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CHAPTER I6RECRUITMENT AND LEVEL OF POSITIONS6I.RECRUITMENT61.Recruitment62.Appointment63.Probation64.Employment contract6II.LEVEL OF POSITIONS71.Level of positions72.Assignment of work on level of positions7CHAPTER 28WORKING HOURS81.Working hours82.Break times8CHAPTER 38SALARY AND BENEFITS8I.SALARY AND MANAGEMENT SALARY81.Timekeeping and Salary Payment82.Procedures of timekeeping83.Pay raise94.Working overtime and overtime payment9II.BENEFITS FOR EMPLOYEES101.General term102.13th Salary103.Annual leave114.Public holidays125.Sick leave hospitality leave (as Article from 24 to 28 of Social insurance Law)126.Maternity leave and leave for female staff137.Full paid leave138.Nopay leave149.Social insurance, medical insurance and unemployment insurance.1410.Training1511.Annual health check up1512.Annual trip domestic and oversea1613.Meal allowance16CHAPTER 517TERMINATION OF EMPLOYMENT CONTRACT171.Termination of employment contract17CHAPTER 518TERMINATION OF EMPLOYMENT CONTRACT181.Procedure to terminate employment contract182.Procedure to terminate employment contract183.Retirement18CHAPTER 619BUSINESS TRIP191.Travel planning192.Travel allowance19CHAPTER 719PERFORMANCE APPRAISAL191.Scope192.Appraisal rank is divided in 5 levels193.Regulation20CHAPTER 820LABOUR SAFETY AND LABOUR SANITATION201.Labor safety202.Labor sanitation213.Labor accident21CHAPTER 922CODE OF CONDUCT221.Transaction with suppliers222.Corruption, bribery, cheating223.Conflict of interest224.Dissemination, distribution235.Alcohol, cigarette, drug and gamble246.Common order in company24CHAPTER 1024PERSONAL INFORMATION WORKING DISCIPLINES241.Changing personal information242.In and out working place253.Working attitude254.Dress code and uniform255.Using computer256.Using email267.Telephone26CHAPTER 1126PROTECT ASSET, BUSINESS AND TECHNOLOGY SECRET26CHAPTER 1227DISCIPLINE AND MATERIAL RESPONSIBILITY27I.DISCIPLINE271.Disipline methods272.Discipline violated behaviors283.The order and procedure for handling labor discipline30II.MATERIAL RESONSIBILITY31III.PROBLEM SOLVING31
EMPLOYEE’S HANDBOOK TÊN CÔNG TY (COMPANY NAME) Logo Cty EMPLOYEE’S HANDBOOK EMPLOYEE’S HANDBOOK INTRODUCTION The employee’s handbook is designed to serve as a guide to all staff, providing information on working conditions, employees’ rights and obligations and other related policies Employee shall read, understand and strictly comply with all the regulations stipulated in the employee’s handbook The handbook describes all staff’s responsibilities in regard to their working activities, the Company’s culture, and benefits for employees, discipline with the purposes to provide a balanced working environment where the employees can develop their best personally and professionally Still, the handbook may not cover all the circumstances In that regard, depends on the business situation and the needs of development, the Company reserves the right to make changes to these regulations from time to time Such amendments will be circulated to all staff members For terms that are not covered in this handbook, the Company will perform in accordance to the Company’s Labor Regulations, Staff Collective Agreement and the Vietnam’s Labor Code LA PETITE EPICERIE SAIGON .1 CHAPTER I RECRUITMENT AND LEVEL OF POSITIONS .6 I RECRUITMENT Recruitment Appointment Probation .6 Employment contract II LEVEL OF POSITIONS Level of positions Assignment of work on level of positions .7 CHAPTER WORKING HOURS Working hours .8 Break times CHAPTER SALARY AND BENEFITS I SALARY AND MANAGEMENT SALARY Timekeeping and Salary Payment Procedures of timekeeping Pay raise Working overtime and overtime payment .9 II BENEFITS FOR EMPLOYEES 10 General term 10 13th Salary 10 Annual leave 11 Public holidays 12 Sick leave/ hospitality leave (as Article from 24 to 28 of Social insurance Law) 12 Maternity leave and leave for female staff 13 Full paid leave .13 No-pay leave .14 Social insurance, medical insurance and unemployment insurance 14 10 Training 15 11 Annual health check up 15 12 Annual trip domestic and oversea 16 13 Meal allowance 16 CHAPTER 17 TERMINATION OF EMPLOYMENT CONTRACT .17 Termination of employment contract 17 CHAPTER 18 TERMINATION OF EMPLOYMENT CONTRACT .18 Procedure to terminate employment contract .18 Procedure to terminate employment contract .18 Retirement 18 CHAPTER 19 BUSINESS TRIP .19 Travel planning 19 Travel allowance 19 CHAPTER 19 PERFORMANCE APPRAISAL .19 Scope 19 Appraisal rank is divided in levels 19 Regulation 20 CHAPTER 20 LABOUR SAFETY AND LABOUR SANITATION 20 Labor safety 20 Labor sanitation 21 Labor accident .21 CHAPTER 22 CODE OF CONDUCT 22 Transaction with suppliers 22 Corruption, bribery, cheating 22 Conflict of interest .22 Dissemination, distribution 23 Alcohol, cigarette, drug and gamble 24 Common order in company 24 CHAPTER 10 24 PERSONAL INFORMATION & WORKING DISCIPLINES 24 Changing