S/O
DATE
DESCRIPTION
Revision
1
25th January, 2023
1st ISSUED
0.0
INTRODUCTION
1-1 This Labor Regulations of the company sets our terms and conditions to help you (the “Employee”) learn more about SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices). Its sole purpose is to summarize the Dhaka Branch office’s personal policies and procedures and to set forth facts that will be useful to know throughout your employment here.
1-2 We suggest that you familiarize yourself with the contents of this Labor Regulations and keep it available for reference when you have any questions. If SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) revises any of the provisions in this Labor Regulations, you may expect to receive a copy of such revisions. SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) retains the right to revise or modify any policies or procedures in the Labor Regulations without advance notice and at its sole discretion.
1-3 We cannot anticipate every circumstance or answer every question, so the management will address situations that are not covered in this Labor Regulations on a case-to-case basis. Do feel free to approach the HR Representatives and Management if you have any questions, comments or concerns.
1-4 This Labor Regulations is the property of SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) and shall be applicable to all employees under the employment. Please do not make copies or circulate without prior approval from the management.
WORKING HOURS
2-1 Working Hours
General working hour (Saturday-Thursday): 8:00 AM to 5:00 PM
Weekly Holiday: Friday
*SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) reserves the right to revise the above time by giving prior notice to Employees.
2-2 Recording The Time
All employees including management are required to maintain an accurate record of all time worked with the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) by working form format or established recording system of the company. Employees will be responsible for recording the own hours at the beginning and end of work shift, for meal breaks, and when employees enter and leave the office for personal reasons.
Working time record form in-out is one of the important types of evidence for calculation of wage, overtime pay and holiday work pay. Therefore, the working time record form is the duty and responsibility of employees to show the good faith by recording the working time form by own self. All employees must record both start working and return on the working time form arranged by the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) by own self.
Recording the working time form by following any dishonest way for or by others will be deemed dishonesty and will be considered for serious disciplinary penalty action, inclusive the dismissal of both employees.
The Employee is required to record the times of arriving and leaving office on the prescribed attendance record sheet every day and submit the same to the Employer on a monthly basis. The Employee is required to submit the duly approved time sheet at the latest by the 1st of each following month for computation of the monthly salary. “NO Attendance Sheet – NO Approval – NO Salary” policy can be applied.
2-3 Punctuality
The Management expects all the employees to be at work on time mentioned by management and considers punctuality to be one of the most important disciplines for the employees to observe strictly.
2-4 Attendance and Absenteeism
Attendance is a key factor in your job performance. Regular absenteeism from work is unacceptable as it affects the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) operations. Excessive absences (whether excused or unexcused), tardiness or leaving early is unacceptable. If you are absent for any instant unavoidable reason or plan to arrive late or leave early, you must notify your supervisor/reporting person and the Accounts/Administration department as far in advance as possible and no later than the start of office start working hour.
2-5 Lunch Break
One (1) hour between 12:00 PM to 01:00 PM. Due to the preference of the completion of work, lunch time will start after the completion of job.
2-6 Overtime
From time to time, it may be necessary for you to work on altered work schedules, which may include evening, weekends, and gazette public holidays according to the Bangladesh Labour Act, 2006 amended in 2013 & 2018 and the Bangladesh Labor Rules, 2015 amended in 2022. If the occasion arises that you will be required to work on an altered work schedule, you will be given as much advance notice as possible. All overtime work must be pre-authorized by your supervisor or the Management.
RECRUITMENT OF NEW EMPLOYEES
3-1 New Employment
The Dhaka Branch office shall evaluate, select and employ, at its own discretion, those people(s) who meet the requirements and selection criteria of the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) and he/she shall be appointed for 1(One) year initially. New Employees shall submit the following documents within one (1) week from the date of joining for registration.
Copy of National Identity Card or Copy of Passport;
Appointment Letter which is signed by Employee;
Documents in favor of present & permanent address;
Any other documents required by the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices).
Any change, in information & details as contained in the above mentioned and other documents shall be immediately reported by the Employees without delay to his/her supervisor.
3-2 Probationary Period
Probation period shall be 3 (Three) months from the joining date. However, the period of probation may be extended for an additional period of 3 (Three) months by giving prior notice if, for any circumstances, it has not been possible to determine the quality of your work within the first 3 (Three) months’ period of probation.
