Service Rules
Miura Bangladesh Co., Ltd.
Office name Miura Bangladesh Co., Ltd.
Location Level-11, Sanmar Tower-2, Plot # 38 A, Road-35, Gulshan-2, Gulshan Model Town, Gulshan, Dhaka-1212, Bangladesh
Objective
The objective of the Service Rules of Miura Bangladesh Co., Ltd. is to inform the employees of the Company about the rules, regulations and benefits concerning their work duties, as well as maintain a good relationship with the Company employees for cooperatively carrying out the work duties in accordance with these Service Rules.
Also, the Company reserves the right to amend all or part of the Service Rules as necessary in order to comply with the Company policy and its potential changes in the future.
Chapter 1
Definition of Terms
Article 1.1 “Service Rules” refers to the rules, norms, regulations, notices, and orders that the Company sets forth for its employees to ensure they are fit for their job positions.
Article 1.2 “Company” refers to Miura Bangladesh Co., Ltd. and includes the persons authorized to execute the business in the Company’s name.
Article 1.3 “Supervisor” refers to a person in a managerial level who is authorized by the Company to give orders to act in compliance with Company policy and ensure the employees remain disciplined toward their work duties.
Article 1.4 “Monthly-Salaried Employee” refers to an employee who has passed the trial period and is employed as a Company employee and paid a fixed monthly wage.
Article 1.5 “Trial Period Employee” refers to an employee to whom the Company has given notice at the start of employment that there will be a trial period of up to 90 days.
Article 1.6 “Working Day” refers to any of the days designated by the Company as days on which employees engage in normal Service duties.
Article 1.7 “Day Off” refers to any of the weekly days off, national holidays, and days of annual leave designated by the Company as days on which the employees do not work.
Article 1.8 “Holidays” refers to days for which the employee has received permission to be absent from work and which comply with the Company’s rules concerning holidays.
Chapter 2
General Provisions (General Rules)
Article 2.1 Work Conditions
2.1.1 Hiring process
The Company has a policy of hiring employees as appropriate based on the need and work duties. When the number of employees falls below the designated number of employees as a result of an employee in a particular division retiring or resigning from the Company for any reason, the Manager of the division will make a proposal in each step and in accordance with the job position level. The management-level Supervisor will make a proposal to the manager or director and receive approval. After the approval is received, the Human Resources Department will recruit candidates who have the knowledge and skills sought by the division and send the candidates’ data to the division for screening.
2.1.2 Job applicants guarantee that all information provided by them to the Company is true and understand that the information is important for the Company in order to examine whether or not to hire the job applicant as an employee of the Company. If it is found at a later date that all or part of the information is not true, the Company reserves the right to immediately dismiss the employee without paying the wage or payment in lieu of notice, as well as any damage that the applicant may claim.
2.1.3 The Company has a policy of screening suitable candidates for the job position in accordance with the criteria below.
Ability to fit into the organizational culture
Academic record, work experience, expertise
Ability to achieve the skill levels required by the Company
2.1.4 Eligibility to become an employee.
Is at least 18 years old and less than 60 years old.
Is physically healthy, in good health, not suffering from an infectious disease or socially-malignant disease, not addicted to alcohol or drugs, and in normal mental condition.
Is polite and courteous.
Uses good language and behavior, has no bad record, has never been sentenced to imprisonment, has never declared bankruptcy, and is not on the run to evade arrest by government authorities.
Has the qualifications and academic records notified to the Company, and has the ability to perform the work duties to be assigned by the Company.
Article 2.2 Probation Period
2.2.1 All employees hired by the Company must first pass a Probation period of normally 90 days and up to a maximum of 180 days.
2.2.2 Probation Period Employees must strictly comply with the Service Rules of the Company. This applies also to both Daily-Paid Employees and Monthly-Salaried Employees already hired as employees. The immediate supervisor will assess the probation Period Employees in accordance with the period and method specified by the Company.
2.2.3 When the Company deems an employee’s work performance to be insufficient and the employee’s attitude and behavior to be inappropriate during the abovementioned probation period, the Company will dismiss the employee through a written notification. Conversely, when the employee passes the probation period and the work performance is satisfactory, the employee will be hired as a Monthly-Salaried Employee of the Company and receive a certificate from the Company.
2.2.4 Probationer Employees may request to resign from the Company, but the employee must give written notice at least 30 days in advance.
2.2.5 In the event that an employee during the probation period causes damage to the Company, regardless of whether it was caused intentionally or due to a careless mistake, the Company may claim compensation from the employee and guarantor for the damage actually suffered.
Article 2.3 Changes to Working schedule, Duties and Transfers
The Company has the right to reassign and manage the employees, which includes the employee’s employment and any transfer (including change of workplace), change of job position, suspension, dismissal, disciplinary action, dissolution of a division, specification of roles and responsibilities, classification of job positions, and reassignment of employees.