personal information 24 In and out working place .25 Working attitude 25 Dress code and uniform 25 Using computer 25 Using email 26 Telephone 26 CHAPTER 11 26 PROTECT ASSET, BUSINESS AND TECHNOLOGY SECRET 26 CHAPTER 12 27 DISCIPLINE AND MATERIAL RESPONSIBILITY 27 I DISCIPLINE 27 Disipline methods .27 Discipline violated behaviors 28 The order and procedure for handling labor discipline .30 II MATERIAL RESONSIBILITY 31 III PROBLEM SOLVING 31 CHAPTER I RECRUITMENT AND LEVEL OF POSITIONS I RECRUITMENT Recruitment a) The Company recruits and promotes employees base on their qualification and performance There shall be no discrimination on the ground of religion, ethnics, gender, physical condition or sexual orientation b) The Company relies on the truthfulness of information provided by the employee In the event the information is found false and dishonest, the Company will cancel the job offer or in the case of recruited, terminate the employment contract Appointment a) The successful applicant shall receive a “Job Offer Letter” or “Probation Labor Contract” with details on the remuneration and work requirements b) The applicant shall confirm his/her acceptance to the Job Offer Letter and provide supporting documents (ie Health certificate) in a number of cases Probation a) Probationary period depend on each job position and at the request of the qualification, but it is not over 60 days b) During probation period, if there are issues that require consideration, a short term employment contract shall be signed, depend on the duration of the new employment contract fully implement policies prescribed by Labor Law c) Within days before the completion of the probation period, the employee shall be informed in writing on whether his/her service is confirmed, extended or terminated Employment contract a) Once the employee passes the probation period, the employee shall sign the employment contract and receive all benefits as an official employee b) In special circumstances, when the performance during probation period does not reach conclusion, or base on seasonal needs, the company will offer seasonal contract less than 12 months c) Types of employment contracts: According to Article 22 of the Labor Code 2012, there are types of labor contracts: - An indefinite term labor contract, in which the two parties not predetermine the term or termination date of the contract; - A definite term labor contract, in which the two parties determine the term and the termination date, within a period of 12 months to 36 months; or - A labor contract for a specific or seasonal job with a duration of less than 12 months The Labor Code 2012 prohibits parties from signing labor contracts for a term of less than 12 months for a job that is regular and has a duration of 12 months or more, except in the case of the temporary replacement of an employee.10 However, the Code does not clarify when a job is considered regular When a definite term labor contract or a labor contract for a specific or seasonal job with a duration of less than 12 months expires, the two parties must enter into a new labor contract within 30 days from the date of expiry if the employee is to continue working During the period prior to signing a new labor contract, the two parties must comply with the former contract If a new labor contract has not been signed after 30 days, the existing definite-term labor contract automatically becomes an indefinite-term labor contract, and the existing specific or seasonal contract automatically becomes a definite term labor contract with a term of 24 months If the new labor contract is for a definite term, the parties may only sign one additional renewal contract If the employee thereafter continues to work, an indefinite term labor contract must be signed II LEVEL OF POSITIONS Level of positions The following list categorizes level of positions is applied in the Company: a) Level 4: Directors b) Level 3: Managers c) Level 2: Head of Teams – Team Leaders, Supervisors d) Level 1: Staffs/Workers Assignment of work on level of positions a) Base on the level of position assigned, each employee is provided the benefits in accordance to his/her level: ie, business expenses, allowances including travel and telephone … b) However, some benefits are provided exclusive of level of positions Employees shall contact HR department for more information CHAPTER WORKING HOURS Working hours Working hours are hours/day and 40 hours/week - Mornings: from 8:00 am to 12:00 noon (from Mondays to Fridays) - Afternoons: from 13:00 pm to 17:00 pm (from Mondays to Fridays) Break times - Every working week, employees are entitled to take Saturday and Sundays off - Employees’ days off may be changed depending on business requirements at the firm, however the total days off shall be allocated at least days per month CHAPTER SALARY AND BENEFITS I SALARY AND MANAGEMENT SALARY Timekeeping and