MSG Malaysia Regional Office HR Policy REV20180930

HUMAN RESOURCE POLICY GENERAL GENERAL The objective of this Human Resources Policy is to state the terms and conditions of employment for Miura South East Asia Pte Ltd Malaysia Regional Office’s employees. It is also the Company’s policy to comply with all relevant provisions of the various legislation affecting employee / employer and employer / employee relationship. This Human Resource Policy Manual’s custodian is the Human Resource & Administration Department and copies will only be given to authorized persons in the Company. The content of this Human Resources Policy Manual is to be kept strictly confidential and are intended for reference for the Company and the employees only. DEFINITION OF THE EMPLOYEES (S) The definition of “Employee(s)” covered by the Human Resources Policy are all employees of Malaysian nationality who have entered into written contract of services with the Company unless otherwise stipulated in writing by the Company. INTERPRETATION OF HUMAN RESOURCES POLICY The interpretation of the Human Resources Policy by the Company shall be final and the employees are deemed to be fully aware of the provision of the Human Resources Policy. Where there is any difference in respect of the meaning and interpretation of any matter in this Human Resource Policy, further reference should be made to the Human Resource & Administration Department for clarification. Where the context of this Human Resources Policy is translated into other languages, the English language version shall be the version for legal reference. Where the context so admits words importing the singular number shall include the plural number and vice versa and words importing the masculine gender shall include the feminine gender. Where the provisions of this Human Resources Policy apply to employees only, such provision shall cover both male and female employees. ACCEPTANCE OF HUMAN RESOURCES POLICY All employees who accept employment with Company shall be bound by provisions of the Human Resources Policy. However, contract staff will have different Terms and Conditions. Any special benefit offer to any employee, which is not stated or does not exist in the Human Resources or Company’s Policy, shall require an approval from Managing Director before any offer given to the employee. CHANGES IN EMPLOYMENT POLICY Where legal requirements compel, the provisions of the Human Resources Policy shall be changed accordingly. The Company at its own discretion may from time to time reserve the right to introduce, modify, amend, change, add or delete any content of this Human Resources Policy. The Managing Director shall approve all changes to the policies. The Human Resource & Administration shall advise all amendments, deletion and additions. TERMS AND CONDITIONS OF EMPLOYMENT STAFF CATEGORY Employees of the Company are categorized as follows:- STAFF CATEGORY DEFINITION Management Refer to employee who holds the position of Senior Manager, Manager, Assistant Manager and above. Non- Management Refer to those employees who are categorized as Senior Executive, Executive, Senior Supervisor, Supervisor, Clerk and so on. Employees are notified of his staff category at the time of employment. Any change to the staff category of an employee during employment shall be notified to the affected employee in writing. PRE-EMPLOYMENT CONDITIONS Before any candidate can be appointed as an employee of the Company, he shall fulfil the following conditions : That he is certified medically fit to serve the Company by the Company appointed doctor. That he provides documentary evidence acceptable to the Company such as his citizenship, age, educational qualification, previous salary, family particulars, race and or working experience. That when necessary, satisfactory replies regarding himself must be received from character references. That he must not make any false declaration or suppress any material fact in the application form. APPOINTMENT Any employment to the service of the Company is only valid when the applicant has received letter of appointment of employment and signified his/her acceptance to the same in writing. PROBATION AND CONFIRMATION An employee on first appointment shall be appointed for probation to enable the company to ascertain whether the employee concerned is suitable in all or any particular respect for employment. All newly engaged employees shall undergo a probationary period which shall not exceed 3 months for non-management position and 6 months for management position. Management Non-Management General Manager a. Supervisor Three (3) months Six (6) months Manager b. b. Executive Assistant Manager c. Clerk & Operator and so on Upon the expiration of the probationary period, the Company may at its sole discretion without providing with explanation confirm the employment of the employees with the Company, extend the probationary period for further period(s) of time or terminate the contract of service with the employee with prior notice. On successful completion of probationary period, an employee shall be notified of his/her confirmation of appointment in writing. The Company may or may not at its sole discretion adjust the basic salary of the employees upon confirmation. NOTICE OF TERMINATION Either party may terminate the contract of service by giving written notice without assigning any reason whatsoever as follows : During Probation : Management - 1 month (30 Days) Non-management - 2 weeks (14 Days) After Probation : Management - 2 months (60 Days) Non-management - 1 month (30 Days) Provided that either party may, instead of giving the appropriate notice, pay to the other party an equivalent sum of money as wage