Article 2.4 Increase in compensation for Labor (in Monthly Salary)
Any increment in the consideration for labor will depend on the financial condition of the Company and the work performance and capabilities of the employee. The Company will make an assessment based on the proposal from the employee’s Supervisor. The consideration for increment for all employees will be examined once a year, every April, for employees who have worked at the Company for at least one year.
Chapter 3
Working Days, Normal Working Hours, Break Time, Weekly Working Hours
The Company sets forth below the common normal working hours, and the break time, on normal working days. The maximum number of working days per week is 5 (five) days, or 40 hours. However, the working days, working hours, and break time may also be appropriately determined by each division as provided below.
Article 3.1 Working Days and Working Hours
3.1.1 Normal working days
From Sunday to Thursday (unless otherwise determined by the Company; in that case, all employees will be notified of the change in writing.)
3.1.2 Normal working hours
In the morning 8:30 AM to 1:00 PM
In the afternoon 2:00 PM to 5:30 PM
3.1.3 Break time
From 1:00 PM to 2:00 PM on normal working days
3.1.4 Special working hours
For some divisions with a necessity, the Company may consider applying different working hours, break times, and quitting times, and such will be notified in special cases.
The above working hours and quitting time are subject to change. Any such changes will be made as appropriate for the form of work. However, the Company may order overtime work for employees in certain work positions as necessary, and such will require the approval of the employee.
Article 3.2 Records of Working Hours
3.2.1 Employees must record the start time and departure time using the method designated by the Company for the purpose. However, this will not apply to employees who have obtained approval from the Company stating that they need not to record such times.
3.2.2 Employees who are required to work outside the Company from time to time and are unable to record the times as usual must obtain approval from the Division Manager or the latter’s delegate every time they work outside the Company.
3.2.3 Employees are prohibited from recording the start time and departure time on behalf of other employees. In case of a violation of this provision, it will be considered one that may lead to disciplinary action, including dismissal at the worst.
3.2.4 Any employee who did not record the start time and departure time but actually worked in the office must either provide an explanation or find a record to prove the start and departure times of his/her having worked. A Supervisor having the rank of assistant manager or higher or the latter’s delegate will consider whether or not to approve the time record. Where confirmation by the Company determines that the employee actually did not work in the office, the employee will be deemed to have been absent from work on that day.
Chapter 4
Principle of Days Off and Holidays, Types and Principle of Holidays, Payment of Wages for HoliDays
A Day Off will be classified into six types: weekly days off, national holidays, sick leave, casual leave, annual leave, and substitute holidays.
Article 4.1 Weekly Days Off
Employees’ weekly days off
The Company will provide employees at least two weekly days off per week, and such days will be Friday and Saturday.
Article 4.2 National Holidays
The Company will provide at least thirteen (13) national holidays per year, including May Day. The company will announce the national holidays to all employees by January 1st of every year.
In addition, if a national holiday falls on a weekly day off, the next work day will be the substitute holiday for the national holiday. When it is necessary to change the national holidays notified at the beginning of the year, the Company will give notice at least three working days in advance.
Article 4.3 Sick Leave
4.3.1 Employees have the right to take up to fourteen (14) days of sick leave. Unused days of sick leave may not be carried forward to the next year.
4.3.2 When going on a sick leave, the employee must notify his/her Supervisor by telephone or email, and fill out in detail the Company form and submit it to the Human Resources Division on the first day of returning to work.
4.3.3 When the employee is unable to notify the Company by telephone, the employee will perform the following.
(1) Send to the Company, on the day of the sick leave or the following day, a sick leave notice. If the following day is a Day Off, the sick leave notice should be submitted on the next business day. If the employee is not in a condition to submit the sick leave notice him/herself, a third party should submit the notice on the employee’s behalf.
(2) When the employee goes on a sick leave for any reason, the sick employee must submit a medical certificate issued by a physician along with the sick leave notice. If the employee does not have a medical certificate issued by a physician, the employee will explain the reason therefor to his/her Supervisor. If the reason is deemed unacceptable, the employee will be deemed to have been absent from work.
(3) An employee who often goes on sick leave may be made by the Company to undergo a detailed health checkup by a physician in order to determine the cause of the illness. In a case where the employee is determined by the physician to not have the disease notified by the employee to the Company and the employee is found to have wrongfully used the right to go on a sick leave, the Company will consider the handling thereof on a case-by-case basis.
(4) For a sick leave in the case of a disease resulting from having experienced a dangerous situation at work or in the performance of work duties, the Company may handle such sick leave differently from other leaves of absence, and the employee may receive the same wage as the hourly wage on normal work days.
When it is found that the employee has gone on a sick leave for a disease or injury caused by the work operations at the Company or for other reason and does not recover or is unable to perform the work duties for the Company after fourteen (14) normal work days, the Company will, at its own discretion, consider whether to increase the number of days of sick leave or dismiss the employee for being sick for a period longer than stipulated, and, in that case, the employee will receive compensation and all other rights under the Labor Act.