Salary Payment a) Salary includes basic salary and overtime salary (as set out for each job level) b) Salary is paid on the last day of the month after the deductions of social health insurance, medical insurance, unemployment insurance, union fee, personal income tax and other fees where applicable such as unpaid leaves, advances, etc c) Employee is entitled to receive the detailed monthly pay slip provided by HR department d) Timekeeping for the working month is recorded from the th to the end of the month e) Working time is calculated as follows: Full day for week days based on actual timekeeping Procedures of timekeeping a) All staff shall comply with the regulations on working hours b) All cases that employees arrive to work late or leave before working time end without professional purposes or legitimate reasons shall not be paid salary The amount of going late and leaving early time shall not be deducted to annual leaves c) Salary will be calculated base on the actual working time on timekeeping sheet d) In the case of business meetings out of the workplace, the employee shall obtain confirmation from Team Leaders in person or by phone before going out In some specific cases, HR department shall examine employee’s email to confirm such approval when checking time keeping sheet Pay raise a) Pay raise is provided yearly on the first month or the first quarter of the calendar year In order to be entitled to pay raise, the employee must be official staff having at least 12 months working with the company counting to December 31st, and be appraised fulfill the tasks in the year, except the case that employees have any other agreement with company b) The pay raise ratio shall be granted base on the employee’s performance with feedbacks from Management c) The pay raise ratio is also based on the Company’s financial performance in the year and the prospective development of the market d) Other special case shall have the director’s approval Working overtime and overtime payment a) Company encourages employees to work seriously and complete work within working time, limit the overtime working (including paid and unpaid) In the case employees need to work overtime (including paid and unpaid), there must be agreement of Head of Department b) Working overtime is at request and by job requirement The Head of Department shall allocate the number of overtime hours and assignments to employees appropriately to ensure the efficiency of work and employee’s health c) Overtime payment is calculated base on the pay rate agreed in employment contract Overtime salary of the current month shall be paid in the following month d) Overtime working have to follow the article 4, Decree 45/2013/NĐ-CP e) Overtime salary is applicable to employees during probation period f) Over time is calculated based on the formula: - 150% of base salary for after working hour’s overtime from Monday to Friday - 200% of base salary for overtime on Saturday and Sunday - 300% of base salary for public holidays - The formula to calculate overtime as the follow g) As an alternative, employees shall also be eligible for time-off in-lieu of monetary payment This is to be decided by Head of Department and to be confirmed by HR manager h) Employees with management/ supervisor (level and upper) shall not be entitled to overtime payment, but fulfill the works by objectives, unless otherwise agreement In case requested by the companies to work on public holiday overtimes shall be calculated as per regulation i) Sales staffs, purchasing staffs, marketing staffs and some of particular positions belong to level shall also not be entitled to overtime payment, but fulfill the work by objectives due to characteristics of these jobs The specific cases which are paid overtime must be approved by director j) Overtime sheet must be approved by Head of Department II BENEFITS FOR EMPLOYEES General term a) When an employee who is signed employment contract with the company, he/she shall be entitled to the benefits granted for employees: b) The benefits inclusive of the benefits according to Labour Law: - 13th salary - Annual leave - Holidays leave - Sick leave - Maternity leave - Paid leave and no-pay leave - Social insurance, medical insurance and unemployment insurance - Training - Annual health check up - Annual travelling - Lunch allowance c) Where an employee is granted “no-pay leave” as his own request or “sick leave” over 30 days as requested by his own or by Doctor, the period of leave shall be disregarded for the purpose of computing continuous service under this term As for the case of maternity leave, leave time is also regarded as served time to count for annual leave days CHAPTER CODE OF CONDUCT This rules is regulated the ethics standard to maintain professional manners and legal framework to prevent corruption, bribery or individual’s self-interest arising from doing businesses Failure to comply