or salary in lieu of notice. An employee that wish to offset the whole or part of the required notice shall refer and seek for the Immediate Superior/Managing Director in-charged for approval before they can do so. Failure to obtain such consent would render him/her as being absent without leave. An employee shall surrender all company’s documents, files, employee’s id card, uniform, safety shoes, tools, keys locker or office and other company’s properties in his/her possession to the company not later than his physical working day upon his termination of service in the company. Employees under Training Bond with the Company shall be bound by its agreement irrespective of the provision under 2.3.1 above. WORKING DAYS, OFF DAY AND REST DAY The working days for the Company are from Monday to Friday. The Company may at its own discretion, change the official off day and rest day. Every employee shall be entitled to a full off day which shall be on Saturday and rest day which shall be on Sunday in each week or on such other days as may be determined by the Company. Should there be any change in the off day or rest day of the employee(s); the Company shall notify the employee(s) of their off day or rest day before the commencement of the month in which the altered off day or rest day fall. HOURS OF WORK 2.7.1 Hours of work for all employees shall be in accordance with the provisions of the Employment Act 1955. However the Company may change the time of work and hours from time to time at its own discretion to meet with the requirements of the Company’s business and all employees shall observe such time of work and hours of works decided by the Company. 2.7.2 The weekly normal hours of work are as follows:- - 39.50 hours per week (excluding meal breaks) 2.7.3 The daily time of work is as follows:- From 8:30 to 17:30 (Lunch Break 12:00 to 13:00, Except Friday 13:00 to 14:30 ) The starting and ending of each shift can be altered at any time by the Company. 2.7.5 Every employee shall report for duty punctually on each working day. Every employee shall be at his work place punctually at the time of commencement of work including resuming work after meal and tea breaks. 2.8.0 OVERTIME WORK Overtime work must be requested and approved by the Company prior to the commencement of overtime work and must be verified for overtime payment by the authorised personnel in accordance with procedure set up by the Company. Overtime is the number of hours carried out in excess of the normal hours of work per day at the request of the Company. All employees regardless of any department is required to grant the approval first from Manager or HOD (Head of Department) before any overtime start including Saturday, Sunday and Public Holiday. The overtime claims is counted on each and every 15 minutes. Overtime work shall be regulated in accordance with the Employment Act. OVERTIME PAYMENT The ordinary rate of pay and hourly rate of pay shall be in accordance with the Employment Act 1955 and any subsequent amendments. ORP = Monthly Rate of Pay 22 HRP = ORP Normal Hours of Work Employees whose salary under RM2,500 shall entitled to overtime pay based on the rate as follows :- Overtime on Work Day and & Saturday (Off Day) An employee who is required to perform work in excess of the normal working hours shall be paid at hourly rate of pay as follows: 1.5 times the hourly rate of pay Overtime Work on Sunday (Rest Day) An employee who is required to work on a rest day shall be paid at ordinary rate of pay as follows: Up to 4 hours his normal hours of work – 1 day wage More than 4 hours but less than his normal hours of work – 2 day’s wages Overtime Work on Public Holiday An employee who is required to work on any Company’s gazette paid holiday shall be paid as follows: 2 day’s wages at ordinary rate of pay in addition to the holiday pay which he is entitled. Excess of the normal working hours – 3 times the hourly rate of pay per hour For the purpose of this clause, an employee shall work a minimum of one complete hour in order to be eligible for overtime work payment. Payment shall be calculated based on the first hour plus every subsequent quarter hour of overtime worked. TIME CARD Based on the Company’s Time Management System, every employee shall be required to record his attendance of work by clock in / out his time when he commences and stops work unless otherwise stated in his contract of service. Every employee shall clock in / out his time card only. Any employee who clock in / out another person’s time card, or arranges for his time card to be clocked by another employee or otherwise tampers with his time card shall be subjected to disciplinary action in accordance with the Company’s Code of Conduct. LATE ATTENDANCE, LEAVING WORK EARLY AND TIME OFF 2.11.1 Every employee shall obtain the approval of his superior for taking time off during working hours in the following cases. ・Family matters (Family illness, childcare problems, relative funeral) ・Government procedure (I.C., Passport, Driving license, Birth certificate issue) ・Bank procedures (ATM card, Loan issue) ・Medical treatment without Medical certificate (Pregnancy checkup, dental treatment) 2.11.2 Other than above cases are deemed as late attendance, leaving work early. 2.11.3 In the event of failure to obtain prior approval, or frequent late attendance, leaving work early shall be subject to disciplinary action in accordance with the Company’s Code of Conduct. 