Article 4.4 Casual Leave
4.4.1 Employees have the right to go on casual leave up to 10 (Ten) days per year. The purpose of going on the leave will be any of the following. Unused casual leaves may not be carried forward to the next year.
・Marriage (of the employee): Five (5) days
・Marriage (of a relative within the second degree): One (1) day
・Funeral (of a relative within the second degree): Two (2) days
・8 weeks each for before and after the childbirth (by the employee)
・Childbirth (by the spouse): Three (3) days
・Exam leave (limited for tests encouraged by the Company to be taken): Day of the exam
・When the employee or his/her family’s residence is affected by a disaster.
・When an unavoidable or unpostponable event occurs.
4.4.2 An employee must, excluding in the case of a force majeure event, fill out the Casual Leave Notice and receive approval from his/her Supervisor at least seven (7) working days in advance. Casual leave may be availed of when the form is submitted to the appropriate Supervisor according to the job rank of the employee and approval is received.
4.4.3 In the case where the employee has an emergency situation and is unable to submit the leave notice in advance, the employee must in some way notify his/her Supervisor or the Human Resource Division of the reason thereof on the day of the leave. On the first day the employee returns to work, the employee will submit the leave notice in accordance with the rules, and the Supervisor will determine whether the reason for the leave of the employee who requested the leave was appropriate.
4.4.4 When a funeral is held, the employee must provide the Company with proof that the funeral was held (such as a death certificate), within seven (7) days from the day on which the employee returns to work as usual.
4.4.5 Employees may take a leave of absence to participate in training for increasing work efficiency or obtaining knowledge, understanding, skills, expertise, and insights that are useful for the employee and his/her work duties, or to improve knowledge capacity; however, such training must have a clear program, curriculum, and schedule. In addition, employees may take a leave of absence to take an educational evaluation exam that is held by or permitted to be held by a public institute; however, the employee needs to obtain written permission from the Company.
Article 4.5 Annual Leave
Employees have the right to go on annual leave as stated below.
Employees who have been employed by the Company for at least one (1) year will have the right to go on an annual leave up to fourteen (14) days per year.
Employees must submit a request for approval to his/her immediate Supervisor at least seven (7) business days in advance for examination of the request and notification of the decision concerning the days of annual leave to be availed of. Employees shall use this right only from April 1 to March 31 in the next year.
When the employee will not completely use or has not used all the right to go on annual leave for the number of days set forth above, the employee may carry forward the remaining number of days up to sixty (60) days, but such cannot be carried over for more than two (2) years. When the employee who has not used up the right to annual leave requests the Company to purchase the remaining days of leave, such will be converted into cash in December every year. When any annual leave days are encashed, the formula shown below will be used.
Encashment amount for one (1) day of annual leave＝Most recent gross monthly salary/30
The Company has the right to specify at its own discretion an employee’s annual leave. In addition, in the event that there is urgent work, the Company reserves the right to call the employee to return to work before the period of annual leave is finished. In that case, the employee has the right to use the remaining period of the annual leave at a later date.
Article 4.6 Substitute Holidays
4.6.1 One day will be granted as a substitute holiday for working on a weekly Day Off. The Company is required to grant one substitute holiday so that the employee will not work ten (10) days consecutively.
4.6.2 Three (3) substitute holidays will be granted for working on a national holiday. “National holiday” refers to any of the holidays announced in accordance with the provision of Article 4.2.
Article 4.7 Maternity Leave Employees have the right to go on maternity leave as follows.
4.7.1 Pregnant employees have the right to take a leave of absence before and after childbirth, and the period will be up to sixteen (16) weeks per pregnancy. During the entire period of maternity leave, the employee will receive the wage calculated using the formula below, including the Days Off, during maternity leave.
Wage＝Gross salary in the previous month/21.4×112
4.7.2 For the purpose of these rules, maternity leave will not be deemed to be a sick leave, and the Company is not required to pay for the medical care or any other expenses in relation thereto.
4.7.3 Maternity leave may be availed of only by female employees who have been employed by the Company for at least six (6) months continuously. This will not apply to the third and subsequent childbirths.
Chapter 5
Principle of Overtime Work and Holiday Work, and Principle of Holiday Work Allowance
Article 5.1 Meaning and Definition of the Terms
5.1.1 “Overtime work on a normal working day” refers to work performed outside the normal working hours or exceeding the normal working hours on a normal work day.
5.1.2 “Holiday work” refers to working normal hours on a day off.
5.1.3 “Overtime work on a holiday” refers to working on a day off and exceeding the normal working hours.
Article 5.2 Principle of Allowance Payment
5.2.1 Overtime work on normal working days
An employee who has worked outside the normal working hours or who has exceeded the normal working hours on a normal working day will receive an overtime allowance in accordance with the following formula.
Overtime allowance per hour＝Monthly basic salary÷208×2
5.2.2 Holiday work
The Company will grant a substitute holiday for employees who worked on a day off. In addition, when employees work on a national holiday, another day off will be granted in addition to the substitute holiday.
