INTRODUCTION
TS-TECH Group (hereinafter interchangeably referred to as the ‘Company’/’Employer’/’Establishment’) believes in the protection of every kinds of rights of the workers working under the TS-TECH Group and to protect the personal dignity of all individuals. Consistent with this belief, the Company recognizes the need for compliance with all the laws of the land, including but not limited to the employment laws in particular with the Bangladesh Labour Act 2006, as amended from time to time and the rules and regulations made thereunder. For this reason, the purpose of this Human Resource (HR) Manual is to promote an equal, safe, protective and healthy workplace for all the Workers employed under the TS-TECH Group.
TS-TECH Group recognizes the contributions of its workers and treats each individual worker fairly and consistently in all matters, with a uniform application of the following human resources philosophies:
Human resources are best allocated to achieve optimum productivity and efficiency.
Pay and benefits offered are fair, equitable and competitive.
Workers are always encouraged to well-equip themselves for the present job and future development of TS-TECH Group.
Reward is based on merit. High performers are given priority to take up more responsible positions.
Two-way communications between workers and the management are promoted as a means of building mutual understanding and trust.
Workplace safety is given top priority to protect human health and enable workers to deliver their best performance.
The protection of human rights in employment is supported, as guided by relevant internationally accepted principles. Worker’s freedom of speech and association are respected as long as they are within the legal boundaries.
The Manual shall be applicable for the Workers working under the TS-TECH Group. For avoidance of any doubt, for the purpose of this Manual, Worker shall mean and include those employees working under the TS-TECH Group, who do not have any administrative and/or managerial capacity. The provisions under this Manual shall be treated as an integral part of the employment contract of every Worker and shall be binding on them as internal laws. The Employer shall also strive to fulfil its obligations as mentioned in the Manual. The Employer retains the absolute right to amend any and every provision of the Manual from time to time and update the same as and when necessary. The Employer may also make necessary policies and procedures from time to time to give effect to specific policies of the Company. Any provision of the Manual, which may be found to be inconsistent with any existing or future laws of the land, shall be deemed to be ineffective keeping the remaining provisions valid and effective.
EMPLOYMENT:
1. Employment Policy: It is the policy of TS-TECH Group to recruit the best qualified people and to maintain a pool of human resources according to the manpower requirement and planning of TS-TECH Group. It is also the policy of TS-TECH Group to transfer or promote well performing and capable workers to fill vacancies so that they are provided with opportunities to widen their exposure and further their career development within TS-TECH Group. All workers have equal opportunities of employment irrespective of their age, sex, marital status, family status, disability, race, nationality or religion (provided that these do not impede the abilities of the prospective appointees to carry out normal job duties or affect the health and safety of fellow workers). Job seekers are treated fairly and equally. Employment is offered only to the best qualified applicants with reference to their merits and abilities to meet the requirements of the jobs irrespective of whether they are referrals or direct applicants. The Human Resources Department provides recruitment advice and services to all Divisions/Departments and is responsible for the entire process leading to employment. TS-TECH Group will not be bound by offers of employment other than by the Human Resources Department.
2 Classification of workers
Workers employed in this establishment shall be classified in the following classes:
Apprentice: This type of Worker is employed as a learner and is only paid an allowance during the period of his training.
Badli: A Badli Worker is employed in the establishment in the post of a permanent Worker or of a probationer during the period in which he is temporarily absent.
Casual: This type of Worker may be employed in this establishment to do works which is of casual nature.
Temporary: A temporary Worker is employed for work which is essentially of temporary nature, and is likely to be finished within a limited period.
Probationer: A Worker is called a probationer if he is employed in this establishment to fill a permanent vacancy in a post and has not completed the period of probation.
Permanent: A permanent Worker is one who is employed on permanent basis or if he has satisfactorily completed the period of his probation in this establishment.
Worker on contract: A Worker on contract is one with whom a specific contract of employment has been entered into.
The Company shall specify the category of the Worker in their employment contract, if any. In case where there is no employment contract or the contract does not specify the category of a particular Worker, it shall be determined as per the nature of the job.
3. Terms of service
3.1. Probationary period
The period of probation for a Worker whose function is of clerical in nature shall be six (6) months and for other Workers such period is three (3) months. However, in the case of a skilled Worker, the period of probation may be extended by an additional period of three (3) months if, for any circumstances, it has not been possible to determine the quality of his work within the first three (3) months’ period of his probation. Upon appointment, the Worker shall be notified about the duration of their probationary period depending on their category.
3.2. Letter of Appointment and Identity Card
A Worker is provided with letter of appointment and identity card (ID Card) with photograph at the time of appointment. The letter of appointment shall contain the date, place and time at which the worker is going to join. Every Worker shall wear the ID Card at all times during their work and also during the time of entry and exit to and from the factory premises. In case, a Worker fails to wear the ID card on any particular day, he shall take permission from the security before entering into the premises. Replacement ID card shall be issued free of cost once in every twelve month if the ID card is damaged or lost. In case, more than one (1) ID card needs to be issued to a Worker in twelve months time, then from the second issue, Taka 20 shall be charged.
3.3. Service Book
The Employer at their own cost shall maintain a service book for every Worker. Upon employment of a new Worker, the Worker shall keep his service book(s) from his previous Employment with the new Employer. The Employer shall hand over the service book to the Worker on the termination of the Workers’ service. The service book shall contain the name of the Worker, name of his parents, address of the Worker, date of birth, particulars necessary for identification, name and address of the previous Employer (if any), period of employment, occupation or designation, leave availed, wages, conduct of the Worker etc.
3.4. Register of Workers
The Employer maintains a register of Workers, to be available to the inspector at all times. The register contains date of appointment, the nature of the work, periods of work fixed for him, the intervals for rest and meals and the days of rest to which he is entitled, the group, if any, in which he is included etc.
4. Cessation of employment
4.1 Discharge from service
A Worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by the doctor. If a Worker who has completed not less than one (1) year of continuous service is so discharged, he shall be paid by the Employer at the rate of thirty (30) days wages for every completed year of service or for any part thereof in excess of six (06) months.
4.2 Termination of employment by Employers otherwise than by dismissal (Termination Simpliciter)
The employment of a permanent employee may be terminated by the Employer without any breaking cause of BLL & BEPZA, by giving him in writing-
One hundred and twenty (120) days’ notice if he is a monthly rated Worker.
Or the permanent employee is paid compensation at the rate of three (03) basic wages & one (o1) gross wages.
The employment of a temporary Worker may be terminated by the Employer, by giving him in writing-
One hundred twenty (120) days’ notice if he is a monthly rated Worker.
Where notice is not served at the time of termination, the Worker is paid basic wages in lieu of notice.
4.3 Termination of employment by Employees (Resignation)
A permanent Worker may resign from his se rvice by giving to the Employer in writing sixty (60) days’ notice. Or surrender one(01) Month gross Salary Not He is paid either compensation along with all other benefits to which he is entitled. The compensation is calculated at a rate of fourteen (14) days’ basic wages for every completed year of service when he has been in continuous service for more than five (5) but less than ten (10) years. Where the Worker has completed continuous service for ten (10) years or more, the compensation is paid at a rate of thirty (30) days’ basic wages for every completed year of service.
A temporary Worker may resign from his service by giving to the Employer in writing –
Thirty (30) days’ notice, if he is monthly rated Worker;
In case a Worker resigns without any notice, s/he has to pay or forfeit basic wages in lieu to his Employer.
