SMCC Rules and regulations 20230119 Their original

Date: 25th April 2021 COMPANY REGULATIONS OF SUMITOMO MITSUI CONSTRUCTION CO., LTD. For Bangabandhu Sheikh Mujib Railway Bridge Construction Project April 2021 CHAPTER I General Provisions Article 1 (Application) 1.1　 These Employeer regulations (hereinafter referred to as “Regulations”) are applicable to all staffs of Sumitomo Mitsui Construction Co., Ltd. and its representative offices in Bangabandhu Project (hereafter collectively referred to as the “Employer”) 1.2　 The term “Employee” herein used means a person who works for the Company. Article 2 (Objectives) 2.1　　The Regulations lay down work rules applied to Employees under the Labor Code of the People's Republic of Bangladesh (hereafter referred to as the “Labor Code”). Article 3 (Obligations of Employee) 3.1　　Employees must: - Comply with these Regulations. - Follow each section’s work order - Co-operate with each other and perform fully their duties in order to improve the Company’s business and themselves. - Work efficiently as a team - Respect others individuality and personality to maintain and to improve vocational ethics. - Keep the office or site clean and ensure that all items are placed in their designated storage space or receptacle after use. - At all times respect and maintain the Company’s property. - Follow instructions given by their supervisors. CHAPTER II Working Hours and Each Leave Article 4 (Probationary Period) 4.1　　 An appointment to the service of the Company is valid when the applicant has: Received Letter of Employment and confirmed his acceptance in writing. Acceptance by an Employee means his confirmation of acceptance of the Company’s conditions of employment including their Regulations and disciplinary rules as well as his full understanding of the Labor Code. 4.2　　The probational period shall not exceed 90 days. During the probationary period, either the Employer or Employee may cancel the employment agreement at any time without compensation, if the work performed does not meet the Employer’s requirement or if the Employee does not want to work for Employer. Article 5 (Working Hours and Rest Hours) 5.1　　From Saturday to Thursday : 8.00 to 12.00 and 13:00 to 17:00 Employees may be requested to work on Friday by the Employer with overtime payment. Employee who works at the project site shall comply with the working time stipulated by the project manager as a rule. 5.2　　Employees work normal working hours - 8 hours per day or 48 hours per week under labor contracts. 5.3　　The Employer may change working hours and modify the shift/rotation if such a change complies with the Labor Code of Bangladesh and is deemed necessary by the Employer. The Employer must give the relevant employees at least 1 weeks’ notice of the change. Article 6 (Rest days) 6.1　　The rest days shall be as follows: (1) Weekly holiday: Friday (2) As a general rule, the days stipulated as holidays by the Bangladesh government. 6.2　 In case the holidays stipulated in Article 6.1 (2), not all holidays are applicable and shall be notified by the employer separately. Article 7 (Overtime Work) 7.1　 Overtime payment will be made to the Employee for the extra hours worked beyond 48 hours a week. The Employee may be required by their supervisor to work overtime when the Employer’s business requires. 7.2　 Overtime payment will be made in accordance with Article 17.1 of these Regulations. Article 8 (Annual Leave) 8.1　　An Employee shall be entitled to take 20 days of annual leaves in one calendar year, after completion of probation period. 8.2 An Employee must obtain the Employer’s approval, before taking the annual leave. 8.3　　An Employee who has not taken all the annual paid holiday, it cannot carry over the remaining annual paid holiday to another year. Article 9 (Casual Leave) 9.1 An Employee shall be entitled to take casual leave with the full wages for 10 days in a calendar year in case of emergency, i.e., parents, children, spouse and such leave shall not be accumulated and carried forward to the succeeding year. Article 10 (Sick Leave) 12.1 An Employee shall be entitled to take 14 days of sick leave in one calendar year. However, an employee must inform the employer and submit a doctor’s certification to the Employer. Article 11 (Other Leave) 10.1　 For other leave not included in the regulation, only allow leaves approved by the Employer. Article 12 (Unpaid Leave) 11.1　 An Employee must seek approval from his supervisor at least 3 days before taking unpaid leave. Article 13 (Report on whereabouts While on Leave) 13.1　 An Employee must inform his supervisor of his whereabouts before taking any leave, so that the Employer can contact the Employee in case of emergency. Article 14 (Special provisions on Female Employees) 14.1　 Female Employees must not work from 6 am to 10 pm in any case. 14.2　 Employers must ensure that pregnant women engage in non-hazardous work. 14.3　 Female Employees are given Maternity leave of 8 weeks before giving birth and 8 weeks after giving birth, for a total of 16 weeks. CHAPTER III Wages (Remuneration) Article 15 (Kinds of Wages) 15.1　 The wages paid directly to Employees are made up of: - Basic salary - Accommodation Allowance - Medical Allowance - Transport Allowance Article 16 (Monthly Salary) 16.1　 Monthly salaries paid to employees are made up of: (1) Basic monthly salary (2) Overtime payment 16.2　 Basic monthly salary is a payment for the work of 8 working hours a day. 16.3　 Basic monthly salary shall be reviewed and adjusted once a year, according to the performance, ability, and achievement of each Employee. 16.4　 The cutoff date for monthly salary is 25th of every month. The monthly salaries stipulated in Article 16.1 shall be paid once a month, on the last business day of the month. 16.5　 Overtime working/night work hours shall be multiple of 15 minutes. 16.6　 In case of tardiness (late coming to work), early leaving and taking the time-off of an Employer during the working hours for personal reasons with the approval of this supervisor, the amount of the monthly salary for that month shall be reduced respectively for the hours not worked. This settlement shall be made on the next salary. 