The Company will pay an allowance of three times the hourly wage for normal working hours to employees working during the Eid periods which happen twice a year.
5.2.3 Overtime work on a holiday
The Company will pay an allowance of three times the hourly wage for normal working hours for the number of hours worked outside the normal working hours or exceeding the normal working hours to employees who worked outside the normal working hours or exceeded the normal working hours on a day off.
5.2.4 Calculation of the normal hourly wage
For Monthly-Salaried Employees, the wage per day is calculated by dividing the monthly salary by thirty (30), and the hourly wage is obtained by dividing the obtained wage per day by the number of normal working hours in case of Daily Paid Employees.
5.2.5
Article 5.3 Overtime Work or Holiday Work by Employees
When working overtime or on a holiday, an employee needs to receive a direct order from the immediate Supervisor who is in charge of the work duties, and the Supervisor will be the person who gives the order. The employee must receive written approval from his/her Supervisor for working overtime and immediately make a request to work overtime to the Supervisor by telephone or email.
When the employee who is ordered to work overtime or on a holiday and who has agreed to work in accordance with the instructions is unable to go to work, the employee must notify his/her Supervisor of the reason thereof in advance. When the employee is unable to notify the Supervisor in advance or has not received approval, the employee will be deemed to have abandoned his/her duties or have been absent from work.
Chapter 6
Payment Date and Payment Method of the Wages, Overtime Work Allowance, and Holiday Work Allowance
Article 6.1 Wage Payment Date
6.1.1 To full-time employees and employees in the trial period who receive wages on a monthly basis, the Company will make a payment by bank transfer by the 7th (Seventh) business day of the following month.
Chapter 7
Protection of Personal Information
1. Employees who are required to collect, use, or disclose employee information, client information, business partner information, or personal information about concerned parties must appropriately use such information in accordance with the regulations and policy on the use of personal information and the Personal Information Protection Act. 2. The Company, without needing to obtain consent from the employees, has the right to collect, use, or disclose employees’ personal information concerning labor protection, social insurance, personal income taxes, national health insurance, benefit programs for the medical treatment of persons who have rights under the laws and regulations, car insurance, or social protection in order to protect the basic rights of the employees.
3. When there is any change to the personal information, the employee must notify the Company in writing thereof within three (3) days from the time the change occurred.
4. Employees may not disclose or make public any personal information, including photographs and videos, about any person within the Company, client, business partner, or other concerned parties, without the prior written consent of the Company, client, business partner, or other concerned party.
5. Employees may not disclose the personal information of a colleague, the Company, a client, business partner, or other concerned party that will cause damage, defamation, contempt, hatred, or humiliation. If the employee fails to comply with this provision, such will be deemed a serious violation, and the employee will be required to provide compensation for such damage based on the actual monetary amount of damage suffered.
6. Employees may not disclose the Company’s confidential information or hide facts that would cause damage to the Company. If the employee fails to comply with this provision, such will be deemed a serious violation, and the employee will be required to provide compensation for damage based on the actual monetary amount of damage suffered.
7. Employees may not possess the Company’s documents, information, formulas, drawings, business plans, or reports in any form that are unrelated to the performance of work duties, regardless of whether it will be made public or used, without written permission from the Company.
8. Employees must protect the profits of the Company, and may not pursue profits from a business partner, client, or other concerned party. In addition, employees may not have any conflict of interests with the Company or the business of another institution. This is because the employee will not be able to make the right decision when it is necessary to act for the profit of the Company.
9. Employees may not wrongly use the Company’s tools, assets, systems, or work duties for personal benefit or the benefit or others without written permission from his/her Supervisor.
10. Employees may not display or open information documents that correspond to personal information, regardless of whether it is about themselves or others, in a public space where others may come into contact with the information documents. For example, do not leave documents containing information face up on the desk so that it is visible to others or leave a computer screen displaying personal information on when leaving the desk.
11. Employees may never reuse documents that contain corporate information, whether about the Company or another company, or personal information that are already used or contain any writing. When the employee no longer has use for the paper or document, the employee will shred or tear up the document so that others cannot reuse the paper or document, or come into contact with the information written in the document.
12. When printing out a document, employees must not leave the document at any of the printers longer than necessary. When the employee no longer has use for the document, the employee must never leave the document at the printer or in a public space. Employees must shred the document into tiny pieces or dispose of the document so that others may not remove and use the document or access the information.
13. Employees must not, in all cases, copy, scan, photograph, or engage in any similar act and use any documentary information of the Company, any person within the Company, client, or business partner for any purpose other than work duties. If the employee does any such copying, scanning, or photographing, or engages in any other similar acts for the purpose of work duties, the employee must immediately dispose of the information after the completion of the work duties.