2.11.4 Time off shall not be taken more than 2 hours in one time. ABSENT FROM WORK Every employee shall be present at work on all workdays unless prior written approval for absence due to valid reasons has been obtained from the immediate Superior. In the event of unforeseen circumstances where an employee is not able to obtain prior written approval of all the relevant superiors by applying on the prescribed form, the employee shall inform his superior of this absence from work immediately when he is able to do so by phone, message or any other means. If the immediate superior cannot be contacted, the employee shall be requested to give reasonable explanation for his absence to the satisfaction of any other officer of the Company from the same department. In the event of failure to do so, the employee shall render himself liable to disciplinary action in accordance with the Company’s Code of Conduct. Attendance record of each employee shall be taken into consideration for Attendance Allowance, Annual Increments, Promotions and Upgrades and also in other recognition reward programmes. UPGRADING AND PROMOTION The Company may promote employees from lower job levels to higher job levels and from lower categories to higher categories, based on the ratings of employees’ individual performance by the Company. The Company at its sole discretion, based on available vacancies promotes suitable and able candidates to any position of higher category as it deems fit. The upgrading and promotion shall be carried out by the Company at its sole discretion. When upgrading and promotion takes effect, the Company shall inform the employees concerned in writing. FORCE MAJEURE In the event of any force majeure e.g. flood, fire, disruption in supply of power, water, raw materials, etc. consequent upon which it is impractical for the Company to operate for any period of time, the Company shall as its absolute discretion institute any one of or in combination of the following arrangements :- To substitute the lost working time by the earliest available non-working day at normal rate of pay. To declare the day so interrupted as a rest day, and to replace such declared rest day by working on another rest day. To readjust the rest hours e.g. meal and tea break to minimise the lost time. To lay off the affected employees to make any other suitable arrangement. In the event of any force majeure e.g. fire, war, riots, civil commotion, strike, etc. or Government Action or Legislation including nationalisation or other circumstances beyond the control of the Company where upon it is impracticable for the Company to continue any of its operations profitable, the provisions in the Human Resources Policy shall have no application to the Company or its employees. LAY-OFF AND TERMINATION BENEFIT As per Employment Act 1955 and Employment (Termination and Lay-Off Benefits) Regulations 1980. RETIREMENT The normal retirement age for every employee either male or female shall be 60 years. The retirement age of an employee shall be determined by the date of birth appearing either on his birth certificate or identity card. The retirement age may be extended on a personal basis at the discretion of the Company. PUBLIC HOLIDAYS Every employee shall be entitled to seventeen (17) days paid holidays at his ordinary rate of pay in any one calendar year. The seventeen public holidays are as follows :- New Year’s Day - 1 day Federal Territory Day - 1 day Chinese New Year - 2 days Hari Raya Puasa - 2 days Hari Raya Haji (Qurban) - 1 day Labour Day - 1 day Awal Muharam - 1 day Wesak Day - 1 day Yang Dipertuan Agung’s Birthday - 1 day Hari Nuzul Al-Quran - 1 day Malaysia Day - 1 day National Day - 1 day Birthday of Prophet Mohammad - 1 day Deepavali - 1 day Christmas Day - 1 day The Company shall notify all employees on all the Public Holidays on the Company’s notice board. Any sudden proclaimed Public Holidays from the Malaysian Government or the State Ruler which is not gazetted as Company Public Holidays will be declared as Public Holiday. The Company will pay the Public Holiday rate for hours worked on such particular days. If the above paid holidays fall on Sunday, the working days immediately following shall be taken as Rest Day. When above paid holidays fall on Saturday, the following Monday shall become Off Day. An employee who is absent from work on the working day immediately before or after the paid holidays(s) or any substitution thereof without prior permission of the Company or without satisfactory reason shall not be paid for the holiday(s) and shall render himself liable to disciplinary action for being absent without leave. ANNUAL LEAVE Every employee shall be entitled to paid Annual Leave on the following basis. 1st year of employment 12 days 2nd year of employment 13 days 3rd year of employment 14 days 4th year of employment 15 days 5th year of employment 16 days and onwards Company will encash unutilized annual leave balance at the end of the year. Application for Annual Leave shall be made to Human Resource and Administration Department three (3) days in advance with the approval of his Head of Department or Manager. An employee shall not proceed on Annual Leave unless the application has been approved by the Company. Only on special cases such as in an emergency, prior notice of the three days may be waived with the approval of his Head of Department or Manager and Human Resource and Administration Department. All certificates, which are pertaining to Compassionate Leave, Sick Leave, Marriage Leave, birth/death and others, should be attached in supporting employee application. In failure to do so, employee shall be deemed to have absented. Leave application through phone calls or SMS will not be attended except for reasonable emergency cases and shall fill in the Leave Application Form on the first day he/she resumes duty. No employee shall proceed on annual leave without prior permission of the Company and if an employee proceeds