with these matters will lead to disciplinary action taken against the employees as regulated by the Company’s regulations and relevant laws Transaction with suppliers a) All suppliers shall receive equal treatment and non-discrimination which are provided the equal terms, products and services competitive in pricing, quality, sales and delivery Do not bias or concessions for personal relationship b) The procedures are to ensure suppliers respect all commitments/terms and conditions agreed with the Company In the event of disagreement, employees shall report to Head of Departments/Managers immediately or latest within one day; c) Employees shall not disclose any inside information to suppliers that may cause disadvantages to the Company; d) No demand/request or harassment to suppliers or colleagues (third party) under any circumstances for employees’ own benefits are permitted Corruption, bribery, cheating a) Employee is not allowed to use personal relationship to have special offer for transactions of buying or selling that may cause disadvantage for the company b) No acceptance of gifts, cash or any material payment is permitted Employee should report to Management immediately or latest in the same day for such a request from Suppliers c) Employees are not allowed to participate in any entertainment activities provided by customers or suppliers or their representatives without approval from Management d) Prohibit acts of fraud in the inventory and delivery process that are out of regulations and affect on business and reputation of company e) Employees shall report to the Director immediately if acknowledge any circumstances of bribery occurs in the Company Conflict of interest Definition: Behaviors that are considered as conflict of interest between individual and company when individual use advantages from his/her position to implement transactions or “impact” to decisions of company and take profit for individual and cause damage to profit of company or doing similar business which can be an direct or indirect competitor with the company a) Employees shall not take advantage of his/her own position to link/partner with other individuals (internal or external) to provide the goods or services of the Company not for the Company’s interest In such occurrences, employees should report to head of department immediately for appropriate solutions b) Employees shall not retain any kind of gifts, cash payment or material payment at home or office that conflict with company’s regulation Employees should report such cases to Head of department for solutions c) The actions that may cause potential conflict of interest including the acceptance of the other requests from customers, using confidential information for personal purposes or to buy company’s products with non-competitive prices are prohibited d) Employees should avoid situations where personal interest may have bad impacts on decision making that cause damage to company’s prestige and benefits e) Employees should control themselves in a situation of potential conflict of interest, and discuss the matter with Head of department or human resources f) Where an employee or employee’s family has same business with the company that may conflict of interest of the company, the employee must immediat ely notify to human resources or Board of Director, otherwise, it is considered intentional violations g) Employees are not allowed to work for other company in working hour, including solving work in or out of company scope h) Employees are not allowed to works for others companies are competitor or potential competitor with the company, including full time or part time job In such circumstances, employee can discuss with Head of department or HR dept to avoid violating regulation i) Employees are not allowed to have transaction on competitor’s products in the company except upon order of the director j) All employees are required to sign undertake not to have conflict of interest as mentioned above while working in the company Dissemination, distribution a) Dissemination and distribution by employees are not allowed on working time This applies when the solicitor and/or the employee or person being solicited is on work time b) This prohibition includes dissemination and distribution for all purposes, including charities (except for company-sponsored charitable efforts), lottery tickets, employee gifts and magazine clubs and third party products of services or other outside organizations However, these restrictions on solicitation and distribution not apply to non-work time, such as breaks, meals or other authorized nonwork period in non-work locations Alcohol, cigarette, drug and gamble a) The use of alcohol or other stimulants in the company are prohibited b) No smoking in working area and regulated places c) Prohibited from gambling and any other betting forms in company Common order in company a) Records