4.4 Retirement of Worker
A Worker retires from employment because of completion of sixty (60) years of his age. If you so retire, you shall be entitled to the payment of compensation at the rate of thirty (30) days’ basic wages for every completed year of service along with other lawful benefits, if any.
The Employer may employ a retired Worker by extending his services up to the age of 62 years, considering health conditions, past service records, experience, conduct, extraordinary academic qualifications, etc. of the retiring Worker that proved to be useful to the Employer. In case of employment of a retired Worker, it shall be done on the basis of a new contract.
4.5 Dismissal:
The employment of a Worker can be brought to an end by way of dismissal. There is no need to serve any notice or pay instead if the Worker is guilty of misconduct or convicted in any criminal offence. The provisions in relation to misconduct and the procedures are discussed in detail later on in the Manual.
A dismissed Worker is not entitled to compensation where he is dismissed due to theft, misappropriation, fraud, dishonesty, riot, arson, disorderly behavior or vandalism in the establishment, although for such instances s/he shall be entitled to all other lawful benefits payable upon separation from employment.
In A case a dismissed Worker has got the chance of reinstatement to the original post when he is acquitted on an appeal.
4.6 Retrenchment:
Retrenchment is a way of ceasing the employment of a Worker. It is done only on the ground of redundancy and does not refer to any punitive measure. For retrenchment of a Worker the Employer shall serve a written notice of 1 (one) month containing the reason of retrenchment provided he has been in continuous service for at least a year. Where such notice is not served, basic wages equivalent to the notice period will be paid to the Worker. In addition, the Worker gets compensation which is equal to thirty (30) days’ basic wages for every completed year of service or for any part thereof in excess of six (06) months. Where retrenchment is done instead of lay off the Worker gets fifteen (15) days’ basic wages in addition to the aforesaid compensation.
Where a particular category of Workers are retrenched, the last person employed is retrenched first provided there is no agreement to the contrary. As far as re-employment is concerned, retrenched Workers get preference over other Workers in case where the re-employment takes place within one (1) year of the retrenchment. The length of service of the Worker prevails in case of re-employment.
4.7 Equal Employment Opportunity
It is the policy of the Employer to ensure equal treatment for all Workers regardless of race, color, religion, national or regional origin, age, gender, or mental/physical capacity. This policy applies to all activities of the Employer, including, but not limited to, recruiting, hiring, training, transfers, promotions, benefits etc.
WORK SCHEDULE:
5. Working Hours:
5.1 Daily and Weekly Working Hours
The hours of service shall be clearly specified in the contracts of service and the same shall be followed. Standard hours of working for the workers are not to exceed by more than eight (8) hours in a day, excluding one (1) hour meal break. However, the Workers may work for a period not exceeding ten (10) hours in a day, excluding the one (1) hour meal break, subject to the payment of extra allowance or overtime. Workers are not to work for more than forty eight (48) hours in a week. However, if he works overtime, (i.e. for more than forty eight (48) hours subject to the payment of extra allowance for overtime) the working hours will not be more than sixty (60) hours in any week and on the average of fifty six (56) hours per week in any year.
5.2 Interval for rest and meal
In case the Workers working for more than 5 hours in a day, he shall be allowed an interval for half an hour (30 mins) during the day for rest. In case the Workers working for more than 6 hours in a day, he shall be allowed an interval for one (1) hour during the day for rest and meal. If he works for more than eight (8) hours he shall be provided an interval of at least one (1) hour or 2 intervals each of half an hour (30 minutes) during that day.
5.3 Weekly Holidays
In each week the Workers are allowed to get one (1) day holiday. If a Worker is deprived of any of the weekly holidays, he is to be allowed as soon as possible compensatory holidays, of equal number to the holidays so deprived of.
5.4 Night Shifts
Where a Worker works on a shift extending beyond midnight a holiday for a whole day means a period of twenty four (24) consecutive hours beginning from the end of his shift and the hours he has worked after midnight is counted towards the previous day.
5.5 Extra allowance for overtime
Where a Worker works on any day or week for more than the hours fixed, he is entitled to allowance in respect of the overtime work at the rate of twice his ordinary rate of basic wage and dearness allowance and ad-hoc or interim pay.
The overtime allowance shall be calculated in the following manner:
Rate of hourly overtime allowance= monthly basic wages and dearness allowance & ad-hoc allowance or interim wage(if any) X 2 X hours of overtime ÷ 208 hours*.
[Method of calculating 208 hour is-
1 month will have 208 working hours (52÷ 12 X48 hours = 208 hours).]
5.6 Limitation of hours of work
No woman is without her consent would be allowed to work between the hours of ten (10) PM and six (6) AM.
5.7 Double employment
While in employment with us, no Worker is allowed to work in any other establishment on any day, except on permission in writing.
Permission may only be grated at the complete discretion of the Employer, in case if the Employer is satisfied that the other proposed employment of the employee is of different character and will no way whatsoever hamper the employment of the employee with us.
Working hours and rest time
The regular working hours
The first shift
-Opening time 08:00
-Closing time 17:00
-Lunch time 12:30 ~ 13:10
-Rest time 10:00 (10 minutes), 15:00 (10 minutes)
The shift working time
The second shift
-Opening time 19:00
-Closing time 04:00
-Lunch time 23:10 ~ 23:50
-Rest time 21:30 (10 minutes), 02:30 (10 minutes)
The company might change the working time above based on the law.
REMUNERATION
6. Wages
Wages shall be fixed and revised in accordance and in compliance with the minimum wage rate published from time to time by the Bangladesh Export Processing Zones Authority (BEPZA) and/or the Government of Bangladesh. The gross wage shall be calculated as Basic wage+ House rent (40% on Basic) + Medical allowance at Tk. 560 (fixed). In addition to the above gross wage, transport allowance shall be provided by the enterprises.
The wage period for the Worker will be fixed by the Employer, in respect of which the wages are payable. The wage period of different Workers may be fixed on different times by the Employer.
6.1 Time of payment of wages
The wages of every Worker, who is paid on monthly basis, shall be paid before the expiry of the seventh day after the last day of the wage period in respect of which the wages are payable. The wages of every Worker, who is paid on weekly basis, shall be paid before the expiry of the first working day of the following week.
6.2 Mode of Payment wages
All wages shall at first be computed and determined in US dollars and then payment shall be made in Bangladeshi Taka. Basically, all wages are paid either by bank cheque.
6.3 Festival Bonus
Every Worker, having completed a minimum of six (6) months continuous service, shall be entitled to two (2) months basic wages as festival bonus in a year payable in two (2) installments i.e. one on the eve of Eid-ul-Fitr and the other on the occasion of Eid-ul-Azha for Muslim Workers. For Workers belonging to other communities, the festival bonus may be paid on the eve of their major religious festivals.
6.4 Equality in giving wages
Principle of equal wages is followed in determining wages or minimum rates of wages for male and female Workers depending on the nature of the work. Discrimination is not allowed on the ground of sex.
6.5 Salary policy:
Purpose: TS-TECH Group aims to provide employment which offers fair and equitable remuneration in relation to responsibility and performance. The salary policy of TS-TECH group is designed to attract, motivate and retain a high caliber workforce.