with leave without approval/consent from immediate superior or department head shall be subjected to disciplinary action. If an employee terminates his service in accordance with his contract of service before he has taken his Annual Leave, the Company shall pay for leave not taken as on the day of termination of service. Nevertheless if an employee is dismissed or resigns from the Company to avoid dismissal, he/she shall not be entitled to any payment for Annual Leave not taken. If an employee who is on Annual Leave falls ill during the period of such leave he shall be deemed not to be on Annual Leave on the day(s) he is duly certified to be sick. The Company shall adjust accordingly the Company’s record of the employee’s Annual Leave entitlement. Application for unpaid leave shall not be allowed should there be any balance of Annual Leave at the time of application. An employee shall not ordinarily be eligible to an advance of Annual Leave. The Company may at its sole discretion schedule Annual Leave on one or more days during the year and any employee who has been scheduled to take such Annual Leave shall take such leave accordingly. The Annual Leave entitlement is based on the anniversary date of employment of the employee. Application of half day (1/2) leave is allowed. AM half day leave – 08:30 to 12:00                        PM half day leave – 13:00 to 17:30             MATERNITY LEAVE Every female employee shall be entitled to Maternity Leave for a period of 60 consecutive days including any rest days and public holidays during such period of 60 days in respect of each confinement and, subject to the provision of the Employment Act 1955 Part IX, shall be entitled to receive a Maternity Allowance of a maximum pay of 60 days’ wages. A female employee shall notify her employer/Immediate Superior within four months from the date of her pregnancy and if she fails to do so, she shall not be entitled to receive any maternity allowance. A female employee applying for Maternity Leave shall support her application with a certificate from a registered medical practitioner or a government maternity clinic. Application for Maternity Leave shall be made not less than one month before the date the employee desires to take Maternity Leave. Maternity Leave shall not commence earlier than 30 days immediately preceding the confinement or later than the day immediately following her confinement. Absence from work due to miscarriage or abortion shall be treated as normal Sick Leave under clause 2.21.0. A female employee who is about to leave her employment in order to join the Company and who knows or has reason to believe that she will be confined within four months from the date upon which she leaves shall before leaving her employment notify her employer of her pregnancy and if she fails to do so, she shall not be entitled to receive any Maternity Allowance from such an employer. A female employee who has been granted Maternity Leave who fails to resume employment for more than 2 consecutive working days after the expiry of her Maternity Leave without informing or attempting to inform the Company shall be deemed to have terminated her employment with the Company. Notwithstanding the above, a female employee shall not be entitled to maternity allowance if at the time of confinement she has 5 or more surviving children. PATERNITY LEAVE (FOR CONFIRMED STAFF ONLY) Married male employees shall be granted paid paternity leave for a maximum of 3 consecutive days for the birth of his legal child of his 1st legal married wife, effective from the date of the delivery. Paid paternity leave shall only be granted for a maximum of five surviving children. If the days taken coincides with an off day, rest day or public holiday, the number of leave given will reduced accordingly A copy of the child birth certificate should be submitted to Human Resources and Administration Department within 7 working days of the child if the birth certificate is not received on due date, annual leave will be deducted accordingly. MEDICAL LEAVE OR SICK LEAVE Every employee except Management level is not allowed to undergo Medical treatment from specialist unless being recommended by the clinic and prior approval is obtained from the Chief Regional Officer. The company shall deemed the employee to have absented himself from work due to illness and does not inform and attempt to inform the company within 48 hours of his absence, shall be deemed to have absent from work without permission of the Company. Medical leave shall not be granted to an employee, who is in the opinion of a Doctor, absent from work because of any illness, disease or injury that is self-inflicted or the result of misconduct, attempted suicide, the performance of unlawful act, the use of drugs not prescribed by a doctor, illegal attempt of abortion, excessive consumption of alcohol, aids, exposure to any unjustifiable hazard except endeavouring to save human life, provoked assault or any breach of the peace or disorderly conduct. Employees who wish to seek medical consultation during working hours should ask for consent from his/her immediate superior or respective department head. After obtaining approval from the immediate superior or department head, the employee concerned should obtain Medical Chit from Human Resource and Administration Department. The Medical Chit should be presented to the panel clinics seeking medical consultation and should return the other portion to Human Resource and Administration Department after consultation. An employee shall, after examination at the expense of the Company by a registered medical practitioner appointed by the Company, or if the services of the medical practitioner