QP-HR_0601_V3_Code of Conduct

Prepared	M. Martinez		21 Nov 2020
Approved	F. Lenoir		28 Dec 2020

1.1    To create and maintain the fundamental standard of behavior and performance among Infinit-O team members. 

 

1.2     To use discipline as a corrective and learning experience – not a punitive action. 

1.3     To provide guidelines in the administration of policies on team member discipline. 

 

1.4     To set standard rules of penalties for offenses according to the principles of justice, fairness and due process in the imposition of disciplinary action. 

3.1 All team members are expected to conform to the ideals proposed in this Code and are to maintain at all times the organizational behavior that upholds Infinit-O corporate culture and organizational prestige. 

 

3.2 Team Heads and/or immediate superiors of the team members are responsible in instilling discipline and maintaining order in his work and as such is responsible for the investigation procedures. Immediate superiors must initiate action on any reported violation of the Infinit-O Code of Conduct and submit his written report within 72 hours (excluding weekends and holidays) from the time the infraction was committed or from the time he was informed of the said infraction. 

 

3.3     People Operations and Transformation Team shall assist/advise the superiors in meeting out the appropriate disciplinary action and in counseling the erring team member. Thus, the role of the People Operations and Transformation Team is to ensure that in every disciplinary case, there is due process and all sides are heard and evaluated by the Administrative Committee. The People Operations and Transformation Team shall see to it that: 

1. The investigation is prompt, complete and that proper procedures are followed; 
   
2.  The implementation and application of sanctions per Code and existing laws are just and applied uniformly; 
3.  Proper documentation of the administrative proceedings of the investigation and of the consequent disciplinary action recommended in each case; 
4.  These records shall be the basic reference in rendering the final judgment of each case; 
5.  These records including the final judgment shall be compiled in the team member’s physical and digital, via MyHR or GDrive, 201 file and shall have a bearing to future infractions/violations and judgments. 

4.1 The Code is used when an occurrence of misconduct and/or breach of Information Security occur.     

5.1     Management  

5.2     People Operations and Transformation 

5.3     Erring Team Member 

6.1     Policy Guidelines 

 

6.1.1     Infinit-O disciplinary policy is corrective rather than punitive. It is not the primary intention of the Infinit-O to penalize or punish its team members unduly. Rather, the rules that follow manifest Infinit-O’s seriousness of purpose in maintaining organizational discipline. Although disciplinary actions are expressly indicated for violation of the rules, the intent is prevention of infraction rather than administration of penalties. 

 

6.1.2    Infinit-O shall adopt this team members’ Code of Conduct and Discipline which states the basic philosophy of the Infinit-O regarding discipline and the rules and regulations with the list of offenses and the table of penalties for any infraction thereof. The schedule of offenses and penalties is not exclusive and may be modified as circumstances warrant. 

 

6.1.3     Since it is impossible to develop a complete set of written rules that will cover all possible offenses that may be committed in the organization, the immediate superior of the team member must not limit disciplinary action only to those acts which constitute a clear violation of written rules. A practical sense of justice and common sense would recognize those acts, which although not specified in the Code are clearly harmful to the Infinit-O or co-team members. Such acts must be apprehended; and must therefore be subject to disciplinary action. 

 

6.1.4     The aim of this Code is to enjoin self-discipline and to improve team member performance. In providing the proper disciplinary action to erring team members, the objective is to ensure proper control of team member behavior towards his/her own personal good and the good of the organization. 

 

6.1.5     Superiors must discipline the erring team member privately, explaining the offense committed and the corresponding penalty. All disciplinary action reports are to be treated confidential at all times. 

 

6.1.6     The following are the types of penalties to be imposed: 

6.1.6.1 Verbal Warning – is a one-on-one meeting between the errant team member and his immediate superior to discuss the problem/issue and 

ways to improve the undesirable behavior patterns agreed on an improvement plan that the errant team member should undertake, and warn/remind the team member of possible consequences should the problem exist. Verbal Warning shall be documented though by the immediate superior of the errant team member stating that subject team member was verbally reprimanded with acknowledgement of team member. The said documentation must be placed on the team member’s 201, physical and/or digital, file which shall serve as notification and record.  

6.1.6.2 Written Warning – is given for an infraction specifying the offense to caution the team member that repetition of the same offense/ behavior shall be dealt with more severely. 

6.1.6.3 Final Written Warning- is given for an infraction specifying to the team member the repletion of the same offense/behavior and/or violating such offense has serious implication to the organization or its team members.  