and document related to business operation in company have to be recorded clearly and completely Ensure all data is honest and executed as professional regulations All data is saved carefully, avoided from loss and executed as statistic accounting system as per regulations of Law and company b) Do not move or disorder positions of machines, equipment, desks, chairs, etc without permit of Head of Department c) Be serious in working time, have internal solidarity spirit, help each other Prohibited all behavior of interfering information or speaking ill of each other in company d) Do not come in the area out of working or use tools, equipment without handing from company or permit from Head of Department e) Keep working place clean, tidy Turn off the lights, computers, fans, air conditioners before leaving f) Do not use machines, means of company for private purposes g) Do not threaten coworkers, interfere and disorder working place h) Do not cause disunity, induce or incite coworkers to execute bad intentions which have bad impacts on prestige and benefits of company without approval of Trade Union committee or without obeying regulations of Law i) Absolutely obey superiors’ management, and guidance Do not cover up or bully subordinates j) Obey working process and regulations issued by company k) Follow up the undertaking has been signed l) Prohibited make films or take photographs in working area, warehouse or products situation in warehouse without agreement of Warehouse supervisor/manager m) Do not make noise in working place CHAPTER 10 PERSONAL INFORMATION & WORKING DISCIPLINES Changing personal information a) Detail personal information has to be updated continuously Employees have to inform changing information to superior and HR Department (using company form) b) All changing data have to be accurate and attached the copy documents In and out working place a) Only company’s employees are allowed to be in and out at working area Employees’ friends/family have to wait in the meeting room or waiting area as regulation b) Employees are responsible to keep and maintain employee cards If employee cards are lost, employees have to inform to Admin Department immediately and pay all cost for making new cards c) For customers who come for working, contact with Receptionist or Guardian to be guided or contact directly with in charge people in enable area as regulation In some special cases, guests need to enter limited area, they must be guided by company’s staffs Working attitude a) Employees always perform tasks with positive attitude, proactive and cooperate to achieve business target b) Working on time, not come late or leave early c) Employees have to communicate each other in polite manner, obey the professional guidance and assignment from direct superiors or competence levels Dress code and uniform a) To create the professional image, employees have to pay attention to their dress when go to work in or out of company b) Dress standards may vary according to the department and the customers it serves If you are not certain about what is appropriate for your department, you can be advised by your manager c) Employees are provided uniform or work clothes by the company must use when coming for work Using computer a) Company’s computers are tools for working and be only used for working purposes b) Computers and all installed software are the company property Employees are not allowed to installed any other software without agreement of competence people c) In special cases that employees need to use personal computers in company, employees must get permit from competence people d) Prohibited the action of using company’s computers for saving, mobilizing, inciting and distributing illegal document e) Prohibited from using company’s computers to chat or access internet with personal purposes in working time Using email a) Email is company’s asset It is provided for employees who have right and responsibility to use it for working purposes b) Email is written in English or Vietnamese with full accent of standard Vietnamese c) Principles to send and reply email: - Purposes of sending email: email receivers who have responsibility to reply (to), email receivers who just need to inform information (cc) - Principles to write email: start with “Dear”, and end with sender’s information (signature) Email must have the subject - Check spelling and attached file (if any) before sending email - Do not select “reply all” button, just reply for relevant people Telephone a) Prohibited from using company’s telephone for personal call in working time Company has the right to check and reclaim telephone cost when discovering employees use company’s telephone for personal purposes b) Mobile phones that company provides for employees are working tools and they are only used for working purposes Cost for mobile phone is provided base on working need and standard of each