so appointed are not obtainable within a reasonable time or distance, at its discretion of the Company, by any other registered medical practitioner or officer, or a dental surgeon, be entitled to paid Sick Leave where no hospitalization is necessary as follows :- Length of Service No. Of Sick Leave Days Less than 2 years 14 days Between 2 to 5 years 18 days 5 years and above 22 days Where hospitalization is necessary, employees are entitled to sick leave of 60 working days, which include normal which include normal medical leave entitlement. Should an employee been hospitalized, he/she must inform the Human Resource and Administration Department of his/her admission within 48 hours so that arrangement could be made for letter of guarantee or ward transfer if necessary. Upon discharge from hospital, the employee concerned should fill the Leave Application Form and submit the letter of admittance/discharge and any medical certificate to the Human Resource Department on the first day when the employee resumes work. Any employee who wish to make reimbursement for the medical expenses is require to complete Medical Expenses Claim Form and attached together with all relevant and supporting receipts to his/her reporting Manager for his/her approval before submitting to Human Resource and Administration Department. The claim must be submitted to Human Resource and Administration Department on or before 1st of each month for reimbursement. RULES AND REGULATIONS DAILY ATTENDANCE An employee’s daily attendance at work is based on the punching of his/her punch card on every working day. Punching of punch card must be done whenever reporting for work and whenever clocking out from work. Employee who has failed to punch either one of the required procedures is deemed to have not completed one full working day and will not be paid one full day wages for that day. Employee may however approach Human Resources and Administration Department should he/she fails to punch his / her punch card. No employee is allowed to punch another employee’s punch card. Any employee who was caught punching another employee’s punch card or requesting other employees to punch his / her punch card shall be subjected to instant dismissal. COMPANY PROPERTY All equipment or items purchased at the company expenses are classified as company’s property. Employee will be issued relevant equipment to perform task. Employees shall ensure proper handling of the equipment issued to them. Any equipment lost or found damaged as result of negligence shall be replaced at the employee’s own expenses. Failure to replace may result wages deduction of its actual value from the final payment wages. All Company Property entrusted to each employee shall be returned to the Company before he leaves the employment of the Company. In the event of failure to do so, the Company may recover the cost of such Company Property from him. Every employee found guilty of vandalism or damage to Company Property shall be liable to pay for the damage. An employee who has not returned Company Property to the Company before he leaves the employment of the Company or engages in vandalism or damage to Company Property shall be liable for legal action. REMOVAL OF COMPANY PROPERTY All equipment and materials must not be removed from the company premises without proper authorization from his/her Head of Department or Manager. Every employee who, in the course of his work, is required to take Company Property out of the Company premises for any reason whatsoever must obtain approval from his/her Head of Department or Manager. USE OF COMPANY PROPERTIES OR FACILITIES Company properties or facilities such as company’s car, hand phone, camera and etc. shall be used solely for the purpose of work connected with the Company business only. Any company properties or facilities lost or found damaged as result of negligence shall be replaced at the employee’s own expenses. Failure to replace may result wages deduction of its actual value from the final payment wages. Where the use of company’s hand phone other than in connection with the Company’s business is desired, every employee except management level who has been given company’s hand phone shall be liable to pay for the cost incurred by wages deduction by Human Resources and Administration Department. CONFIDENTIALITY No employee shall divulge, communicate or discuss in any matter with another company / companies or another person / persons outside of Company at any time during or after the period of his employment in the Company, any information that he has, in the course of his employment, such as the Company’s policy, business data, inventions, improvement, formulae, memorandums, drawings or other records. EMPLOYEE’S PERSONAL PARTICULARS Every employee is required to fill in the Company’s personal record form as accurately as possible. All employees are to notify Human Resources and Administration Department regarding change of home address or personal details such as telephone number, marriage, child birth and etc. CODE OF CONDUCT It is expected that all employees shall conduct themselves at all times in a manner which brings credit to themselves and the Company. In order to do this, all employees shall follow and maintain the Company’s Code of Conduct at all times. The term “Misconduct” shall be deemed to mean and include the following minor and major acts of misconduct:- Minor Misconduct The following acts or conduct shall be treated as minor misconduct. Employees so involved are liable to warnings or in the case of repeated misconduct to suspension from work without pay up to maximum of 3 working days or to any other disciplinary action which the Company deems fit. Absence