During the probationary period, SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) may terminate the employment by giving no any prior notice.
3-3 Transfer
The SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) shall have the right to transfer you to work in any section and/or department at any time during the term of employment. Such a transfer does not entail a change to the determent of your terms of employment unless caused by negative performance appraisal.
REMUNERATION
4-1 Payroll Date
Generally, all employees shall be paid their monthly salaries on the last date of current month and the salary period shall be calculated from 26th to 25th of the month. Your monthly salary shall be paid by Bank transfer through SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices)’s bank account.
4-2 Overtime Payment
Overtime works must be requested and approved by Head of Department or in-charge. All overtime claims must be recorded on a staff attendance sheet and verified by Head of Department or authorized Manager on the same day or the next working day.
Overtime calculation is based on the basic salary of the Employee excluding allowances. Total working hours must not exceed a total of 60 hours per week including overtime hours.
The approved overtime allowance of the Employee of a particular month shall be paid with the following month’s salary through bank transfer directly to the Employee’s assigned bank account. In case of overtime calculation, company will follow the Bangladesh Labor Act 2006 amended in 2013 & 2018 and the Bangladesh Labour Rules 2015 amended in 2022.
4-3 Deduction
SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) will deduct Income Taxes of the Employee from monthly salary as per Income Tax Ordinance 1984, Employee’s contribution to the Provident Fund (if applicable), Employee’s contribution to the Welfare Fund (if applicable), Installment of Loans and Advances (where necessary), any fine imposed on the Employee, deductions for unauthorized absence from duty, deductions for damage to or loss of any goods given under the custody of the Employee etc. as per section 125 of the Bangladesh Labor Act, 2006 amended in 2013 & 2018. No deduction shall be made from the wages except those that are permitted by the Bangladesh Labor Act, 2006 amended on 2013 & 2018 and Bangladesh Labor Rules, 2015 and amended in 2022.
4-4 Annual Appraisal
Yearly performance appraisal shall be effective in the 12 months of joining by the Employer to evaluate the performance of the Employee for the previous year. However, the basic policy of the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) is to assess every Employee's salary based on individual performance, the market conditions in Bangladesh business community from time to time.
4-5 Annual Bonus
The Employees shall receive two festival bonuses on each year on Eid-ul-Fitre and Eid-ul-Azha. Each Bonus payment shall be equal to 1 month’s basic salary and the Employees shall be eligible to get the festival bonus after completing the probation period successfully.
4-6 Allowances
As the allowance (Accommodation Allowance, Medical Allowance) is different for each Employee, please refer to your Letter of Appointment.
EXPENSE
5-1 Reimbursement of Expenses
Every Employee may be entitled to the reimbursement of the expenses incurred. Any false claims in the expense statement will lead to termination of the employment or any other punishments which management think fit. All travel & conveyance expenses will be claimed based on attached receipts.
Any discrepancies noticed in the expense sheet will not be considered for payments. The same will be rejected and returned to the respective Management.
Eligible classes of transport:
Air Flight --- Economy,
Ship --- 2nd cabin,
Train --- Standard class
The management of SUMITOMO MITSUI CONSTRUCTION CO., LTD. shall bear and provide the following expenses:
Handling and Miscellaneous fees
The SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) will provide handling charges for passport, visa, vaccination charges & necessary handling charges.
Transport
The SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) will cover driver to and from airport. All transport for work related purpose in overseas will be paid for by the company.
Travel Insurance
The SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) will cover travel insurance for employees who are travelling overseas.
Overseas Travelling Expenses
The company will provide the traveling allowances as per SUMITOMO MITSUI CONSTRUCTION CO., LTD., Japan’s Rules & Regulation.
All Domestic & International travels need prior approval from the management. This approval should be obtained before making any travel booking & arrangements. The approval should be done by application system only.
HOLIDAYS AND LEAVE
6-1 General
Every employee may be granted, at the sole and absolute discretion of the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices), the following leaves subject to supervisor’s approval:
Paid Annual Leave;
Maternity Leave;
Sick Leave;
Casual Leave;
Compensatory leave; and
Leave Without Pay.