position c) During the time working in office, employees have to keep mobile phone in silent mode to avoid making noisy that affect coworkers and common working environment CHAPTER 11 PROTECT ASSET, BUSINESS AND TECHNOLOGY SECRET a) All employees have responsibility to protect common and assigned asset b) When discovering any sign can lead to loss or damage for asset, employees have to promptly remedy If the remedy is out of ability or competence, employees have report to superiors immediately c) Do not collude, incite coworkers, superiors or any other people to embezzle, steal, reveal business, technology secrets of company or have other behaviors that cause bad effect to prestige and business of company d) Absolutely keep secret about data related to business operation, finance situation, recipes, and technology of company Do not reveal or provide to any organization or individual without agreement of the director e) Do not copy or provide document, procedure of all Departments without getting opinion from the director f) Except for the case of having order from law enforcement agencies, any other case head of departments have to get opinion and execute as per director’s guidance when having need to inspecting or getting data on any departments in company g) Employees have responsibility to keep business secrets of company which are stated below All violation will be punish as regulation Business secrets are included: - Product information, product technology secrets - Situation and data related to trading, business plan, marketing strategy - Price and cost of products - Yearly budget - Documents, data, information about finance – accounting and financial situation - Human resources situation - Information which is only circulated internally h) The direct supervisors are required to follow up and check the obey of their staff about regulations stipulated in chapter 11 and comply with the signed undertake CHAPTER 12 DISCIPLINE AND MATERIAL RESPONSIBILITY This policy reflect company’s justice and consistent in handling discipline violation in working places It aims to maintain discipline, adjust misleading attitude and effective, prevent offence repeat, create a better working environment I DISCIPLINE Disipline methods a) Level – reprimand within department Employees who violate discipline and working process which cause no harm for company at the first time because of weak ability or unintentional b) Level – reprimand in written in months - Repeat offence at level - Violate regulation the first time that cause damage under 2,000,000 VND and bad effect on image and productivity of company In this case, beside reprimand in written, violating employees are deducted 10% in bonus at the end of year c) Level – reprimand in written the second time - Repeat offence at level - Violate regulation the first time that cause damage under 10 months of regional basic salary and bad effect on image and productivity of company In this case, beside reprimand in written and make discipline decision, violating employees are prolonged the time to increase salary level in maximum months or demoted and have no bonus at the end of year as well d) Level - dismiss - Repeat offence at level - Violate regulation the first time that cause serious damage on finance and bad effect on image and productivity of company which is equivalent from 10 months of regional basic salary In this case, beside dismissed, violating employees have to compensate material damage for company Discipline violated behaviors a) Using discipline method level 2, reprimand in written within months if violate the following contents at Chapter 12, Part 1, clause 1, item b: - Violate the first time at level and cause damage under 2,000,000 VND for Company - Be absent day/month without legitimate reasons or without agreement of superior - Go to work late or leave early compare with regulation in times/months without legitimate reasons - Do not obey regulation about time to notice before take annual leave - Do not obey professional guidance or assignment of direct superior or competence level - Do not record document, data which related to operation of company clearly, honestly or not obey record principles of accounting statistics system as per regulation of Law and company - Do not be serious in working time, lack of internal solidarity, have behavior of interfering information or speaking ill about coworkers - In and out working place out of job scope, using working tools without assignment or agreement from Manager level - Using company telephone for personal purposes - Using company computer out of working purposes - Installing software to company computer without agreement of competence level - Distributing products, services in working time - Do not obey working process or regulation of company that cause finance damage as regulation at discipline method level - Do not participate Food safety and