without official leave. Tardiness. Careless or negligent work. Laziness, inefficiency or loitering during working hours. Attempting to obtain leave by false pretences. In the case of male employees, sporting long hair. Not keeping the work place clean and tidy. Eating in Company premises except in approved areas. Not keeping proper care of Company property. Quarrelling in Company premises. Late attendance or late arrival for duty. Using abusive or discourteous language during working hours. Any other misconduct not mentioned above as may be determined by the Company from time to time or inciting, influencing or aiding another employee to commit any of the above minor misconduct. The Company may at its absolute discretion determine any other misconduct to be taken as a minor misconduct. The Company may at its absolute discretion determine any of the above misconduct to be treated as gross misconduct. Major Misconduct The following acts or conduct shall be treated as gross misconduct for which employees is liable to warning, suspension without pay up to two weeks, demotion to lower grade, dismissal or any other disciplinary action which the Company deems fit. More than 2 repetition of the minor misconduct within 12 months. Switching on or operate machinery when it is not his or her duty to do so unless with good reason. Leaving assigned work area during working hours, except under emergency circumstances, without permission from the immediate superior. Continuous absence from work for more than 2 days without leave or reasonable excuse for such absence. Wilful insubordination or refusal to carry out reasonable and lawful instruction of a superior. Refusal to work. Gross negligence at work. Wilful slowing down in performance of work. Sleeping in Company premises. Punching another employee’s time card or arranging for another person to punch his own time card. Failure to resume employment without cause on expiry of maternity Leave. Any false declaration or misrepresentation regarding his personal particulars. Refusal or failure to allow security personnel to conduct spot checks. Organising, holding, attending or taking part in any meeting within Company premise which is not in connection with the Company’s business without obtaining the prior permission of the Company. Displaying, posting or distributing any documents, circulars or publication within Company premises or removing the same without prior permission of the Company. Breaching the Company’s rules relating to confidentiality. Lending or borrowing money in Company premises in circumstances prejudicial to good discipline. Committing any act of subversion contrary to good discipline in the Company. Smoking in prohibited places. Theft or dishonesty. Fighting, whether provoked or otherwise. Drunkenness, intoxication, being in possession of alcoholic drinks, disorderly conduct, indecent behaviour, intimidation, coercing or interfering with the work of other employees whilst in Company premises. Gambling in Company premises. Sexual harassment. Spreading subversive rumours or instigating others to break Company rules and regulations. Wilful or negligent action resulting in damage to Company property. Conviction by any court of law on any offence. Committing an act which is detrimental to the Company’s good image or interest. Possession of any lethal weapons in Company premises. Taking, using or dealing with distribution of drugs inside or outside the Company premises. Any other misconduct not mentioned above as may be determined by the Company from time to time or inciting, influencing or aiding another employee to commit any of the above major misconduct. The Company may at its sole discretion determine any other misconduct to be taken as a gross misconduct. The Company shall maintain a record of misconduct in respect of which an employee is warned or suspended. The repeated commission of a minor misconduct will result in subsequent misconduct being treated as gross misconduct. The following disciplinary procedure instituted shall be progressive and applicable, but avenues are provided for the employee to voice his grievances or defend himself. Either verbal or written warnings are given for various misconduct / s; Show cause letters are given for repeated misconduct or serious gross misconduct. Dismissal from the Company for employees who receive frequent warnings, frequent disciplinary counselling or final warning. DISCIPLINARY REGULATIONS The Company may, at its sole discretion, conduct the domestic inquiry for the fair and reasonable investigation of the misconduct. Such domestic inquiry shall be conducted in the following manner: The domestic inquiry shall be instituted as early as possible after the alleged misconduct. Human Resource and Administration Department Manager or Personnel shall present particulars of the misconduct in writing and the alleged employee shall be given a reasonable time for his explanation before inquiry. All inquiry (ies) is to be conducted by an inquiry board, as far as possible by such officer(s) not directly connected with the investigation of the misconduct so as to give the hearing impartiality. Examination of relevant witness (es) is to be allowed in the presence of the alleged employees as far as it is reasonable. Notes in the form of questions and answers and final recommendation are to be recorded to show that the inquiry was proper and the recommendation arrived at was fair. Depending on the nature of misconduct, the Company may after due inquiry including the domestic inquiry provided in 3.14.1; Dismiss the alleged employee without notice Downgrade the alleged employee Impose any lesser punishment to the alleged employee as the Company deems fit BENEFITS