Principles: TS-TECH Group’s salary policy is governed by the following principles:
External competitiveness: TS-TECH Group aims to pay salaries which are competitive in the market for similar jobs. Emphasizes are given to implement the Minimum Pay Structure declared time to time by the Government and/or BEPZA, Basic Need Wages (BNW) / Living wages, market pay levels, pay trend and supply and demand in the labor market
Internal equity: All jobs are categorized into job grades as per the grade declared by the Government with reference to the job contents and job sizes. The same salary range should apply to individuals of the same job grade.
Individual profile: Salary should commensurate with the individual’s efficiency, performance, qualifications and experience
Performance: Results achieved and personal efforts are prime factors in determining the salary progression of individual workers / staff.
6.6 Pay review:
Fixed yearly Increment:
There shall be a fixed yearly increment in the wages of each Worker, the rate of which shall be 10% on basic wage.
Other pay review:
Purpose:
The objectives of pay review are to reward workers / staff in accordance with their responsibilities and performance throughout the year, and to review their remuneration against the market so that they are rewarded equitably internally and competitively with the market.
Procedure:
The pay review will normally be conducted on 1 March of every year. In order to ensure that reasonable and equitable pay adjustments are made, the Compliance, factory HR & Legal Affairs Department will issue guidelines to all Heads of Plant/Division/Department. Heads of Plant are required to make their recommendations in accordance with the guidelines.
The Compliance, Factory HR & Legal Affairs Department may provide indication adjustment rates for specific job grades or positions. While the Heads of Plant / Department are to use the guidelines for reference, they should make adjustment in their recommendations to accommodate specific circumstances in their division / department. However, they should provide justification to the Compliance, Factory HR & Legal Affairs department for any exceptional pay increase or promotion.
As recommendations for pay review and promotion are subject to final approval of the Chief Executive / Chief Operating Officer, Heads of Plant / Factory Heads of Admin, HR & Compliance should not make any premature commitment or disclosure to workers / staff.
6.7 Job related payments & Reimbursement:
Purpose:
This section sets out the compensation to eligible workers / staff for hours worked in excess of normal working hours as specified by the management.
Policy:
It is the management’s responsibility to ensure that overtime work is only performed when necessary and unavoidable, and on voluntary basis. Regular overtime is discouraged and considered inappropriate. Management should review the circumstances leading to regular overtime and should look for other means to alleviate situation.
6.8 Incentive & Reward Scheme:
Incentive:
Attendance Incentive: Workers who have worked on all days without any leaves being availed in any month will be eligible for an attendance incentive of TK. 200/- per month.
Special Incentive: Special incentives will be given for workers who have worked in the factory for five years or more without a break. These Long Service Awards will be as cash of the following denomination.
05 years - TK 1500/-
10 Years - TK 3000/-
15 Years - TK 5000/-
Rewarding: It is the process of linking performance with rewards. A strong link requires maximum effectiveness in planning and reviewing individual performance. Assessments results will influence:
Base pay increases;
Variable bonus decisions;
Promotions
Transfer and Secondment.
Punishments: As good performance is linked with rewards, poor performance is also subject to punishments.
BENEFITS:
7. Leave
7.1 Casual leave:
Every Worker is entitled to a casual leave with the full wages for ten (10) days in a calendar year and such leave is not to be accumulated and carried forward to the succeeding year.
7.2 Sick leave
Every Worker is entitled to sick leave with full wages for fourteen (14) days in a calendar year but no such leave will be allowed unless a registered practitioner appointed by the Employer, certifies that the Worker is ill and secure leave for cure or treatment for such period as may be specified by him. Such leave is not to be accumulated and carried forward to the succeeding year.
7.3 Annual Leave with wages
Every Worker who has completed a period of twelve (12) months continuous service in the establishment are allowed, during the subsequent period of twelve (12) months leave with wages calculated at a rate of one (1) day for every eighteen (18) days of work. Every Worker who is not an adult and who has completed a year of continuous service is allowed during the subsequent period of twelve (12) months leave with wages calculated at a rate of one (1) day for every fifteen (15) days of work. The period of leave includes any holiday which may occur during such period.
If a Worker does not, in any period of twelve (12) months, take the leave wholly or partly to which he is entitled, any such unavailed leave is added to the leave to be allowed to him, in the succeeding period of twelve (12) months. However, an adult and adolescent worker shall cease to earn any leave when the earned leave due to them amounts to forty (40) and sixty (60) days respectively. However, this limit does not include any leave refused upon application by a worker. Up to 50% of the unused annual leave can be en-cashed once in a year.
The employees who take annual paid leave must submit a request form for taking leave, and it has to be submitted to the general affairs department after obtaining the permission from one’s manager. If there is no permission, each leave taken will be regarded as an absence. A period of annual leave allowed shall be inclusive of any festival or weekly holidays which may occur during such period.
7.4 Festival/Public Holidays
Workers are generally granted festival/public holidays as specified in the Gazette issued by the Government of Bangladesh. Every Worker is allowed in a calendar year at least eleven (11) days of paid festival/public holidays. The dates of such festival/public holidays shall be fixed by the Employer in consultation with the Workers.
If a Worker is required to work on any festival/public holiday, two day’s additional compensatory holidays with full pay and a substitute holiday shall be provided to him/her.Unused festival/public holidays cannot be carried forward to succeeding years.
7.5 Maternity Leave
Female Workers, on application, shall be given a maternity leave of sixteen (16) weeks divided into eight (8) weeks prior to delivery and eight (8) weeks immediately following the day of delivery. Pregnant female Workers shall not be involved in any work of arduous nature during ten (10) weeks prior to and following the delivery provided the fact of pregnancy is brought to the attention of the Employer.
Pregnant female Workers are encouraged to notify their supervisor/manager as soon as the pregnancy is an established fact.
7.6 Procedure for leave
A Worker who desires to obtain leave of absence shall apply to the Employer for the same in writing stating his leave address therein. The Employer or his authorized officer
shall issue orders on the application within seven (7) days of the application or two (2) days prior to the commencement of leave which ever is earlier.
7.7 Payment of wages for unavailed leave
If the services of a Worker, to whom annual leave is due, is brought to an end as a result of retrenchment, discharge, removal, dismissal, termination or retirement or by reason of his resignation before he has availed of any such leave, the Employer shall pay his wages in lieu of the unaviled leave at the rate he is entitled to payment of wages during the period of leave.
7.8 Unauthorized absence or slow down
Notwithstanding anything contained elsewhere in this Manual, in case of an unauthorized absence from work or showing down of work by a group, the Employer ma discharge or dismiss some or all of such Workers or inflict such other punishment on them by notice posted on the notice board, after obtaining written permission from the BEPZA. Before giving such permission, BEPZA may endeavour to cause an amicable settlement of the point at issue.
8. Other facilities:
8.1 Welfare
Welfare of the Workers may be ensured in many ways.
First-aid appliance: Company shall provide and maintain, so as to be readily accessible during all working hours, first aid boxes or cupboards equipped with contents. The number of such boxes or cupboards shall be one (1) for every hundred and fifty Workers ordinarily employed in the Company. Notice shall be affixed in every workroom with the name of the person in charge of the first aid and cupboard. The First-aid shall be equipped with at least the following:
i) Sterilized dressings (small size)
ii) Sterilized dressings (Medium size)
iii) Sterilized dressings (Large size);
iv) Sterilized burn dressings:
v) One (one ounce) bottle containing 2% alcoholic solution of iodine or its substitute;
vi) One (one ounce) bottle containing rectified spirit;
vii) Analgesic tablets, ointment for burns & suitable surgical antiseptic solution;
viii) Roller bandages 4” wide.
ix) Roller bandage 2” wide;
x) Tourniquet;
xi) Suitable splints;
xii) One pair of scissors;
xiii) One packet of safety pins; and
xiv) A FIRST-AID leaflet.