6.1.6.4 Days of Suspension – is the temporary barring of a team member from work and performance of duties and functions for a specified period of time. Suspension is without pay and cannot be filed as annual leave. It may range from three (3) days to fourteen (14) days depending on the gravity of the offense. 

6.1.6.5 Preventive Suspension – is the temporary barring from reporting to work of a team member who had committed a serious offense where his presence within the Infinit-O premises may pose a serious or imminent threat or danger to the life and property of his co-team members or to the employer/Infinit-O.  

Preventive suspension can be meted prior to or during an investigation and shall be in effect until the final resolution of the case of erring team member has been reached. In all cases though, no preventive suspension shall last longer than thirty (30) days. However, the Infinit-O may extend the period of suspension in extreme cases where it is inevitable to do so. Preventive suspension shall be without pay; but the erring team member will be paid back once found not guilty in the final resolution. 

6.1.6.6 Discharge – the termination of a team member from the Infinit-O for a cause resulting from the team member’s violation of Infinit-O rules and other pertinent provisions of existing laws including that of the Labor Code. Dismissal shall not in any way prejudice the Infinit-O’s right to sue or file criminal charges against an erring team member if the seriousness of the offense committed and the nature of the circumstances so warrant. All cases of dismissal shall be investigated with utmost impartiality with the erring team member being given the opportunity to present his side and to confront any or all witnesses.   

6.1.7     This Code shall ensure that the right to due process of any team member shall at all times be respected. A team member reported to have committed an offense shall be given objective, consistent and fair treatment. No penalty  may be imposed unless the right to be informed of the alleged offender was observed. The right to due process shall include: 

1. The right to be informed of the nature and cause of accusation against alleged offender. 
2. The right to be heard – or in our case, is the right to explain. 
   

Furthermore, the alleged offender shall be given the chance to reform. 

 

6.1.7.1 As part of due process, the policy provides for appeal procedures. A team member who is not satisfied with the corrective action applied by his immediate superior may appeal for the decision within forty-eight (48) hours or two (2) days upon receipt of the decision. This shall be done in writing addressed to the next higher position as follows:

1. President/COO
2. Vice President/Director
   
3. Operations Manager/Sr. Manager
   
4. Team Leader/Sr. Team Lead 

6.2     Specific Guidelines 

6.2.1 Standard Time to Render Judgment & Sanction: 72 hours – It is the immediate superior’s responsibility to ensure speedy disposition of a case at all times by immediately filing the incident report on all offenses. People Operations and Transformation Team shall render decision on all reported offenses with the superior concerned within 72 hours (excluding weekends and holidays) upon receipt of the errant team member’s explanation letter. Exceptions to this standard time (1) if the case warrants additional time to conduct further investigation; (2) where the team member has requested for a reasonably longer investigation of his case. 

6.2.2 Aggravating or Mitigating Circumstances – Depending on the gravity of an offense and circumstances of its commission, the superior of the team member concerned with the approval of his immediate superior may propose to the People Operations and Transformation Team that the recommended penalty be one or more steps higher or lower than the sanction prescribed in the Code. Justification shall be prepared in writing and signed by all concurring concerned for approval of the Site Director whose decision shall be final. 

6.2.2.1 Mitigating Circumstances are those that may tend to lessen the seriousness or gravity of the offense and may merit decreasing disciplinary actions. Examples of mitigating circumstances are:   

1. The team member has been in service with the Infinit-O for a period of time. 
   
2. The team member has not committed any similar offense within the year or previous year. 
3. The team member has a good performance record. 
4. The team member did not cause substantial loss or damage to the Infinit-O. 
5. The team member admitted guilt of the charges against him, except for serious offense. 
6. The team member did not benefit from the offense. 
7. The team member did not have the intent to defraud. 
8. The offense was not pre-meditated. 
9. The team member followed an unlawful order of his superior in good faith or under threats, intimidation or duress. 
10. The team member was provoked beyond reasonable limits to commit the offense. 

  6.2.2.2 Aggravating Circumstances are those that may tend to increase the seriousness or gravity of the offense and may merit the application of the maximum penalty for the offense committed. Examples of aggravating circumstances are:   

1. The team member has a record of having committed a similar or the same offense within the last five (5) years. 
2. The team member is guilty of habitual or multiple cases of misconduct. 
3. The team member caused the Infinit-O a great amount of damage or loss. 
4. The team member was motivated by a bribe or a promise of reward in the commission of an offense. 
5. The team member benefited from the offense. 
6. The team member occupies a position of trust and confidence such as those entrusted with the custody and safeguarding of Infinit-O funds and properties. 
7. The team member has a poor performance record. 
8. The team member was under the influence of drugs or alcohol when he committed the offense. 
9. The team member took advantage of an emergency situation. 
10. The team member was proven to have pre-meditated the offense. 
    