14. Before sending an email or using another communication channel to send a document or any written text, in order to prevent persons unrelated to his/her work duties or the document from viewing such, employees must always confirm that the recipient of the email, attached file, and text is accurate, in particular, when sending them to an external party.
15. Including the information related to a client or business partner, such as agreements, permissions, financial statements, a client’s bank account, employees may not disclose the name, email address, telephone number, vehicle registration number, or other personal information of the client, business partner, or concerned employees, as well as legal documents or accounting documents. However, this excludes cases where prior written consent has been obtained from the customer or the Company.
Remark: A violation of any provisions in this Chapter 7 will be deemed a serious violation of the regulations, and the Company may dismiss the employee without prior notice and without paying compensation.
Chapter 8
Regulations and Disciplinary Actions
For the safety of work operations, as well as for the prosperity of the Company and all employees, workplace order is necessary for cooperation at work. Therefore, the Company hereby establishes the rules and regulations that shall be strictly adhered to by all employees.
Article 8.1 General Order
8.1.1 Regardless of being outside or inside the company, take appropriate actions in accordance with the rules and regulations of society, and do not use improper language or behavior, or engage in any acts that violate the law.
8.1.2 Listen to and follow all instructions given by his/her Supervisor that comply with the laws.
8.1.3 Strictly comply with the various rules, regulations, announcements, instructions, and principles established by the Company.
8.1.4 In case a change occurs in relation to the following personal situations of an employee, notify the Company within fifteen (15) days from the time the change occurs: A change in the first name or family name, address, a marriage or divorce, the birth of a child, the death of a family member of the employee (employee’s parent, spouse, or child), or a change to the national identity card.
8.1.5 Maintain proper hygiene and do not dispose of any items or garbage anywhere other than the containers installed by the Company.
8.1.6 Use the equipment and devices, tools, utilities, and other items only to the minimum extent, and cooperate in not wasting them and in maintaining them in good condition.
8.1.7 Do not arrive late, leave early, or take a leave of absence without justifiable grounds.
8.1.8 Do not use rude attitude or language, or engage in any form of inappropriate actions to slander, insult, harm, abuse, scorn, offend, or criticize others.
8.1.9 Do not assist, help, or tolerate other employees engaging in a violation, or induce or permit any employee to engage in a violation.
8.1.10 Do not work for another business or person when that work may affect the working hours or the business of the Company.
8.1.11 Do not use the Company’s items, tools, devices, vehicles, machinery, or products for personal benefit or any purpose unrelated to the Company.
8.1.12 Do not use language or behavior that could potentially damage the Company’s reputation or cause damage to the Company.
8.1.13 Maintain with due care the Company’s items and assets, and notify his/her Supervisor in case loss or damage occurs to the Company’s items or assets.
8.1.14 Do not post any notice or advertisement, write on the Company’s property, or distribute flyers or other printed materials within the Company’s premises without permission. In addition, do not remove, destroy, or make additions to any notices or instructions posted by the Company.
8.1.15 Do not conceal any information or hide any facts that would cause damage to the Company.
8.1.16 Do not slander others, insult his/her Supervisor, a client, or visitor, or engage in any inappropriate acts.
8.1.17 Female employees are required to notify the Company immediately when they know that they are pregnant, and they must notify the Company at least two (2) months prior to requesting maternity leave.
Article 8.2 Entering / Exiting Company Premises
8.2.1 Do not arrive late or leave before the quitting time without following the reporting procedure set forth by the Company. In case an employee will take leave during working hours, s/he must obtain approval from his/her Supervisor, General Manager, or anyone in the position of Manager or higher.
8.2.2 When arriving and leaving the office, employees must record the times on their own on the timecard/sheet. It is prohibited to record times on behalf of other employees, as well as to make any changes to the timecard/sheet, such as crossing out, erasing, or adding comments on the time card. Otherwise obtain a signature from the team leader or authorized person when recording the time.
8.2.3 Employees who leave the workplace during the working hours, break time, or any other time need to comply with the rules set forth by the Company every time.
8.2.4 Do not arbitrarily allow outsiders to enter the Company premises.
8.2.5 Agree that the security officer will inspect one’s body, vehicle, or belongings when leaving the workplace.
8.2.6 Whenever removing the Company’s items and assets from the premises of the Company, present the permission to remove the items or assets to the security officer or General Manager.
8.2.7 Do not meet with a visitor for personal business during working hours. If necessary, obtain prior permission from his/her Supervisor and spend the minimum time necessary.
8.2.8 Do not bring any pets into the Company premises.
8.2.9 Do not bring any weapons or drugs, substances that will cause intoxication, or illegal items into the Company.
8.2.10 Employees who are intoxicated may not enter the Company’s premises, but such will be determined based on the judgment by the responsible person.
Article 8.3 Regulations Concerning Confidentiality
8.3.1 Keep Company secrets confidential (any systems of the Company that may be used by another person to compete with the Company or for the purpose of slandering, or information that should not be disclosed).