TRAVELLING EXPENSES With its prior approval, the Company shall grant to all employees engaged in travelling on Company’s business using their own cars, a mileage claim as follows, in addition to the incidental parking and toll charges upon producing the relevant tickets / receipts. Applied to all job levels: Car - RM 0.70 per / km (mileage claim) The above mileage claim shall not apply for normal daily commutation to work. The mileage claim is based on accumulated total trip per day. All Company owned vehicles shall be under the control of Human Resource and Administration Department and any employee who requires the use of Company owned vehicles for Company’s business must obtain prior approval from the said Department. MATRIMONIAL LEAVE OR MARRIAGE LEAVE Every employee shall be eligible to 3 days paid leave on the occasion of his first legal marriage only, provided that his marriage is contracted whilst he is employed by the Company. Every confirmed employee shall be eligible to 1 working day paid leave on the occasion of the marriage of his own legal children from his first legal spouse. Application for matrimonial or marriage leave shall be made to Human Resource and Administration Department one month in advance with the approval of his Manager. The employee’s certificate of marriage shall be produced for inspection by the Human Resource and Administration Department Manager or Personnel on the first day of his return of work. COMPASSIONATE LEAVE Every employee shall be eligible for not more than a total of 5 days Compassionate Leave in each calendar year in the following circumstances : Death of immediate family - 3 days Death of semi-immediate family - 2 days For the purpose of clause a) and b), Immediate family : Employee’s first legal spouse Employee’s child born by first legal spouse Father / Mother Semi-Immediate family : Grandfather / Grandmother Father / Mother In-law Brother and Sister Where Compassionate Leave is requested by an employee, the onus shall be upon him to produce evidence such as death certificate, permit of buried and etc. to the satisfaction of the Company in order to qualify for Paid Compassionate Leave. In the event that it is subsequently found that the leave has been obtained through misrepresentation of facts, the employee granted such Compassionate Leave shall be subjected to disciplinary action in accordance with the Code of Conduct. Application of Compassionate Leave shall be made within 24 hours of it occurring. MEDICAL EXAMINATION AND MEDICAL BENEFITS Employee may be required at any time with the discretion of the management, to undergo a general medical examination at the company’s appointed clinic or government hospital. If as result of the above medical examination, the employee is confirmed to be suffering from any illness which require further treatment, the employee concerned must undergo the treatment as recommended by the doctor, failing which company may take necessary action the company deem fit. a) The employee of Management and his immediate family member shall be eligible for free medical attention, treatment and medicines from the Company Panel Doctors, other company’s appointed clinic or hospital, Government Hospital or any other clinic or hospital within the company jurisdiction. b) The employee of Non-management shall be eligible for free medical attention, treatment and medicines of not more than 10 visits (maximum RM1,000-00) per year from the Company Panel Doctors, other company’s appointed clinic or Government Hospital. For the purpose of clause 4.4.3a), immediate family shall have the following meaning : Employee’s first legal spouse Employee’s children below 18 years born by first legal spouse Medical attention shall be limited to 10 visits (maximum RM1,000-00) per year per each of the employee. His/her immediate family member shall be limited to 20 visits (maximum RM2,500-00) per year per family. In the event of an employee being hospitalised, the employee shall be eligible for the benefits in accordance to the Company Group Hospitalisation scheme. The Company shall not bear the medical expenses, ward charges or any cost for any of the followings: Medical, surgical or other appliances related, including spectacles or glasses. Dentures, dental or optical charges. Any expenses in respect of pregnancy, confinement, miscarriage, mental cases or cosmetic/ plastic surgery for purpose of beautification. Any expenses arising out of self-inflicted injury, illness or disease caused by misconduct. Any expenses in respect of treatment arising from the proven unlawful use of drugs or narcotics. Any expense relating to dieting, vitamin tablets, contraceptives or other medication for general health purpose or immunization purposes. Any expenses incurred in respect of illness, injury or disablement arising from any fault, carelessness, indiscretion of the employee, participation in or attending any hazardous sports, pursuit of pastime, attempted suicide, the performance of any unlawful act, exposure to any unjustifiable hazards, provoked assault, congenital anomalies, illegal abortive measures, excessive use of alcohol and any breach of the peace or disorderly conduct. Any expenses relating to pregnancies including childbirth, caesarean operation, abortion, miscarriage, whether natural or accidental and all complications there from, sub-fertility and infertility. Any expenses for treatment in mental cases which have been certified by a Government Doctor in-charge of mental illness. Suicide or attempted suicide, while sane or insane, or intentionally self-inflicted injury. Any fees charged by the medical specialist who is not appointed by the Company or whom the employee has consulted without prior