6-2 Procedure for Taking Leave
Employees who seek to take leave shall obtain the prior permission of his/her supervisor/management in the specified form and SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) may alter the timing of the Employee's leave in view of the requirements of SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices). Nobody shall be eligible to get any kinds of leave before completion of probation period. Written prior applications/Form should be submitted to the respective head of department for approval within the following timeline:
(a) 5 consecutive days or more: 1 week in advance.
(b) Less than 5 consecutive days: 2 days in advance.
(c) If due to urgent reasons the leave applied for is to commence on the date of application, it will be approved by the decision of Manager/Director/Management. At the time of urgent reason, the order of leave shall be given on the same day.
In the event of absence from work due to illness or other causes, the employee may take sick leave. In this case, the employee must endeavor to inform the management at least before 7:30 AM of the same day and in case of one day more sick leave, it must be produced a medical certificate issued by the registered medical practitioner and/or acceptable reasons, otherwise disciplinary action shall be taken, or salary shall be deducted for the day same.
If the employees taking leave, for justifiable reasons, is unable to take prior permission as abovementioned, he/she shall submit application within the first 2 days of his/her leave and shall report the same clearly stating the reasons within the day upon resuming work. In absence of such notification or report, the leave shall be treated as leave without pay, and the employees may be subject to disciplinary action, at the discretion of the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices).
6-3 Paid Annual Leave
Every Employee who has completed a period of 12 months’ continuous service with SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) shall be entitled to get 16 days as Annual Leave during the subsequent period of 12 months. The period of Annual leave shall be excluded any holiday which may occur during the enjoying period of annual leave.
If an Employee does not, in any period of 12 months, consume/enjoy the leave wholly or partly to which he is entitled as mentioned above, any such unconsumed leave shall be carried forward to the succeeding period of 12 months. However, an adult Employee shall cease to accumulate Annual Leave, when the balance of the leave due to him reaches 60 (Sixty) days. However, this limit does not include any leave refused upon application by an Employee.
The employee can encash the annual leave after the end of year and the employees cannot encash the leave more than 50% of his total gained/accumulated leave balance of the year.
6-4 Maternity Leave
The female employees under employment shall be granted the maternity leaves of 16 weeks with pay during maternity period. Such maternity leave normally begins 8 (Eight) weeks before the expected date of confinement and ends 8 weeks after the actual date of confinement. Any female employees would not be eligible if she has 2 living children. In case of maintaining more other compliance in related issues, the company will follow the Bangladesh Labor Act 2006 and Bangladesh Labor Rules 2015.
There will be no annual leave charged against the maternity leave.
The female Employees requesting maternity leave shall furnish to the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) with a medical certificate issued by a registered midwife or a registered medical practitioner certifying that she is pregnant and specifying the expected date of her confinement.
Leave taken on the grounds of illness or disability or in any matters arising out of the pregnancy or confinement before or after the 8 weeks’ maternity leave shall be charged to annual leave and/or no pay leave.
Upon return to work, the female Employees shall furnish the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) a medical certificate issued by a registered midwife or a registered medical practitioner indicating her actual date of confinement.
6-5 Sick Leave
The Employees shall be entitled to get 14 (Fourteen) days as sick leave per year. Such leaves shall not be accumulated and carried forward to the succeeding year. The employees will submit a medical certificate issued by a registered medical practitioner along with the leave application otherwise, sick leave would not be approved.
6-6 Casual Leave
Every Employee shall be entitled to paid casual leaves for 10 (Ten) days in a calendar year. Such leaves shall not be accumulated and carried forward to the succeeding year. With SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) policy, casual leave is consumed mainly for ceremonial occasions and any others severe issue arise and urgent family affairs. For the exceptions or special occasions, the Employee shall describe the employer and it will be confirmed by the management.
6-7 Festival Leave
Every Employee is entitled to enjoy 11 (Eleven) days in a calendar year as festival holiday as per schedule to be circulated by the Dhaka Branch office at the beginning of the year. In this case, management of the company shall be planned and determined about festival leave utilization.
If any Employee works on festival holidays, he/she will be entitled to 2 additional day’s holidays per day of work as compensatory wages with full pay and a substitute holiday.
If any employee works on weekly holiday, he/she may get a substitute holiday for the said holiday within 3 (Three) days.