8.3.2 Do not move the Company’s documents, tools, devices, or assets to anywhere other than within the place of work without permission.
8.3.3 Do not take photographs within the Company premises or allow outsiders to enter the Company premises without permission from the team leader or director.
Article 8.4 Regulations Concerning Language and Behavior
8.4.1 Maintain the reputation of the Company and all employees.
8.4.2 Do not bring into or possess in the Company premises any weapons, flammable substances, explosive substances, or illegal items.
8.4.3 Maintain good, cordial relationships with one another, and do not quarrel with or make rude comments to colleagues.
8.4.4 Do not engage in gambling within the Company premises or participate in any kind of gambling.
8.4.5 Do not bring alcohol, intoxicating substances, or addictive substances into the workplace or consume such inside the Company premises.
8.4.6 Do not bring into or possess in the Company premises any kind of alcohol, intoxicating substances, or illegal addictive substances.
8.4.7 Do not act on behalf of another person for other business that may conflict with the Company’s interests or cause damage to the Company.
8.4.8 Help and support clients and other Company visitors using polite language.
8.4.9 Do not hold a gathering or meeting within the Company premises without permission.
8.4.10 Do not make reports that are contrary to the facts.
8.4.11 Do not be absent from work without performing the reporting procedure set forth by the Company.
8.4.12 Do not smoke in areas marked as non-smoking or areas where smoking is prohibited. Employees may smoke only in the areas designated by the Company and other arranged areas.
8.4.13 Cooperate to keep the office and areas surrounding the Company premises organized and clean.
8.4.14 Do not violate the Company’s rules and regulations, announcements, or instructions concerning safety, occupational health, and the work environment.
Article 8.5 Regulations Concerning Appearance at Work
8.5.1 Appear as specified by the Company. This will also apply to the uniforms supplied by the Company. (In general, employees should ensure their appearance will not cause any problems when providing services to the customers.)
8.5.2 Whenever employees enter the Company premises, they must wear the Company ID card.
8.5.3 Do not wear another employee’s or company’s ID card. For employees who violate this provision, disciplinary action will be considered on a case-by-case basis at the discretion of his/her Supervisor.
Article 8.6 Security
8.6.1 Any employee who discovers a defect that may lead to any danger to or loss of Company assets must immediately notify the General Manager, manager, team leader, and security officer.
8.6.2 Employees who are in the last group to leave the workplace or their work area under responsibility must turn off the electrical devices, air conditioning, and water faucets.
8.6.3 Employees must cooperate to keep the workplace clean, and may not place any items in a location that could hinder access to the hallway, emergency exit, or fire distinguisher.
Article 8.7 Actions That May at Worst be Deemed a Serious Violation Subject to Dismissal without Compensation
8.7.1 Intentionally engaging in a work-related wrongful act or criminal act against the Company or employer.
8.7.2 Intentionally causing damage to the Company or employer.
8.7.3 Making a careless mistake which results in severe damage to the Company or employer.
8.7.4 Violation of a fair instruction from the employer that complies with the Work Rules, regulations, or the law, and the employer has given at least two written warnings. However, the employer is not required to give warning in the case of serious violations.
In addition, the letter of warning will be effective up to one (1) year from the day on which the violation by the employee occurred.
8.7.5 Regardless of whether there is a day off in between, abandoning work duties for ten (10) days in a row without a justifiable reason.
8.7.6 When imprisonment has been sentenced in a final verdict. However, in the case of a violation due to a careless mistake or a minor violation, such must cause damage to the employer.
Article 8.8 Serious Violations That Could Be Subject to Immediate Dismissal
8.8.1 Failure to follow the instructions given by his/her Supervisor, or violating instructions based on one’s rules, Work Rules, or law.
8.8.1.1 Regardless of whether there is a day off in between, abandoning the work duties for three (3) days in a row without an appropriate reason.
8.8.1.2 Repeatedly arriving late, leaving early, or being absent from work without reasonable grounds and without giving notice to the Company, and having received at least two written warnings. In addition, the letter of warning will be effective for up to one (1) year from the day on which the violation by the employee occurred.
8.8.1.3 Significantly disrupting the order or morals within the Company, and having received at least two (2) written warnings. However, in the case of a serious offense, the employer will not be required to give a warning. In addition, the letter of warning will be effective up to one (1) year from the day on which the violation by the employee occurred.
8.8.2 Engaging in gambling within the Company premises, or participating in any kind of gambling.
8.8.3 Taking illegal drugs, or bringing illegal drugs into the Company premises.
8.8.4 Bringing weapons or explosives into the workplace or Company premises.
8.8.5 Amending or altering documents without permission.
8.8.6 Intentionally reducing or limiting the Company’ production or product sales.
8.8.7 Violating the rules, instructions, or any announcements concerning safety, occupational health, and the environment in the Company’s operations.
8.8.8 Opposing the instructions given by his/her Supervisor that comply with the law; or refusing to perform delegated duties without a reason that is satisfactory to the Company, or telling or pressing others to do the same.