Washing Facilities: Adequate and suitable facilities for washing and bathing shall be provided separately by the Company and maintained for the use of the Workers therein.
Toilets: There shall be provided and maintained in every Company a reasonable number of toilets.
Rest Room/Canteen:- In every factory of the Company there shall be a reasonable number of suitable rest room, where Workers can take rest or can eat their meals brought by them. In the event that the number of the Workers employed by the Employer exceeds 100, the Employer shall provide canteen facilities for the Workers. Rest room/Canteen must have adequate drinking water available for the Workers.
Rooms for children: Company shall also provide well ventilated, lighted rooms for children in the establishment. Those rooms shall be well furnished and adequately equipped there by suitable for both the mother and her child.
8.2 Maternity Benefit
Women Workers are entitled to the payment of maternity benefit for the period of eight (8) weeks preceding and eight (8) weeks immediately following the day of delivery. However, in order to be entitled, the woman has to work for a minimum period of six (6) months immediately prior to the date of delivery. The women Workers are not entitled to the benefit but to the leave only if she has two (2) or more children (who are alive) during her confinement.
She is required to serve a notice orally or in writing within eight (8) weeks prior to or seven (7) days following the delivery and shall have to therein nominate a person for purposes of receiving payment of maternity benefit in case of her death.
The maternity benefit is payable on the basis of daily, weekly, or monthly average basic wages. It is calculated by dividing the total basic wages earned by her during three (3) months immediately preceding the date of her notice by the number of days she actually worked there in.
In case the woman Worker dies before her delivery, she is entitled to the benefit up to the day of her death. However, where the woman dies during her delivery or next eight (8) months and leaving behind a surviving newborn, she is entitled to the benefit due.
A woman is not deprived of the maternity benefit in consequence of any notice or order served without sufficient cause which brings her employment to an end within six (6) months before and six (6) weeks following the delivery.
8.3 Provident Funds
Provident Fund may be created for the benefits of the Workers. However, the fund must be constituted if three-fourths of the total numbers of Workers demand so by way of an application in writing. In pursuance of such demand the Employer is to make rules for its constitution within six (6) months and the Fund has to commence its operation within that period. However, in order to be entitled to provident fund, an employee has to be a permanent Worker and complete one year of service.
Contribution to the Provident Fund by the employee is done by subscribing to the fund every month a sum not less than seven (7) per cent and not more than six (6) percent of his monthly basic wages unless mutually agreed otherwise. Such contribution shall commence only after completion of one (1) year of service by the Worker in the establishment. The Employer shall contribute an equal amount to the Provident Fund shall bear the cost of its maintenance. The fund shall be maintained by a Board of Trustee the members of which shall have the tenure of two (2) years.
The Employer shall establish and operate a Provident Fund for its Workers in accordance with ‘THE EPZ EMPLOYEES’ (CONTRIBUTORY) PROVIDENT FUND POLICY - 2012” that has been formulated by BEPZA in exercise of its powers conferred by section 3A of the BEPZA Act, 1980.
Any Worker, who is a member of any Provident Fund, shall still have the entitlement to the benefits thereto including Employer’s contribution even though his service is brought to an end by retrenchment, dismissal, removal, discharge, or termination.
8.4 Death benefit
If a Worker dies while in service after finishing probation period his nominee or in the absence of any nominee, his dependent(s) is entitled to getting wages which calculated at the rate of thirty (30) days basic wages X 12 months. Where the Worker dies while working in the establishment or following a workplace accident the benefit shall be calculated at the rate of forty five (45) days basic wages for every completed year of service or for any part thereof in excess of six (6) months. Provided that if such Worker is covered by any compulsory insurance scheme of this establishment, or if any compensation is payable for such death the Worker shall be entitled to whichever is higher.
8.5 Compensation for Injury by Accident
A Worker is entitled to compensation where he sustains personal injury in the course of his employment. However, compensation is not payable if the injury does not disable him totally or partly for a period not exceeding three (3) days. Besides, compensation is not payable where the injury is caused due to the influence of drugs or willful disobedience of order or willful removal of any safeguard or devices.
The amount of compensation with respect to permanent total disablement and permanent partial disablement shall be determined as per the Fifth Schedule of the Bangladesh Labour Act 2006, as amended from time to time. Where an injury is not specified in the legislation, the compensation is proportionate to the loss of earning capacity caused by permanent disablement.
In case of more than one injuries are inflicted by the same accident, the amount of compensation is to be added but not to exceed the amount payable in case of permanent total disablement.
In case of cessation of disablement before the date on which any monthly payment is due, the payment is equivalent to a sum proportionate to the duration of disablement.
The monthly payment may also be paid as a lump sum amount subject to such understanding between the parties or such lump sum amount as determined by the court subject to the application made by either of the parties.
8.6 Time limit of final payment of Worker
Where the employment of a Worker has been ceased due to a retirement, discharge, retrenchment, dismissal, termination etc. all amounts due to him shall be paid before the expiry of the seventh working day from the date of the cessation of employment.
8.7 Certificate of service
Every Worker who passed probation period is entitled to a certificate of service from the Employer at the time of his retirement, discharge, retrenchment, dismissal, termination, removal etc., if he requests for such a certificate. The Worker cannot, however, dictate the content of the certificate.
8.8 Medical insurance scheme:
Policy:
TS-TECH Group has established life & personal accident insurance scheme to provide 24-hour medical coverage on death and some other specific injury due to accident to workers and staff on a non-contributory basis (Insurance premium paid by the company). The scheme has been arranged with a local Insurance Company through Bangladesh Garments Manufacturers and Exporters Association (BGMEA).
Documentary Evidence:
The insurance company reserves the right to ask documentary evidence for death cases and / or other injury and the personal information of the concern worker / staff.
Eligibility:
A full time permanent worker aged below 58 is eligible to join the insurance scheme. In case of death, a worker entitled tk. 100,000 while amount differs from different injury that depends upon agreement made between TS-TECH Group and the insurance company through BGMEA.
Medical check-up:
Workers and their dependents are entitled to regular and general medical care at the cost of the Employer. However, the manner and extent of the treatment shall be solely determined by the Employer at their full discretion. In TS-TECH Group Eligible workers / staff will be provided with a medical check-up arranged by the appointed doctors or medical service providers of every one or two years. Dependents include the wife or husband of the Worker, sons and daughters under the age of 18 and parents if they are dependent on him.
Compulsory Group Insurance: Welfare of the Workers also includes the availability of compulsory group insurance as introduced by the Government.
HEALTH & SAFETY:
9. Occupational Health
TS-TECH Group is committed to achieving a high standard of occupational safety and health. It will adhere to the principle that occupational safety and health of workers should be given the first and foremost consideration at work.
Considering health and hygiene of the Workers, cleanliness of the workplace has to be maintained. This means the workplace must be kept free from dirt, drain and other nuisance. Cleanliness has to be maintained by way of washing or any effective method regularly. The Employer shall paint and varnish the workplace regularly preferably once in every three (3) years and white wash the same preferably in every fourteen (14) months.