11. The team member imposed his/her position upon his/her subordinate to commit the offense. 
12. The team member committed the offense against a superior. 

6.2.3 On Final Warning on First Level or Grave Second Level Offenses – In such cases, Team Leader/Manager/P&T should refrain from using the term “Final Warning” as a recorded disciplinary measure. This practice may lead to a situation where the team member has had a “Final Warning” on his/her record, followed by several comments, then another “Final Warning”. Such situations weaken the Infinit-O’s disciplinary system. It is therefore imperative to note that: “The team member was warned that he will be subject to a stricter disciplinary action should he commit the same offenses or a violation of any other Infinit-O rules” on the team member’s record. 

 

6.2.4 Team member under Suspension or Preventive Suspension – A team member on suspension or preventive suspension must never be allowed ingress to the Infinit-O premises unless there is specific instruction from the People Operations and Transformation Team.  

 

6.2.5 When Infinit-O Fund or Property is Lost or Damaged – When due to gross negligence or abuse, the errant team member shall pay for the cost of the lost fund and/or damaged or lost property on the terms to be decided by the Infinit-O’s management. This is in addition to the penalty to be meted out as provided in the Table of Offenses and Penalties. 

 

6.2.6 Reference to Past Cases – Any disciplinary action to be imposed to an erring team member must be decided in reference to the team member’s past disciplinary record as well as his/her 201 file. Persistent offenders shall be dealt with more severely than the first timers. 

 

6.2.7 Uniform Penalties – If more than one (1) person is involved in an infraction, all offenders shall be subject to uniform disciplinary action, except in the following situations: 

6.2.7.1 When it can be proven beyond reasonable doubt that one of the offenders was the instigator. The instigator must be meted a stiffer penalty; or 

 

6.2.7.2 When one or more of the offenders have a history of disciplinary cases, then this subsequent offense warrants a more serious disciplinary action.  

6.2.8 When a single act constitutes two or more offenses under the Rules and Regulations, the penalty for the more serious offense shall be imposed. 

 

6.2.9 In case of abandonment of work, a notice of Return-to-Work Order must be sent through registered mail/last known address and recorded active personal email of the concerned team member. See Return to Work Order (RTWO) Process. If team member still failed to show up to work provided, he/she was given a chance to be heard, a notice of termination shall be sent through registered mail.  

6.2.10 Non-Restrictive Clause – The Infinit-O reserves the right to amend, alter, modify and/or change this Code as the exigencies of the service may warrant and upon proper notice and publication, such amendments, alterations, modifications and/or changes shall become an integral part of this Code. 

6.3     Disciplinary Procedures 

6.3.1 When an infraction of the Infinit-O Rules and Regulations is committed, the following procedural guidelines should apply in administering disciplinary actions: 

 

Responsible Person                          Procedures 

 

Team Leader/Manager

6.3.1.1    Prepares the Discussion Log within 72 hours from the time the infraction was committed or from the time he was informed of the said infraction.  

6.3.1.2    Summons the errant team member or a witness to attest that due process is being followed. 

 

6.3.1.3    Explains to the team member the reason for the summons and serves the Discussion Log to the team member.

People Operations and Transformation Team

6.3.2.1    Reviews the Discussion Log prepared by immediate supervisor to ensure documentation is correct before serving to the team member and offense specified is appropriate to the alleged infraction.

      

Team Member

6.3.2.2 Receives the Discussion Log. 

6.3.2.3 Affixes his signature, date and time he received the Discussion Log. 

The Incident and Discussion Log is not a Disciplinary Action but rather it is only a written reminder that the team member has committed an offense where he has to give a written explanation to explain his side. 

 

In case the team member is not at work to receive the Discussion Log and when the 72 hours time has lapsed, the immediate superior shall note in the Discussion Log: “team member is absent and cannot acknowledge and receive the Discussion Log.”  The said report shall be served to the subject team member immediately when he/she appears to work. 

 

 6.3.2    When the team member refuses to acknowledge the Discussion Log, the following procedures are to be followed:

 

Team Leader/Manager      

6.3.2.1 Notes in the Discussion Log:” The team member refused to acknowledge the Discussion Log.” 

 

6.3.2.2 Let the witness receive the Discussion Log on behalf of the team   member. 

 

6.3.3 When the witness refuses to acknowledge the Discussion Log, the following procedures are to be followed: 

 

Team Leader/Manager      

6.3.3.1 Notes in the Discussion Log: “The team member & the witness refused to acknowledge the Discussion Log.” 

 

6.3.3.2 Calls another witness and lets the witness attest what he has written in the Discussion Log.   

6.3.4 After the team member has received the Discussion Log, the following procedures are to be followed:

Team Member

6.3.4.1 Accomplishes his written explanation & submits the same to his immediate superior within 72 hours (excluding weekends and holidays) upon receipt of the Discussion Log.