hygiene training or labor safety and hygiene training as company’s arrangement Execute danger work out of job scope and without assignment of competence people - Do not use labor protecting tools which are provided - Do not arrange products, ingredient, material as regulation - Do not obey regulation machine/equipment of labor safety or guidance for operating - Do not participate in health check periodically or strict regulations about safety and hygiene in working - Spitting or smoking in working area - Bringing food, animals to warehouse area Deduct 10% year end bonus b) Using discipline method level for following offences as chapter 12, Part 1, clause 1, item c: - Repeat offence in months reprimand for the violations that are handled at point a, item of chapter 12, or point a, item 2, article 10 of the Labor regulation - Be absent 2-4 days/month without legitimate reasons or without agreement of superiors - First violated the offences mention on chapter 12, Part I, clause 1, item a, but cause damage under 10 months of regional basic salary Violate following regulation at the first time : - Using company machine, means for personal purposes - Saving, mobilizing, inciting and distributing illegal document - Do not obey regulation of preventing combustion and detonation - Threat coworkers, interfere and disorder working place - Using wine, beer, and other stimulant in working area - Inciting coworkers to execute bad intentions that break Law and cause bad effect on prestige and business of company - Do not obey management, guidance of superior Supervisor cover up or bully subordinates - Making film and taking photograph in warehouse or product situation in warehouse without discussed with warehouse supervisor - Violate all regulation at Chapter of Employee’s Handbook or article of Labor regulation about morals conduct that affect on prestige and business of company with damage level from under 10 months of regional basic salary - Operating machines, equipment after using wine, beer, or other stimulants - Bringing chemical, weapons, flammable material to company - Do not inform on time when discover the risk that can cause labor accidence, occupational diseases, or dangerous incidents - Do not take part in giving emergency aid and overcoming consequences of labor accidence at production place - Collude, incite coworkers or any other people to steal, reveal company business and technology secrets - Lack of responsible spirit, not maintain assigned asset and products - Provide document to inspection teams without getting approval from the director - Do not comply with rules and procedures of the Law when complaining and denouncing - Do not compliance with working processes or company’s regulations that cause damage under 10 months of regional basic salary Do not receive year end bonus c) Using discipline method level 4: dismissal, for the following behaviors: - Employees who are subjecting discipline method of prolonging time for increasing salary or demoting as regulation as point b, item of chapter 12 or point b, item 2, article 10 in Labor Regulation, repeat these offences in the time taking disciplinary action - Violate at the first time behaviors stated on point a, b, item 2, part I, chapter 12 that cause financial damage from 10 times of basic regional salary - Playing gamble, intentionally injuring other people in working place - Using heroin in working places - Violating chapter of Employee’s Handbook or article of Labor Regulation about code of conduct in Labor regulation that cause damage for company prestige and business with value from 10 months of regional basic salary - Colluding, inciting coworker or any other people to steal, reveal company business and technology secrets that cause damage for company prestige and business with value from 10 months of regional basic salary - Having behavior of stealing, embezzling, revealing business secrets, technology secret, trespassing intellectual property of employer or having other behaviors that cause serious damage or have ability to cause specially serious damage on company property and benefits - Arbitrarily copying or sending (including send document, information to personal email) document, information, procedure related to company business secrets that are stipulated in item 8, article of Labor Regulation Arbitrarily be absent in cumulative days in a month or 20 cumulative days in a year without legitimate reasons The order and procedure for handling labor discipline The order of handling labor discipline as article 123 of Labor Law is stipulated at Circular 41/CP issued on 6/7/1995 by the Government that stipulate in detail and guide to execute some relevant in Labor Law about labor discipline and material responsibility and Circular 33/2003/NĐ-CP issued on 2/4/2003 which adjusted and completed some articles for Circular 41/CP issued on 6/7/1995 a) Employer must prove the fault of employees