Effective ventilation is maintained for circulation of fresh air and optimum temperature will be ensured for the comfort of Workers. Where artificial humidification is done, the water used for that purpose has to be from a public or pure source. In addition, sufficient and suitable lightning whether natural or artificial will be ensured.
It is necessary to take effective measure to prevent the accumulation of dust and fume which may be injurious to the health of Workers which may take place from the operation of any stationary internal combustion engine. The measure includes the use of any exhaust appliance which may be necessary for this purpose. Besides, there shall be effective arrangement for the disposal of wastes and effluents produced and adequate numbers of dust beans and spittoons shall be maintained at convenient places in clean condition.
Furthermore, sufficient supply of drinking water shall be provided at suitable points marked clearly as such. In order to ensure hygienic environment at the workplace adequate number of well ventilated and lighted latrines and urinals maintained in a clean condition will be provided at suitable places separately for male and female Workers. Moreover, it is also necessary to ensure that the workplace is not overcrowded to be injurious to the health of the Workers.
At the same time, the Workers must not pollute the environment of the workplace in any manner whatsoever. They shall use the bin, baskets etc. for disposal of waste. They shall also keep the latrines and urinals clear after their use. They must give their full effort to keep and maintain the workplace safe and free from dust, fume, dirt and pollution.
10. Fire & smoke safety:
10.1 Safety Requirements
All workers are to be provided with personal protective equipment (PPE) based on their job specifications. Given below is a concise list of PPE to be provided.
Rubber Gloves
Meshed metal gloves
Eye guard
Needle guard
Ear plugs
Dust masks
Labels tagging gun
Rubber mats
Safety ladder
Pulley guard
As far as safety of Workers is concerned, precautions will be taken in case of any possible incident of fire. Accordingly, the Employer shall strive to keep at least one alternative connecting stairway in each floor along with fire-fighting apparatus. The exit doors shall not be kept locked and shall be distinctively marked in red letters. Workers shall be trained and made familiar with the means of escape in case of fire. The Employer shall also maintain an effective mean of warning system which should be audible to everyone. Furthermore, the Employer shall hold a mock fire fighting every year and maintain a record thereof the participation in which is strictly compulsory. The Workers are strongly advised to always remember the instructions and follow the same in case of any real fire.
Besides, for the safety of the Workers all floors, stairs and means of access shall be provided with handrails and maintained properly as to be clean, wide and clear of any obstruction. For their personal safety, Workers should not enter or be permitted to enter in any confined space where dangerous fumes are likely to be present. Suitable breathing and reviving apparatus along with belts and ropes should be accessible for instant use. The Employer shall examine those apparatus periodically and Workers will be trained and practiced as to their uses.
A Worker is required to inform the Employer about the dangerous state of any building or machine likely to cause any injury in writing. The Worker is entitled to compensation at a rate double of the compensation payable if the Employer fails to take appropriate action and any injury occurs.
WORKPLACE PRINCIPLES
The Employer seeks to provide a work environment in which everyone is treated fairly and with respect.
11. Non-Harassment and Sexual Harassment
It is the policy of the Employer to ensure a workplace, free from tensions involving matters like sexual harassment that do not relate to Company business. Sexual harassment may be constituted by any unwelcome sexual behavior whether implied or express. A non-exclusive list of misconducts is given below:
Unnecessary/Unwanted physical, verbal, contact and advances including sexual gestures, insulting comments, brushing against body.
Displaying offensive material like showing pornography, cartoons, bitmaps, sexually oriented pictures.
Offensive Jokes, Stalking, teasing.
Express or implied request for sexual favors in exchange for actual or promised job benefits.
Any other sufficiently severe incident where the harasser has direct influence over the complainant.
11.1 Harassment Complaints Procedure
Workers who observe, learn, or are subjected to harassment of any kind, are responsible to immediately to report the conduct to their Supervisor for prompt investigation. They can avail either of an informal or formal complaint mechanism. Company shall create a Sexual Harassment Complaint Committee (SHCC) within thirty days (30) of this manual coming into effect. The said Committee shall consists of five (5) persons of whom two persons shall be women including the Chairperson. Membership to the SHCC shall be for a period of one year.
A. Informal complaints mechanism
Any Worker seeking informal support to stop unwelcome behavior can have recourse to Informal Complaints by approaching their respective ‘First Contact Officer’ (FCO) appointed by SHCC. FCO shall address complaints of sexual harassment in a fair manner prescribed by the said committee and try to resolve the issue informally. But if the complaint is of serious nature the complainant/FCO shall refer the matter to the complaints committee.
Retaliation against individuals who report such violations of policy, or against those who provide information in an investigation of such violations, is also a violation of policy. The Company will act promptly and vigorously to take corrective action and appropriate disciplinary measure with respect to any harassment or retaliation, up to and including termination/dismissal.
B. Formal complaints mechanism
A Worker or the FCO shall register formal complaints in writing or orally by contacting any one of the members of the SHCC. Investigations will be conducted in as discreet and confidential manner as is practicable including private interview with the complainant and the alleged harasser. In the course of investigation principal of natural justice are adhere to and the parties are given opportunity to be heard along with producing relevant documents. Upon completion of the investigation, the parties are informed of the outcome of the investigation. Complaints are heard and finally determined within thirty days and a report of the findings and the recommendation are also completed during this period.
Where on a balance of probability it is revealed that the harassment has occurred, an appropriate course of action is required. In case of non occurrence of harassment actions like workplace mediation or education may be recommended.
In case a conduct complained of amounts to an offence under the Penal Code or any other law of Bangladesh, the said committee shall take appropriate action to convey the complaint to the appropriate authority.
12 Conflict resolutions
Managers have a responsibility to make themselves available to Workers who may wish to raise concerns in confidence and to deal with such situations in an impartial and sensitive manner. Supervisor/Managers should endeavor to create an atmosphere in which Workers feel free to use, without fear of reprisal, the existing institutional channels for conflict resolution, and to express concerns about situations which are, or have the potential to be, conflictive.
In the event that the conflict or disagreement cannot be resolved in the above mentioned manner and also in case of any general disagreement on any common issue between the Employer and the Workers, the matter may be referred to BEPZA. In such an event BEPZA may appoint an officer, not below the rank of a Deputy Secretary or equivalent to act as an Arbitrator or conciliator for settlement of such an outstanding issue.
13 Drug free workplace
The Employer must maintain a healthy and productive work environment. Misusing controlled or illegal substances or selling, manufacturing, distributing, possessing, using or being under the influence of illegal drugs in the workplace or while performing work-related duties are prohibited.
14 Investigations
The Workers are required to cooperate fully with any appropriately authorized internal or external investigations, including but not limited to those involving ethical issues or complaints of discrimination or harassment. The Worker should never withhold, tamper with or fail to communicate relevant information. Making false statements to or otherwise misleading internal or external auditors, counsel, TS-TECH Group representatives or regulators may be grounds for immediate termination of employment or other relationship with TS-TECH Group and may be a criminal act that can result into severe penalties.
ETHICAL AND LEGAL RESPONSIBILITIES:
15 Conducts within TS-TECH Group
As a worker, it is critical that he is committed to and follow some ethical guidelines:
I. Responsibility to Self.
A. Act with integrity; be authentic and true to self.
B. Strive continually for self-knowledge and personal growth.
C. Recognize personal needs and desires and, when they conflict with other
Responsibilities seek all –win resolutions of those conflicts.