8.8.9 Going on a strike with other employees or pressuring other employees to go on a strike in violation of the law. In addition, engaging in an act that will hinder workplace operations, provoke damage to the relationship between the Company and employees, between employees, or between employees and his/her Supervisor, or hinder other employees from performing their work duties.
8.8.10 Blocking or obstructing the entrance to the Company, including when the Company is unable to operate its business, provide services, or accept clients, and, as a result, suffers damage.
8.8.11 Regardless of whether within or outside the working hours, getting into a fight and causing physical harm to other employees at the office or within the Company premises, including recording a video of such act in an event or activity arranged by the Company as part of the benefits program for employees.
8.8.12 When a team leader, administrative supervisor, or operations inspector exercises its authority towards subordinate employees or persons in a way that is unrelated to their work duties or operations.
8.8.13 When a team leader, administrative supervisor or operation inspector engages in sexual harassment toward subordinate employees or persons.
8.8.14 When employed through falsification of an important part of the personal history.
8.8.15 When imprisonment is sentenced as a final judgement. However, in the case of a violation due to carelessness or a minor violation, this is limited to cases where the employer suffers damage.
8.8.16 Using the Company’s facilities, vehicles, items, etc. for purposes other than work duties without permission.
8.8.17 Using one’s professional status, attempting to gain personal profit, or wrongfully receiving or demanding money or items, or receiving entertainment from a business partner, etc.
8.8.18 Damaging the credibility or reputation of the Company through illegal acts in one’s personal life or through slander against the Company, and causing a serious adverse effect on business operations.
8.8.19 Leaking important business secrets of the Company (including the specific personal information set forth in the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures) to an outside party and thereby causing damage to the Company or hindering the normal operation of the business.
8.8.20 Driving under the influence of alcohol during working hours.
8.8.21 The compensation for damage or return of unfair profits by causing a damage to the Company as a result of an act subject to disciplinary action will not be extinguished through any disciplinary action or after resignation from the Company.
8.8.22 In the event that an employee engaged in an act that led to disciplinary action, the immediate superior of the employee may also receive disciplinary action due to his/her failure to perform his/her duties as a supervisor. However, if it is clear that the superior implemented the measures necessary for the prevention thereof, or if it was not possible to implement preventive measures due to unavoidable circumstances, the superior will not be subjected to disciplinary action.
Article 8.9 Disciplinary Actions
In order to maintain the rules, Work Rules and order of the Company, if an employee violates or fails to comply with the instructions, rules, Work Rules or announcements, disciplinary action will be taken on a case-by-case basis, and such will not need to be taken in the order of occurrence.
8.9.1 Oral warning will be given, and the violation will be recorded in a document as proof.
8.9.2 There will be a written warning, demotion, reassignment, cancellation of being considered for the annual bonus, or cancellation of consideration for the annual pay raise concerned. This will not apply when the wage is revised based on the law.
8.9.3 There will be a written warning and suspension without wage payment.
8.9.4 Dismissal
A manager, team leader, or other Supervisors with the same level as whom title has the right to give an oral warning.
The general manager, managers, or other Superiors with the same or higher level and other job title has the right to issue an oral warning, a written warning, and a dismissal letter.
Article 8.11 Suspension
When an employee commits a violation and the Company considers imposing a disciplinary action in order to correct the language and behavior of the employee, the Company will suspend the employee from attending to work for up to seven (7) days without wage payment.
The Company will not allow an employee to enter the Company during the suspension without permission from a person authorized to give approval. Disciplinary action will be taken against any employee who violates this provision.
8.12 Disciplinary Committee
When considering a disciplinary action against an employee, a disciplinary committee may be established by the Company as the organization for carefully and fairly deliberating on the disciplinary action to be taken against the employee.
8.12.1 A disciplinary committee meeting will be held when it is deemed appropriate to hold such a meeting, following discussion by the Company president and the director in charge of the division with which the employee is affiliated.
8.12.2 The disciplinary committee will be composed of the president, the general manager, the senior manager, the manager of the division with which the employee is affiliated, and the General Affairs Division.
8.12.3 The disciplinary committee may hear the opinions of the employee subject to the deliberation on disciplinary action.
8.12.4 The employee will be notified of disciplinary action by issuance to the employee of a notice of disciplinary action created in the name of the director in charge of the division with which the employee is affiliated.
8.12.5 The fact that a disciplinary action has been taken may be announced.
Chapter 9
Dismissal, Compensation, and Special Compensation
An employee ceases being an employee of the Company due to the following reasons:
Resignation
Mandatory retirement
Death
Dismissal
Article 10.1 Resignation
Employees who wish to resign from the Company must submit the letter of resignation designated by the Company for such purpose, along with the reason thereof, to the Company at least sixty (60) days in advance. Even after the letter of resignation is submitted, the employee must continue to engage in his/her work duties until the day of resignation. Employees who do not comply with this provision will not receive the rights or benefits from the Company.
