of sexual harassment or otherviolation of our Equal Employment Opportunity Policy;19.making false, disparaging statement concerning, or makingfraudulent use of, the company, its name or its products;20.engaging in conduct on Company premises which is inviolation of any existing laws, ordinances or regulations;21.violation of company policies;22.interference with work production or unsatisfactoryperformance or conduct;23.unauthorized posting, removing or defacing of any materialon bulletin boards or other Company property;1124.unauthorized disclosure of business ―secrets‖ orconfidential information;25.receiving, accepting or offering gratuities, unauthorizedfinders fee payments, bribes or other illegal compensation;26.inducement of another employee to break any standard ofconduct or company policy;27.submission of false or erroneous insurance claims orexpense reports;28.operation or use of Company equipment which employees havenot been taught to use or have not been given authority to use; 29.engaging in other employment or transacting any otherbusiness that materially affects the completion of work tasks ;) 30.any other violation of the employment contract or any otheract which the Company, in its sole discretion, considersdetrimental to the legitimate business interest of the Company.Drug Free Work PlaceEmployees are the Company’s most valuable resource and for that reason, their health and safety is of paramount concern. The Company will not tolerate any drug or alcohol use which imperils the health and well-being of its employees or threatens its business. The use of illegal drugs and abuse of other controlled substances, on or off duty, is inconsistent with law abiding behavior expected of all our employees. Employees who use illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potent ial for increased cost, delay and risk in the Company’s business. Employees have the right to work in a drug free environment. In addition, drug and alcohol abuse inflicts a terrible toll on the company’s productive resources and the health and well-being of our workers. The Company is therefore committed to maintaining a safe workplace free from the influence of alcohol and drugs.All employees offered employment with the Company shall, as part of their pre-employment physical, be tested for use of illegal drugs and/or substances. In addition the Company shall have the right to require that an employee submit to urinalysis and/or other screening for illegal drugs and alcohol under the following circumstance:(a) Following any injury in the work place in which an employee isinvolved and requires medical treatment and/or evaluation by a physician;(b)Where the Company has reasonable suspicion that the employeeis under the influence and/or has recently ingested illegal drugs and/or alcohol.12Sexual Harassment PolicyIt continues to be the policy of the Company that sexual harassment of employee or applicant for employment in any form is unacceptable conduct which will not be tolerated. Sexual harassment includes unwelcome sexual advances, request for sexual favors, and other verbal, visual or physical conduct of a sexual nature. No supervisor or other employees shall engage in such kind of conduct, nor state or even imply that one’s refusal to submit to such conduct will adversely affect that person’s emp loyment, work status, evaluation, wages, advancement, assigned duties, shifts or any other condition of employment or career development. Similarly, no employee shall promise, imply or grant any preferential treatment in connection with another employee or applicant engaging in sexual conduct.Thus, in our efforts to act positively to protect our employees against such harassment, the Company endorsed the following policy:1. It is illegal and against the policies of the Company for any employee, male or female, to sexually harass any employee by:(a)Making unwelcome sexual advances or requests for sexual favors,or other verbal or physical conduct of a sexual nature, a condition of an employee’s continued employment; or(b)Making submission to, or rejection of, such conduct the basis foremployment decisions affecting the employee; or(b)Creating an intimidating, hostile or offensive workingenvironment by such conduct.2. Any employee who feels that he or she is a victim of sexualharassment, including, but not limited to, the conduct listed above, by any supervisor, management official, other employee, customer, client, or any other person in connection with employment at the Company shall bring the matter to the attention of their immediate supervisor or the Human Resources department. An employee who is uncomfortable for any reason in bringing such a matter to the attention of this individual, or who is not satisfied that bringing the matter to the attention of such person will resolve or has resolved the matter, should report the matter to Division Human Resources or Corporate Human Resources Dept. Any question about this policy or potential sexual harassment should also be brought to the attention of the same persons. The Company will promptly investigate all allegations of sexual harassment in as confidential a manner as possible and take appropriate corrective action if, and where, warranted. Some examples of possible appropriate corrective action include: counseling, training, transfer, suspension with counseling, and/or termination of employment. Any form of retaliation against any individual for filing a bona fide complaint under this policy13or for assisting in a complaint investigation is expressly prohibited.ComplaintsOn important matters affecting you as an employee, we want to be sure that you are treated fairly. Therefore, if you feel that you have a serious complaint, discuss the matter in detail with your supervisor. If the decision which you have received from your immediate Supervisor is not satisfactory to you, you may then present your case to the Manager of your immediate Supervisor.You are encouraged to discuss any and all problems which you may have in connection with your work. Remember that many times your Supervisor may be unaware of certain problems and unless you call it to their attention it may go unnoticed and uncorrected.Hours of WorkThe regular work schedule consists of a 40 hour week, 8 hours each day, Monday through Friday. Starting times, regular daily hours, and lunch hours may be subject to change and will be formally announced. Hours of the office are as follows: 8 am – 4.30 pm Monday to FridayLunch TimeEmployees are allowed an unpaid lunch break of 30 mins each day. Workweek, Payday and Pay PeriodsEmployees are paid on a monthly basis at the conclusion of each month.Probationary PeriodNew employees may be required serve a probationary period. The time frame of the probation period shall be the maximum allowed by PRC Government regulations. The purpose of the probationary period is to serve as a time of learning and adjustment for the employee and the Company. The successful completion of the probationary period shall not be construed as creating a contract or guaranteeing employment for any specific duration or as establishing a termination standard. The Company shall notify the Employee, in the last week of the probation period whether his/her employment contract had been confirmed to be continued.During the employee’s probation period, if it has been proved that he/she is not conforming to the Company’s employment conditions, the Company may terminate the employment contract. During the probation period, the new employee may also terminate his/her employment with the Company. At least 3 days prior notice in writing should be14given by either party in case of termination of contract during probation period. The probation period will be covered by the terms of the Employment Contract.OvertimeOvertime is not normally requested by the employer. In the event overtime is requested, the Company shall do so in writing then pay a special wage or provide time off in lieu for overtime work performed by the Employee in accordance with applicable laws.TardinessEach employee is expected to be at his or her work station promptly at the time appointed. The efficient achievement of work schedules requires regular punctuality on the part of all employees. Chronic or excessive lateness cannot be condoned. To do so would be unfair to other employees and to the Company. Repeated tardiness will subject an employee to termination of employment and will be one of the factors used in the consideration of any wage or salary increase or promotion.AbsenteeismAbsences from work because of illness and other causes from time to time are unavoidable, but when they occur, they must be reported each day of the absence to the Company through your immediate supervisor no later than one (1) hour after the beginning of your regular scheduled shift to permit necessary reassignment and distribution of work. An employee who is absent without leave, and who fails to report for three (3) consecutive work days shall be considered to have resigned from the employment of the Company without good reason and before giving proper notice and will not be eligible for rehire.Leaving work during the employee’s regular shift without the permission of the supervisor will be considered as walking off the job and may result in the termination of employment.SolicitationsSolicitations for any organization or any cause, distribution, circulation or posting on bulletin boards or literature by employees or others for any purpose are expressly forbidden in any work area or in any non-work areas of the Company’s property. Individuals w ho are not employees will not be permitted on the Company property, including the parking lot for the purpose of solicitations and/or distribution of literature.Confidentiality15。