D. Assert own economic and financial interest in ways that are fair and equitable to self as well as to others.
II. Responsibility for Professional Development and Competence
A. Accept responsibility for the consequences of acts and make reasonable
efforts to ensure that services are properly used.
B. Strive to achieve and maintain a professional level of competence for both
self and profession by developing the full range of own competence and
by establishing collegial and cooperative relations with fellow workers.
C. Recognize own personal needs and desires and deal with them responsibly
in the performance of professional roles.
D. Practice within the limits of own competences, culture and experience in
providing services and using techniques.
III. Responsibility to Others
A. Serve the long term well-being, interest and development of the client system and all its stake holders, even when the work being done has a short term focus.
B. Conduct any activity, program or relationship in ways that are honest, responsible, and appropriately open.
C. Establish mutual agreement on a contract covering services and remuneration.
D. Deal with conflicts constructively and avoid conflicts of interest as much as possible.
E. Define and protect the confidentiality.
IV. Responsibility to the Profession
A. Contribute to continuing professional development for self, other practitioners and the profession.
B. Promote the sharing of knowledge and skill.
C. Work with other workers in ways that extremely what our profession says we stand for.
D. Work actively for ethical practice by individuals and organizations engaged in similar activities and in, case of questionable practice, use appropriate channels for dealing with it.
E. Act in ways that bring credit to the profession and with due regards for fellow workers in other professions.
V. Social Responsibility
A. Act with sensitivity to the fact that one’s recommendation and actions may alter the lives and well-being of people within client systems and the larger systems of which they are subsystem.
B. Act with awareness of the cultural filters which affect one’s view and respect cultures different from his own and be sensitive to cross-cultural and multicultural differences and their implications.
C. Promote justice and serve the well being of all.
16 Proprietary and Confidential Information
While working for TS-TECH Group and continuing after the Worker ceases his employment or association with TS-TECH Group, he must protect the confidentiality of nonpublic information they obtain or create in connection with his activities for the Company. The Worker may not bring to TS-TECH Group confidential information of any former Employer, or use such information to aid the business of TS-TECH Group without the prior consent of his former Employer. The Worker must not disclose proprietary or confidential information about TS-TECH group or its employees, or confidential information about any customer, vendor or distributor, to anyone (including other TS-TECH Group personnel) who is not authorized to receive it or has no need to know the information. There may be exceptions, including when such disclosure is authorized by the employee, customer, vendor or distributor, or by applicable law (e.g., to supervisory regulators), appropriate legal process or appropriate authorities of TS-TECH Group. The scope and extent of the obligation covers information contained in documents.
17 Disciplinary Procedure:
Unsatisfactory job performance, failure to comply with TS-TECH Group’s policies and procedures or any other breaches of terms of employment, or any proscribing act or omission may result into the onset of disciplinary procedure.
17.1 Minor misconduct
For minor misconducts, a meeting may be held between the concerned Worker and the concerned committee to resolve the problem as soon as possible after it occurs. In some cases proper documentation may be required and the concern committee may issue a letter of advice to concerned worker for her/his minor misconduct.
Consequences of Minor Misconduct
After found guilty of minor misconduct but not deemed grounds for termination of employment/dismissal, the Worker shall be subject to anyone or more of the following actions:
i) For first time minor violation, an advice letter will be issued describing the offence and/or that performance should improve over a specified period;
ii) On any further violation, or in case of lack of improvement over specified period of time, the Worker shall be issued a ‘first warning letter’;
iii) In case of further commission of minor Misconduct after issuance of the first warning letter, second warning letter may be issued.
Usually the advice and warning letter will be issued by the HR or in case there is any specified investigation committee, by the committee.
A copy of received advice/warning letter or postal registered receipt should be kept in a separate file for future reference use.
Worker shall have the right of reply or explanation of any of the above actions within 7 working days of receipt of it.
17.2 Misconduct
Disciplinary Procedure shall be commenced against a Worker who is alleged to have committed misconduct (other than minor misconduct as discussed above). A non-exclusive list of misconducts is given below:
• Willful insubordination or disobedience, whether alone or in combination with others, to any lawful or reasonable decision of the superior, the Company or the normal practice;
• Theft, fraud or dishonesty with other employees/workers, stakeholder or in connection with the business or property of the Company;
• Causing damage to any property of the Company;
• Taking or giving bribes or any illegal gratification in connection with her/his employment.
• Habitual absence without having any prior written/e-mail communication for more than 10 (ten) continuous working days; for medical ground it can be considered.
Habitual late attendance
Habitual negligent or negligence of work.
Habitual breach of any law or rule of employment.
Riotous, indecent or disorderly behavior, drunkenness or fighting.
Damaging or causing loss to Employer’s official records.
Sexual Harassment.
Willful absenteeism or absence from work singly or with others;
Taking part in or suspected or being engages in subversive activities either alone or with others;
Collecting or canvassing or the collection of any money within the premises of the enterprise/company factory for any purposes not approved by the employer.
Smoking within the premises of the company or enterprise/factory where it is prohibited;
Distribution or exhibition within the boundaries of the premises of the Company/factory of any hand bill, pamphlets or poster without the previous permission of the competent authority.
Holding meeting within the boundaries of the premises of the Company/factory without sanction of the employer;
Gambling within the boundaries of the premises of the Company/factory;
Habitual indiscipline;
Leaving work without permission.
Sleeping while on duty;
Theft of any kind inside the premises of the factory/company or within the zone.
Giving false information regarding name, age, qualifications, previous service etc;
Carrying on money lending or any other private business, within the premises of the factory/company.
Sabotage or wastage caused to materials & stores of the Company/factory.
Malingering and slowing down work either alone or in collaboration with others;
Conviction in any court of law for any criminal offence.
Improper use or non-use of protective clothing, uniforms (if any) while on duty;
Other acts or omissions which cannot be termed as ‘minor’ either because of the gravity and extent of the violation or because of the very nature of the violation including any violation of any of the provisions of this HR Manual or of the law of the land.
17.3 Punishments for misconduct
The following are the punishments which may be imposed by the Employer upon a Worker if he is found guilty of committing misconduct upon completion of proper disciplinary proceedings-
a) Censure;
b) Stoppage of increment or promotion on grounds of inefficiency, irregular attendance and misbehavior;
c) Recovery from the pay of the employee of the whole or part of a pay to defray any pecuniary loss caused to the company/enterprise by negligence, default or breach of orders or of contract on the part of the employee;
d) Reduction in rank;
e) Dismissal from service
If the employee concerned remains under suspension during the period of the enquiry, he will be entitled to subsistence allowance for the period of suspension equivalent to half of his average basic wages and full amount of house rent allowance and medical allowance. In the enquiry if he is found not guilty of the charges he shall be entitled to the rest of the amount of his pay for the period of suspension.
Disciplinary Procedure
17.4 Show Cause/Explanation
Any complain against any Worker shall be made in writing addressed to the Compliance Officer or HR. Upon receipt of a written complaint, the concerned authority will frame a charge sheet specifying the charges brought against the Worker and issue a show cause notice to the concerned worker mentioning the charge and the time frame (of seven working days) for submission of written explanation to the authority as to why disciplinary action should not be taken against her/him for misconduct.
17.5 Suspension pending Inquiry
Any Worker charged for misconduct may be suspended pending inquiry into the charge against her/him and unless the matter is pending before any court, the period of such suspension shall not be more than 60 days.