In any case, the employee who intends to resign must return to the Company the Company’s assets or money possessed by the employee.
Article 10.2 Mandatory Retirement
The Company decrees that employees will retire when they reach the mandatory retirement age of sixty (60) years of age, and the employment relationship will end at the end of the month to which the employee’s birthday belongs. If the statutory mandatory retirement age changes, the designated mandatory retirement age will be changed to the currently applicable age.
Article 10.3 Death
A deceased employee will automatically be deemed to no longer be an employee of the Company. In this case, a relative with a legal relationship to the deceased employee will receive the benefits and compensation from the social security fund under the relevant legal provisions and/or other benefits.
Article 10.4 Dismissal
10.4.1 When the Company intends to dismiss an employee, such will be possible by giving notice at least 120 days in advance, in accordance with the Labor Law.
10.4.2 If it is not possible to give notice 120 days in advance, compensation for such period will be paid.
Article 10.5 Retirement Allowance
The Company will pay the following retirement allowance to resigning employees. However, this will not apply in cases of disciplinary dismissal.
Retirement allowance＝Years of service× Base salary for 30 days
The following formula will be used for employees who have been employed by the Company for over 10 years.
Retirement allowance＝Years of service× Base salary for 45 days
Article 10.6 Termination of the Employment Contract
Fixed-term employment
The employment contract will end when the employment term expires, and neither the employer nor the employee is required to give prior notice.
Indefinite term employment
Either the employer or the employee must notify the other party about the intention to terminate the employment contract in writing at least one wage payment period in advance.
Employees in their trial period will be deemed to be employees with a non-fixed employment contract.
Article 10.7 Special Compensation
10.7.1 When the Company dismisses an employee due to the need to reduce the number of employees in order to restructure the organization, manufacturing process, distribution, or service following mechanization or a change of machinery or technology, the Company will undertake the following responses.
Provide a list of employees to be dismissed, the reason for dismissal, and the dismissal date to the labor inspector and issue a notice of dismissal to the employee at least sixty (60) days in advance.
If the employer is unable to give prior notice, or gives notice after sixty (60) days in advance, the employer must pay the employee the amount equivalent to sixty (60) days’ worth of salary calculated using the last wage rate, or for employees paid based on actual work performance, the amount equivalent to sixty (60) days’ worth of wages calculated using the last performance wage rate, as special compensation in lieu of the prior notice.
When the employee has been an employee of the Company for at least six (6) years, in addition to the normal compensation, the Company must, for each year of service, pay at least fifteen (15) days’ worth of salary calculated using the last wage rate, or for employees paid based on actual work performance, the amount equivalent to fifteen (15) days’ worth of wages or more calculated using the last wage rate, as special compensation. The maximum amount of the above compensation will be 360 days’ worth of wages calculated using the last wage rate, or 360 work days’ worth of wages calculated using the last actual performance wage rate, in the case of employees paid based on actual work performance.
Regarding periods of service of less than one (1) year, if the period is 180 days or more, such period will be counted as one (1) year.
10.7.2 Relocation of the business office
When the Company relocates its business office and such relocation has a significant impact on the normal life of employees and their families, the Company will undertake the following responses.
The employer must give the employee prior notice stating the timing, affected persons, and location at least thirty (30) days prior to the relocation of the business office. give prior notice.
When the Company is unable to give prior notice on the relocation of the business office, or is unable to give notice at least thirty (30) days in advance, the Company must pay thirty (30) days’ worth of salary calculated using the last wage rate, or, to employees paid based on actual work performance, the amount equivalent to thirty (30) days’ worth of wages calculated using the last performance wage rate, as special compensation in lieu of the prior notice.
When an employee does not wish to work at the relocated business office, the employee has the right to propose the termination for the employment contract within thirty (30) days from the issuance of the notice of relocation by the Company, or within thirty (30) days from the date of relocation of the business office when the Company has failed to give prior notice. In addition, when the employee requests termination of the employment contract, the employment contract will be terminated as of the date of relocation, and the employee has the right to receive, within seven (7) days from the day of termination of the employment contract, the compensation equal to or greater than the compensation to which the employee is entitled. In addition, the employee has the right to receive within seven days from the day on which the termination of contract is notified, special compensation of at least the same amount as the compensation rate the employee has the right to receive.
If the Company objects to the reason why the employee does not want to relocate, the employer has the right to file a complaint with the labor welfare committee within thirty (30) days from receipt of the written notice to such effect.
The employee has the right to submit to the labor welfare committee a request for deliberation within 30 days from the date of payment of the special compensation or special compensation in lieu of the prior notice about whether the employer should have given prior notice, whether the employee has the right to receive special compensation and terminate the contract, or whether the employee has the right to receive the special compensation in lieu of the prior notice.
Announced on June 11, 2019
Signature＿＿＿＿＿＿＿
(Yuji Kido)
Dated June 11, 2019