Team Leader/Manager

6.3.4.2 Receives the written explanation, evaluates it. 

 

6.3.4.3 Initiates formal investigation of the case with the assistance of the People Operations and Transformation Team Department. 

 

6.3.4.4 Makes a recommendation/decision based on the investigation findings in coordination with and concurrence of the People Operations and Transformation Team Department on the sanction appropriate for the case.  

People Operations and Transformation Team

6.3.4.5 Initiates the Disciplinary Action (DA) Memorandum for the concurring signature of the Team Leader/Manager concerned and approval of the Site Director.

Team Leader/Manager

6.3.4.6 Serves the DA Memo to the team member (original copy), & sends one (1) copy to the People Operations and Transformation Team Department for the team member’s 201 file record.

Should the Team Leader Find the team member’s Explanation Satisfactory and Excusable – The Team Leader should likewise write his final recommendation on the team member Violation Report and forward the same to his immediate superior for notification, approval and submits the same to the People Operations and Transformation Team Department. The latter should also issue a memorandum to the concerned team member clearing him of his case; copy furnished his 201 files. 

 

When a team member Fails to Submit a Written Explanation on Time – If the concerned team member fails to submit his written explanation within 72 hours (excluding weekends and holidays) upon receipt of the, the team member will be deemed to have waived his right to explain his side. Thus, the superior concerned can proceed to make a decision/recommendation of the appropriate sanction.

6.3.5 If the team member is not agreeable to the sanction meted to him, the team member may file for an appeal. However, team member can appeal only on those decisions whose penalty/sanction deprive him/her of his/her right to earn a living, such as those that warrant suspension.

Such appeal may be entertained only on any of the following grounds: 

1. failure to observe due process; 
   
2. if made purely on questions of law; 
3. if serious errors in findings are raised; 
4. if new evidences are presented that will exonerate him of accusations; 
5. if the appeal is to request lowering of the penalty to be imposed, valid reasons and appropriate justifications should be presented. 

Responsible Person	Procedures
Team Member	6.3.5.1 Initiates formal request to investigate his case further by accomplishing the Appeal Form, presenting new evidence or other pertinent information, which may mitigate his case and submits the same to his immediate superior.
Team Leader/Manager	6.3.5.2 Forwards a copy of the team member’s Appeal Form to the People Operations and Transformation Team Department.  6.3.5.3 Makes a decision based on the findings of the reinvestigation in concurrence with the People Operations and Transformation Team Department.

6.3.5.4 Forwards his decision to his immediate superior for approval. 

6.3.5.5 Forwards the decision to the People Operations and Transformation Team Department. 

People Operations and Transformation Team

6.3.5.6   Initiates the DA Memo and forwards the same to the Team Leader/Manager concerned for concurrence/signing and approval of the Site Director.

Team Leader/Manager

6.3.5.7 Serves the DA Memo to the team member concerned and sends one (1) copy for the 201 file. 

Case under appeal shall be decided within fifteen (15) working days from the receipt of such case. Should the result of the reinvestigation prove to be favorable to the team member, the People Operations and Transformation Team should issue a memorandum to the team member, copy furnished in his/her 201 file, declaring him/her innocent of the offense or re-defining the entity of the nature of the offense or the degree or level of the offense; and the lighter penalty, if any.

6.3.6 If the Team Leader/Manager/HRD or any person in any case finds additional evidence, witness or mitigating/aggravating circumstances in relation to the case of the concerned team member, the following procedures are followed:

Responsible Person          Procedures 

 

Team Leader/Manager

6.3.6.1    Presents the additional evidence, mitigating/aggravating circumstances in writing to his immediate superior copy furnished People Operations and Transformation Team Department and  requests for the reopening or reinvestigations of the case.

People Operations and Transformation Team

6.3.6.1    Initiates reinvestigation. 

6.3.6.2    Presents the findings of the reinvestigation to the concerned Team Leader/Manager and concurs with the decision of the case.

6.3.6.3    Initiates DA Memo and submits the same to the concerned Team Leader/Manager and Site Director for signature and approval.

Team Lead/Manager

6.3.6.4    Signs the DA Memo & serves the same to the team member concerned. Send one (1) copy to People Operations and Transformation Team for 201file.