6-8 Leave Without Pay
Any leave taken more than that stated in preceding No.6 or which are not paid in nature as per Bangladesh Labour Act 2006, amended in 2013 & 2018 and Labor Rules 2015 amended in 2022 shall be treated as an unpaid leave.
EXCLUSIVE DUTY
While employed by the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices), you shall devote your whole time and attention to the service of SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) and shall not be engaged in any other business, company, or concern without the written consent of the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices). Also, no employee is allowed to do something which is not related to job in the working hours. Any unethical or anti-social activities are strictly prohibited in office hour and shall be treated as inferior misconduct which will include:
SEXUAL HARASSMENT:
Employees of SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) shall work in a good, safe and corporate environment and the management shall ensure it.
During the working hour in office environment, if any employee is judged as has harassed sexually any other employee, and/or if the victim makes complain to the management of SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) in writing or verbally, the management shall take the issue into their cognizance and take initiative to investigate properly by management of SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) who is positioning higher, neutral and eligible person.
The following activities and attitudes shall have treated as Sexual Harassment:
Touching body intentionally.
Spreading sexual rumor in surrounding environment.
Forcing to make relationship.
Throwing Unpleasant sexual words.
And Any others direct and indirect sexual actions which seems like sexual harassment and cause unpleasant feeling in employee’s mind (determined by the investigating committee).
Complain Committee for Sexual Harassment prevention: In SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices), a complain committee shall remain active with at least 5 (Five) members in the name of “Sextual Harassment Prevention Committee” and the chief of this committee will be a woman. And in case of other members, females shall be prioritized.
ILLEGAL SOFTWARE:
If any employee installs and use any unauthorized software/ cracked software/ pirated software, claim arisen against it by any third party, the employee shall be bound to pay the claim arisen as well as any other costs incurred by SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices).
POWER HARASSMENT:
Power harassment is the act of causing mental or physical distress and degrading the workplace environment beyond the appropriate scope for work based on superiority in the workplace. No employee should pursue such types of activities during the period of employment in SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices).
Driving while drinking: Employees will not drive being drunk during working hours or commuting hours.
DISCIPLINARY ACTION AND INSTANT DISMISSAL
11-1 Misconduct
Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose by the employee. It is an act which is forbidden or a failure to do that which is required.
The Employees being convicted for criminal offence, violating the Rules (which may get considered as willful disobedience) or falling into any of the following cases which are stipulated by Section 23 of the Act shall be subject to the above procedure for Disciplinary action.
Willful disobedience to any lawful or reasonable order individually or in group altogether of a superior;
Any theft, fraud, dishonest appropriation (grabbing) or dishonesty in case of business or property of the Employer;
Taking or giving bribe in relating to job of his/her or any other worker under the Employer;
Habitual late attendance;
Habitual absence without taking leave or being absent from work for more than 10 (ten) days without taking leave/permission from the employer;
Habitual breach of any law or rule or regulation applicable to the establishment;
Riotous or disorderly behavior in the establishment, or any activity subversive of discipline;
Habitual negligent work;
Habitually violation of any rule or discipline or conduct as approved by the chief inspector; and
Falsifying, tampering with, damaging or causing loss of the Employer official records.
11-2 Disciplinary Action
Issuance of Warning Letter by the Employer;
Suspension from work with reduced pay for a period not exceeding 10 days;
Forfeiture or deferment of bonus (in case the Employee is eligible to get bonus);
Stoppage of promotion;
Dismissal with gratuity; and
Any others punishments decided by management as per Section-23 of the Bangladesh Labour Act, 2006.
The Employees convicted for the misconduct mentioned in 8 (b) & 8 (J) would be eligible for the instant dismissal by the management of the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices).
11-3 Proceedings Prior to Award Punishment
The Employer may award punishment to the Employees as stipulated by Section 23 of the Bangladesh Labour Act, 2006 amended in 2013 & 2018 for the criminal conviction or misconduct on employee’s part. Prior to giving the punishments for the misconduct the employer may conduct the enquiry if the employer thinks necessary according to the procedure as per Section 24 of the Bangladesh Labour Act 2006 amended in 2013 & 2018. Procedures prior to giving punishments:
The Employee has obligation to inform to his superior if he did conviction or illegal acts before;
The allegations against him are recorded in writing;
A copy of such allegation is given to him and he is given a period of at least seven days for hearing;
He/she is given an opportunity of being heard;
The enquiry and judgement process shall be finished 60 (Sixty) days;
He/she is found guilty, after enquiry; and
The Employer or the management approves of such order.