The order of such suspension shall be issued in writing and shall be in effect immediately on delivery to the concerned member. During the period of suspension, the Worker is entitled to subsistence allowance which is equal to half of his average basic wages and full amount of house rent allowance and medical allowance.
17.6 Board of Inquiry
The employer shall appoint an Enquiry officer/committee to hold an enquiry. The employer may nominate any person/officer to present the case in support of the charge sheet before the Enquiry officer/Committee.
17.7 The hearing
The Enquiry officer/Committee shall follow the following course of actions while conducting enquiry/hearing against any accused Worker.
a) The Enquiry Officer/Committee shall issue a notice asking the accused to appear before the Enquiry Officer/Committee at a particular place stating the specific time of appearance with all documentary evidence and witnesses if any with a copy to the nominee of the employer who will present the case in support of the charge sheet before the Enquiry Officer/Committee.
b) The accused shall be entitled to cross examine the witnesses against him and he should be allowed to present witnesses in his defense.
c) The Enquiry Officer/Committee shall record the statement of the accused and witnesses of both sides and shall obtain signature of all the witnesses in their respective statements duly read over to them in the language they understand. If the accused so agrees, his signature should be obtained in the statements of all witnesses to keep a record that the evidence of all the witnesses were taken in his presence. If the accused refuses to sign the statement at the time of enquiry, this fact should also be recorded and signed by other witnesses and the Enquiry Officer/ Committee.
17.8 The outcome of the hearing/decision of punishment
If the accused Worker admits the charge against him the Enquiry Officer/Committee will record ‘Pleads Guilty’ and thereafter shall give his/ its findings. If the accused pleads “not guilty” then all witnesses in support of the charge sheet will be examined individually in presence of the accused. No witness shall be allowed to be present during the examination of another witness.
If the accused, after being duly informed, absents himself from the enquiry without proper reason or permission, the enquiry shall proceed ex parte. The enquiry shall be confined to the charges and no irrelevant evidence shall be admitted by the Enquiry Officer/Committee.
The Enquiry Officer/Committee shall submit his/its report to the employer with his/its findings. The Employer, having regard to the findings on the charges, shall pass appropriate orders.
HUMAN RESOURCE MANAGEMENT PLAN:
18 Manpower plan & control:
In order to optimize human resources utilization and to maintain cost effectiveness, stringent manpower control should be exercised. Recruitment should only be carried out in accordance with the bases of operational needs and approved manpower plan. Whenever a worker / staff leave, the Head of Plant / Department should asses the manpower of his Division / Department to see if a replacement is necessary. Where a replacement is required, internal transfer or promotion should be considered before pursuing external recruitment.
19 Recruitment:
The purpose of recruitment of TS-TECH Group is to acquire, in a cost effective manner, the optimum number of high quality workers / staff for the operation and development of TS-TECH Group. The following guidelines seek to ensure transparency and fairness throughout the recruitment process and maximize the diversity of applicants.
19.1 Selection committee:
The selection committee shall consist of a minimum of 4 members for the position of workers / staff.
1. The Plant Head – Chairman of the committee
2. The Manager / In charge - Representative of the section / department;
3. The Manager or his representative - Representative from Admin, HR & Compliance;
4. The Factory Doctor – for legal age verification as well as physical fitness test
19.2 Sourcing methods:
Advertising the post; and / or
Internal candidates.
19.3 Selection criterion
Technical, professional qualifications and relevant work experience;
Personal qualities, competencies, past performance, interpersonal skills and personal integrity.
19.4 Offer Grade, Fixation of Salary/wage and approvals:
Grade should offer as minimum as possible against Government declared minimum wage and salary/wage should be according to grade and / or shall be negotiated and set on an individual basis.
20. Transfer:
20.1 Purpose:
Internal transfer is encouraged by TS-TECH Group as it gives workers / staff opportunities to widen their exposure and pursue development in other streams within TS-TECH Group. It is also enables Group to deploy workers / staff to areas where they can best contribute to and meet the manpower requirement and planning of TS-TECH Group.
20.2 Policy:
It is the policy of TS-TECH Group to consider internal transfer for existing workers / staff whenever a suitable job opportunity arises. All things being equal, preference will be given to internal candidates so that workers / staff are provided with opportunities to widen their exposure and further their career development within TS-TECH group.
All workers / staff should have equal opportunities for transfer. It should be non discriminatory and based on job related factors. Age, sex, marital status, family status, race, nationality or religion should not be consideration for transfer.
Workers / staff may be transferred from one post to another or from one Division / Department to another or from one factory to another for career development for operational / structural reasons.
Transfer can only be successful if agreed by the releasing and the recruiting Heads of Plant / Department.
In principle, no probationary period is necessary for transfer. As one of the main reasons for transfer is career development, and effectively utilizes the manpower without recruiting.
21 Promotions:
21.1Purpose:
TS-TECH Group aims to provide career advancement opportunities for workers / staff to develop and utilize their potential whenever possible, while at the same time recognizing their outstanding performance.
21.2 Policy:
It is in the interest of both the company and the individual that workers / staff be encouraged to seek and gain advancement within the company. The management reserves the right to appoint the most suitable person to any particular post, whether an internal candidate or external one, it is the company’s policy to promote from within whenever and wherever possible.
The basic principles of promotion in TS-TECH Group are equal opportunities, non-discriminatory and the best person for the job. Selection for promotion should be based on merit with due consideration of the following factors:
Job knowledge and technical know-how;
Competence and potential;
Performance and quality of work
Honesty, integrity, and commitment to work;
Working attitude and interpersonal skills; and
Personal attributes and tact.
Age, sex, marital status, family status, disability, race, nationality or religion should not be the consideration for promotion.
22 Performance Developments:
22.1 Purpose:
TS-TECH Group has developed a Performance Development Process which aims at:
Driving TS-TECH Group to become a high performance and commercially focused organization;
Encourage employees to think about and communicate their performance objectives / targets
Helping staff to continue self value-adding;
Tracking & rewarding high performers.
22.2 Performance Development Process:
Workers / staff at all levels of the organization will work towards achieving TS-TECH group’s objective and financial success;
Managers effectively communicative division/department objectives to workers / staff;
Workers/staff learn how to set their performance objectives in direct support of division/department objectives;
TRAINING AND DEVELOPMENT:
23. Training & Development guidelines:
23.1Purpose:
The main objective of training and development in TS-TECH Group is to help develop key competencies which enable individuals to perform current or future jobs successfully. In this regard all training and development programs organized by the Compliance, Factory HR & Legal Affairs Department will be geared towards the following objectives:
Strengthening the job skills/knowledge of employees;
Improving operational efficiency and productivity; and / or
Developing the potential of employees for maximizing mutual benefit to individuals and TS-TECH group.
23.2 Policy:
The basic policy in administering and implementing any type of training or development activity is in accordance with the strategic business objectives of TS-TECH Group. The Compliance, Factory HR & Legal Affairs Department will work closely with Heads of Plant/ Department in assessing areas that need training and development support.
23.3 Types of Training/Development Activities:
Worker/staff training/development activities can be employer or employee initiated;
Employer initiated programs may take the form of offering sponsorship for workers / staff to attend external programs or organizing such program in-house;
Depending on the nature of needs and operational requirements, training/development programs may also be implemented as job induction, on-the-job coaching, counseling, individual or group projects.