with evidences or witnesses (if any) b) Unit Business Trade Board must be present in the meeting of handling discipline, except the case of using verbal reprimand method c) Employees must be present and have the right to defend for themselves or ask lawyer or other people to help them to defend If employers send written announcement times but employees still be absent, employers have the right to handle this discipline and inform the discipline decision for employees d) Discipline meeting minutes are as stipulated forms e) Employers are people who issue labor discipline decisions and have responsibility about those decisions f) In discipline minutes, these following information must be stated clearly : name of unit where employees working, date of issuing discipline decision ; employees’ full names and occupations ; the content of violation ; discipline method, damage level, compensation level and means (if any) ; date to start execute the decisions ; decision makers’ signatures, full names and positions g) Employers send these discipline decisions to employees and Unit Trade Union Board In the case of dismissing, employers have to send these decisions for Labor and Social Welfare Service within 10 days from issued date, enclose with the minutes of handling discipline meetings Each behavior that violates labor discipline is handled with only discipline method When employees violate many disciplines at the same time, employers just use highest discipline method that equivalent with the most serious violation; II MATERIAL RESONSIBILITY a) Damage to property - Employees damage (damage caused by external effects in the use of property) equipment, means, tools that company provide in the course of work or others acts causing damage to company property shall compensate in accordance with the Law for the damage caused - The amount of compensation is under the current asset value and be deducted from the monthly salary with a deductible not to exceed 30% of the monthly salary until compensation is completed b) Loss of property - Employees who lose tools, equipment, means, material, asset that company provide or using material, fuel exceed the allowed level shall compensate a part or all with current market price depend on each particular case - In the case that employees signed the responsible contracts with company, besides the compensation based on property’s value, employees must compensate as regulations in responsible contracts - The case of force majeure is not compensated - Violated employees just compensate for the direct damage that caused for property, money of company They must not compensate for indirect damage which is consequences generated from the damage of property or money III PROBLEM SOLVING Company commits to provide the best working conditions for employees, and encourage a frank and opened working atmosphere in solving generated problems is one of these conditions All problems, complaints, comments from employees will be solved quick and fair Procedures to solve problems are as follow: Step 1: Direct supervisor: - Employees shall present all problems to direct superiors and both try to solve those problems together - Superiors discuss with employees and consult suitable solutions if necessary If problems still are not solved We continue with the second step Step 2: HR Department: - Employees present problems to HR Department if their problems are not solved with their superior - HR Department will give solutions to consult employees, help and communication with employees’ Managers Step 3: The director - Those problems are reported to the director by HR Department - The director consider and meet employees (if necessary) - The director will make the final decisions KEY FUNDAMENTALS OF THE EMPLOYEE’S HANDBOOK Pursuant to Vietnam’s Labor Code No 10/2012/QH13 and its related decrees, circulars and other official documents of the Labor Code Pursuant to Vietnam’s Law on Social Insurance and Medical Insurance and its related decrees, circulars and official documents Pursuant to the Company’s Labor Regulations Pursuant to Staff Collective Agreement signed by the employers and representatives of Employees In accordance to HR policy on headcounts development and growth of company’s culture In accordance to the company’s working regulation and procedures ... Law: - 13th salary - Annual leave - Holidays leave - Sick leave - Maternity leave - Paid leave and no-pay leave - Social insurance, medical insurance and unemployment insurance - Training - Annual... for personal affairs in the following circumstances: - Employee’s marriage: days - Child’s wedding: day - Employee’s wife delivery baby: day - Death of parents and parents-in law: days - Death... follows: - New year: day (January 1st) - Lunar new year: days (3 last day and first days of lunar calendar) - King Hung day: day (March 10th of Lunar calendar) - Victory day: day (April 30th) - Labor