The Employee would be eligible for punishment as recommended by the enquiry committee for the misconduct encountered by him/her subject to complying the conditions of the Bangladesh Labour Act, 2006 amended in 2013 & 2018.
RESIGNATION FOR PERSONAL REASONS
The employees desiring to resign from the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) on his/her own accord shall submit a written notice to the SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) at least 60 (Sixty) days in advance or the time required by his/her employment letter if different or can make a payment in lieu of such notice at the rate of the final month's basic salary.
An employee, if his service period is less than 10 years, for his every completed year of his service or for a period of his service exceeding 06 (Six) months shall be eligible for getting 30 (Thirty) days basic salary as gratuity. An employee, if his service period is more than 10 (Ten) years, for his every completed year of his service shall be eligible for getting 45 (Forty-Five) days basic salary as gratuity.
RETIREMENT
Retirement age for all employee is 60 (Sixty) years. But if any employee wants to go the voluntary retirement on completion of 25 (Twenty-Five) years’ service with the company, it also shall be deemed as retirement. Gratuity will be paid as per section 9 of this Labor Regulations.
NOTICE OF TERMINATION
The Employer may terminate an Employee according to the following procedure which is stipulated by Article 26 of the Bangladesh Labour Act, 2006 amended in 2013 & 2018.
When SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) intends to terminate the employment of temporary Employees, the Dhaka Branch office shall typically give such Employees a 30 (Thirty) days’ notice, or in lieu thereof, pay him/her 30 day's basic salary.
When SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) intends to terminate the employment of permanent Employees, the Dhaka Branch office shall typically give such Employees a 120 (One Hundred Twenty) days’ notice or in lieu thereof, pay him/her 120 (One Hundred Twenty) day's basic salary. Gratuity will be paid as per section 9 of this Labor Regulations.
CONFIDENTIALITY
The Employee shall hold in confidence, during and after his/her employment with the Employer, all confidential information which he/she become known in the course of performance his/her duties for the Employer (hereinafter called “Confidential Information”), including but not limited to all of the Employer’s or its affiliates’ non-public information, trade secrets, knowhow, proprietary information, financial information, plans and strategy, research, franchisees, customer and marketing information, technical data, design and drawing. The Employee shall only use this Confidential Information in performing his/her duties for the Employer. Under no circumstances shall the Employee be allowed to take a photo on the Workplace or upload any Confidential Information on the website and the social network or media including but not limited to Facebook, Instagram, Twitter and YouTube without a prior approval of the Employer in writing and signed by the authorized persons of the Employer.
DHAKA BRANCH OFFICE PROPERTIES
In case of under mention offences, SUMITOMO MITSUI CONSTRUCTION CO., LTD. (Dhaka Branch office and Related Project offices) can make deduction from wages of the Employee totally or partly of the intentionally damaged goods. In that case, the deduction from the wages of Employee shall be made only in accordance with relevant provisions of the Bangladesh Labour Act, 2006 amended on 2013 & 2018 and Bangladesh Labor Rules, 2015 amended in 2022.
Deduction for damage or loss of goods and equipment
Deduction for intentionally damage or loss of goods and equipment expressly entrusted to the employed person for custody, or for loss of money, for which he/she is required to account, where such damage or loss is directly attributable to his/her neglect or default.
The amount of deduction from wages will not exceed the value of damage or loss of goods and equipment. The total deduction for any wage period, exclusive of deduction on account of the absence from duty, shall not exceed 10% of wages payable to the employed person during that wage period. All deductions would be made as per the Bangladesh Labour Act, 2006 amended on 2013 & 2018 and the Bangladesh Labor Rules, 2015 amended in 2022.
DECLARATION
This Contract is governed by the Bangladesh Labour Act, 2006 amended in 2013 & 2018 and the Bangladesh Labor Rules, 2015 amended in 2022. Dhaka Courts shall have jurisdiction over any dispute arising here from or in connection herewith.