24 Staff relations and communications:
Purpose:
TS-TECH group encourages open and candid two-way communications between workers / staffs at all levels. It believes that effective communication helps to build mutual understanding and trust and contributes to a constructive and cheerful working environment, high performance and organizational success. Therefore, effective communication is essential as far as relationship between workers/staffs is concerned. TS-TECH Group is committed to:
build and maintain harmonious relationships, and to strengthen communication and understanding among workers /staffs of different divisions/departments;
cultivate a sense of belonging; and
enhance the morale of employees
24.2 Policy:
All workers / staffs are required to support the communication initiatives implemented by TS-TECH Group;
All workers / staff have rights and obligations to express their views to their superiors about TS-TECH Group’s activities and vice versa;
Views raised by workers / staff should be well respected, listened and considered carefully;
Questions raised by workers / staffs should be attended to by the management in an effective and efficient manner and be treated in strict confidence;
Suggestions regarding improvement of communication and staff relations in TS-TECH Group are most welcome.
25. Apprenticeship
An apprenticeship program may be introduced and operated in establishment at the cost of the Employer. The program shall be in conformity with the provisions of the concerned law of the land. An apprentice requires learning his/her trades diligently, attend related trainings and carry out lawful order of the Employer. It is also necessary for him/her to take part in examinations. The Employer shall pay to the apprentice an allowance during the period of his/her training.
26. Grievance Policy: TS-TECH Group’s policy is that workers should
be provided a fair treatment on their grievances by the management of the Company;
be given a fair hearing concerning any grievances;
have the right to communicate their grievances to the concerned officials and
have the right to appeal against a decision made by the concerned official. The aim of this policy is to establish a proper channel for workers to voice out their grievances and to settle grievances.
Worker’s grievances may include but are not limited to management deficiency, unfair treatment to staff, sexual harassment and concerns about possible improprieties in financial reporting or internal control. Regardless of the issues and/or individuals involved, no one shall suffer retaliation for involvement in worker grievances. All grievances shall be handled independently and treated in strictest confidence. Grievances which are made anonymously shall not be handled.
26.1 Grievance procedure
Any Worker including a Worker who has been laid-off, retrenched, discharged, dismissed, removed or otherwise removed from employment, and having grievance in respect of any matter related to terms of employment may seek redress thereof, by submitting his grievance to his Employer, in writing, within thirty (30) days of being informed of the cause of such grievance. Upon receipt of such grievance petition, the Employer shall give its best effort to properly address the concern of the employee and redress the same within 15 (fifteen) days.
If the Employer fails to give a decision or if the Worker is dissatisfied with such decision, he may make a representation to BEPZA within 30 days from the last date of the decision with which he is dissatisfied.
On receipt of the said representation the Executive Chairman of the BEPZA may constitute a Committee of Enquiry with one or more officer of the BEPZA, not below the rank of a Deputy General Manager or equivalent, who will enquire into matter giving due hearing to the parties concerned and submit the report to the Executive Chairman of BEPZA or to an officer designated by the Chairman for this purpose.
In deciding the matter, the Chairman or such designated officer may pass such orders as he may deem just and proper.
MISCELLANEOUS:
27. Child Labour
The Employer shall not in any circumstance allow any child to work for the Employer, even within the permitted scope. The Employer shall maintain and observe a 100% child labour free workplace.
Generally, adolescent are not employed even as an apprentice or in any vocational training. However, they may only be employed if granted a certificate of fitness by a registered medical practitioner upon application. The application is accompanied by a document signed by the Employer to the fact that the person is to be applied if certified as fit.
In case of any dispute as to the age of the adolescent it is referred to a registered medical practitioner. Where an adolescent works at any machine which is declared as dangerous by the government, he is made fully aware of the dangers connected to it and also of the necessary precautions. Alternatively, the adolescent is supervised by a person having sound knowledge and experience about the machines.
Where adolescents are employed, notice specifying the period of work is adequately displayed. Adolescents are not allowed to work for more than five (5) hours in a day (not between the hours 7PM and 7 AM) and thirty (30) hours in any week. In case of overtime, the total number of hours worked including overtime does not exceed thirty six (36) hours in any week.
28 Obligations of Workers:
The Workers are not to interfere willfully with or misuse any appliance, convenience or other thing provided in the establishment for the purpose of securing the health, safety or welfare of the Workers. The Workers are not to willfully and without reasonable cause do anything which is likely to endanger himself or other. They are not to neglect to make use of any appliance or other things provided in the establishment for the purpose of securing the health or safety of the Worker.
29 Conduct towards female Workers:
No one in the establishment is allowed to behave in a way which may be indecent or repugnant to the modesty or honor of any female Worker employed irrespective of her rank or status.
30 Lay-off
Whenever a Worker (other than a badli or casual worker) whose name is borne on the muster-rolls of an establishment and who has completed not less than one year of continuous service under the employer is laid-off, s/he shall be paid compensation by the employer, for all days during which he is so laid-off, except for such weekly holidays, as may intervene, compensation which shall be equal to half of the total of the basic wages and dearness allowance, and the full amount of housing allowance, if any, that would have been payable to him had he not been so laid-off.
No Worker shall, unless there is an agreement to the contrary between the worker and the employer, be entitled to the payment of compensation in the manner aforesaid for more than 45 (forty-five) days during any calendar year.
However, if during a calendar year a Worker is laid-off for more than 45 (forty-five) days, whether continuously or intermittently, and the lay off after the expiry of the first 45 (forty-five) days comprises period or periods of fifteen days or more, the worker shall, unless there is an agreement to the contrary between the worker and the employer, be paid compensation for all the days comprised in every subsequent period of lay-off for fifteen days or more, compensation which shall be equal to one-fourth of the total of the basic wages and dearness allowance and the full amount of housing allowance, if any, that would have been payable to him had he not been so laid-off.
In any case where, during a calendar year, a worker is to be laid off after the first forty-five days as aforesaid, for any continuous period of fifteen days or more, the employer may, instead o laying- off such a worker, retrench him/her.
Workers shall not be entitled to compensation in the following cases:
a) If he refuses to accept, on the same wages, any alternative employment not requiring any special skill or previous experience, in the same shop or the commercial or industrial establishment from which he has been laid-off, or in any other company belonging to the same employer and situated within a radius of five miles from the company;
b) If he does not present himself for work at the company at the appointed time during normal working hours at least once a day if so required to the employer : or
c) If such lay-off is due to unauthorized absence from work by workers in another part of the company.
Stoppage of Work
The Employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epidemics, civil commotion, or any other cause, cause beyond his control, stop any section or sections of the establishment, wholly or partly for such period.
A Worker who has not less than one (1) year of continuous service under his employer may be laid-off in case o his stoppage of work, but s/he shall be paid compensation for all days during which he is so laid-off at the rate of half of his basic pay including full amount of house rent and medical allowance, if any, provided that no Worker shall be entitled to the payment of such compensation for more than 45 (forty-five) days, unless there is an agreement between the parties. After 45 (forty-five) days of ‘lay-off’, if there is no agreement, the Workers may be retrenched by giving them 30 (thirty) days’ basic payment as notice pay and compensation at the rate of one month’s basic pay for every completed year of service or for any part thereof in excess of six months if the stoppage of work so continues after 45 days.
31. Trade Unions
Workers have right to form trade union to regulate relationship between themselves and Employers as per the provisions of the EPZ Workers’ Welfare Association and Industrial Relations Act, 2010.
32. Query:
The Workers are strongly advised to follow the Manual without any kind of deviation. Any query under the Manual shall be directed to the Human Resources Department of the Employer.