16.7　 In case employees take unpaid leave, the amount of the basic monthly salary shall be reduced according to the number of days not worked. This settlement shall be made on the next salary. 16.8　 Withholding, if any other, from monthly salary shall be done after employees are well informed of its reason. 16.9　 In case an Employee is employed not on the 1st of a month, the monthly salary for the month when employed is paid by the day (based on the number of days worked). Such is the case with the month an Employee resigns from the Employer. Article 17 (Overtime Pay and Nightshift Pay) 17.1　 Overtime pay shall be paid to Employees who have worked more than 48 hours a week (based on the basic monthly salary) as follow: (1) Overtime rate for weekday: 1.50 (2) Overtime rate for public holiday: 2.00 Where an employee is allowed time off for the additional hours worked, the employer will only be required to pay the difference between the overtime rate and the wages based on the salary unit price or the salary applicable to his current job of a normal working day for the additional hours. Article 18 (Accommodation Allowance) 18.1　 30% of Gross salary is paid to employees. Article 19 (Medical Allowance) 19.1　 6% of Gross salary is paid to the employee. Article 20 (Transport Allowance) 20.1　 4% of Gross salary is paid to the employee. Article 21 (Festival Bonus) 21.1　The bonus will be paid twice a year to employees who have completed the Probationary period. Article 22 (Deduction of Income TAX) 22.1　 Income tax will be deducted from your salary in accordance with the rules of the Bangladesh Government Income Tax Department. Article 23 (Termination of Service) 23.1　 During the first three months of your probation, your employment can be terminated by the company without notice or payment in lieu, for deliberately misrepresentation or withholding of pertinent facts in securing employment and falsification of experience records can terminate suddenly without any notice. A month notice will be required for the termination of service from both sides. (Employer/Employee) 23.2　 The Employer may terminate any labor contract in accordance with Bangladesh labor regulations. CHAPTER IV Order in the Business Article 24 (Hiring) 24.1　The hiring of Employees will be made in accordance with Bangladesh labor regulations. Article 25 (Timecard/Timesheet) 25.1　 Employees must record in person (themselves) on time recorder (attendance recorder) their hours to start working and finish working every working day. Any kind of cheating/tempering of working hours may impose penalty. Article 26 (Side Job) 25.1　 You are not to undertake any engagement or assignment on an Ad hoc or part-time basis. Article 27 (Instruction and Authority) 27.1 An Employee always must follow instructions given by the Employer or his supervisor. An Employee must not act beyond the authority given to him but is encouraged to give positive opinions actively to the Employer or his superior. Article 28 (Report) 28.1　 Employees are required to inform the general affairs section of: (a) Current address. (b) Marital status. (c) Family dependents. (d) Home telephone number; and (e) Person to contact in an emergency. as soon as any of the above is changed. 28.2 Employees must immediately inform their supervisor of any setbacks/blunders/problems/troubles, and any malfunctions/breakdowns of machinery/ equipment. Article 29 (Loyalties) 29.1　 Employees must not do anything that loses the Employer’s business honor/reputation or that is against the Employer’s interests. Article 30 (Kickback) 30.1　 Employees must not get kickback, gifts, and entertainment from the enterprises or individuals who have business ties with the Employer directly or indirectly, without the approval of the Employer. Article 31 (Private Affairs) 31.1　 Employees must not do any private affairs during working hours. Article 32 (Duty of Confidentiality) 32.1　 Employees must not divulge or make use of any information about the Employer’s business, operations, finance, plan/projection including data, plan and documents, and intellectual properties. CHAPTER V Labor Safety Article 33 (Work Safety Equipment) 33.1　 Employees who work at the project sites must always wear and use work safety equipment provided by the Employer during working. Employees must keep work safety equipment with care in accordance with the rules set out by the Project Manager. Article 34 (Occupational Safety and Health) 34.1　 Employees must maintain neat appearance appropriate for work. 34.2　 Employees must keep office or project site is a clean, safe, and sanitary conditions. 34.3 　Employees must follow the occupational safety and health administration rules prescribed by the Employer. 34.4　 Employees can smoke only in designated smoking areas. CHAPTER VI Disciplinary Punishment Article 35 (Type of Disciplinary Punishment) 35.1　 In case an employee is in breach of the labor discipline, the following disciplinary sanctions shall be inflicted on such Employee, depending on the degree of the contravention: (A) Verbal warning (B) Written warning (C) Dismissal Article 36 (Cases of Disciplinary Punishment) 36.1　 Violation of, but not limited to, the following rules shall result in the disciplinary punishment. Carrying/taking drugs in the Employer’s premises and carrying weapons/firearms illegally in the Employer’s premises: The concerned Employees shall not be allowed to come to the Employer anymore. Article 37 (Others) 37.1 Any other conditions of employment not mentioned herein shall be governed by the Labor Code and other Bangladesh Regulations. Applicable Laws: These Regulations shall be governed and construed in accordance with the Labor Law of the People's Republic of Bangladesh. In addition of the Company regulations, Employees should follow and observe the following separate rules & regulations: 1. Office: SMCC Office Rules. 2. Document Control: Outline for SMCC’s Document Control Regulation. 3. Social Media: Social Media Usage Guidelines. 4. Harassment: Towards the Prevention of Harassment in the Workplace. 5. Covid-19: JV’s unified countermeasures against Covid-19 6. Dormitory: SMCC Staffs’ Dormitory Rules. 7. Canteen: Dining Hall Rules. Kitchen Staff Rules. 8. Service Cars: Rules of usage SMCC Service Car for Users & Drivers.