recommendation of the Company Panel Doctors and approval of the Human Resource and Administration Manager or Personnel. Employee good health is one important aspect stressed by Company. In order to achieve good health and also to prevent abuse of drug, any employees shall be eligible for annual medical check-up within December. If the employee is below 35 years old shall be entitled the Package A for the annual medical check-up as follows :- Package A Physical Examination Chest X-ray ECG Ultrasound (Gall Bladder, Liver, Pancreas, Kidneys, Uterus only) Blood & Urine Test (Blood group, Anaemia, Diabetic Mellitus, Cholesterol, Kidney function, Liver function, Nutrition, Urine sugar, Urinary infection, VDRL, AIDS, Hepatitis B, Thyroid function, Rheumatoid Arthritis only.) If the employee is above 35 years old shall be entitled the Package B for the annual medical check-up as follows :- Package B = Package A + Cancer Factor Cancer Factors Male : General cancer factor, Liver cancer, Lung cancer, Pancreas cancer, Prostate cancer, Colon cancer only. Female : General cancer factor, Liver cancer, Lung cancer, Pancreas cancer, Prostate cancer, Ovary cancer, Breast cancer, Colon cancer only. For determination of employees’ age, the cut-off date shall be 31st December. Such medical check-up shall be arranged by Human Resource and Administration Department. PROLONGED ILLNESS An employee who suffers from a Prolonged Illness, disease or injury as may be certified by the Company Panel Doctors, other company’s appointed clinic or Government Practitioners shall be eligible for paid Prolonged Illness leave subject to the following conditions : That he has served the Company for a minimum of one (1) year continuous service as at the date on which the diagnosis was made known to the Company. That the Prolonged Illness, disease or injury is not due to congenital anomalies; and That the Prolonged Illness / Disease do not fall outside the scope of SOCSO. Subject to the above conditions in clause 4.5.1 being met, an employee shall be eligible for Prolonged Illness leave with pay as follows : Three (3) months with full pay ; and Three (3) months with half (1/2) pay after the first three (3) months. An employee shall only be entitled to either Prolonged Illness leave herein of Sick Leave under section 2.21.0 and not both. Failure to comply with the instructions of the Company Panel Doctors or Government Practitioners shall automatically disqualify the employee from the benefit of this article. An employee who has been certified as eligible for this article by the Company but is unable to resume the normal work after the Prolonged Illness leave shall be deemed to have repudiated his service contract with the Company. MEDICAL BOARDING OUT If the employee is unable to perform his duties for medical reasons, the company shall consider medical boarding out to the employee. The company shall consider the recommendation from the company’s panel doctor or Government Hospital Board before making decision regarding the medical boarding out. TRAINING AND DEVELOPMENT It is the policy of the Company to encourage appropriate Training and Development Programme to selected employees locally and / or overseas as and when necessary so that employees will have the opportunity to learn new and latest techniques and skills in their respective filed (s), thus will be able to contribute more effectively to the overall development and expansion of the Company which is of mutual benefit. Employees who are required to attend Training and Development Programmes, Seminar or Symposium overseas shall be required to enter into a BOND OR AGREEMENT with the Company (i.e. to serve the Company for a period of time / number of years). The period will be determined by the Company based on the respective Training and Development Programmes. Employees who are required to attend Training and Development Programmes of Short Term or Long Term courses amounting to 3 months or more in Malaysia shall be required to enter into a BOND OR AGREEMENT with the Company. The period of bond will be determined by the Company based on the respective Training and Development Programmes. SOCSO / EPF In compliance with statutory requirement, deductions in respect for Employee Provident Fund (EPF) and the Social Security Organization (SOCSO) and other approved deduction by the authorities shall be taken into consideration for purpose of salary computation. The employee and employer who is Malaysian Nationality shall contribute in accordance with SOCSO / EPF Act. In the event of injury or illness or death sustained in an accident or otherwise in the course of work, the employee or his immediate family must make a SOCSO claim through the Human Resource and Administration Department. No employee shall be entitled to Paid Sick Leave for a period during which he is receiving any compensation for disablement under the Employees Social Security Act 1969. SALARY ADMINISTRATION WAGES AND SALARY Wages shall have the same meaning as appearing in the relevant section of the Employment Act 1955. All employees are employed on a monthly rate of pay. The employee’s initial remuneration will be specified in their contract of service or a letter of appointment. He will be informed of any subsequent changes by an official letter from the Company. ANNUAL INCREMENT OF BASIC SALARY AND WAGES The Company may at its sole discretion conduct an Annual Increment exercise of basic salary and wages once a year. Such annual increment of basic salary is conducted effective on April 1st of each year, unless otherwise determined by the Company. Such annual increment shall be granted only to confirmed employees based on several criteria such as the result of their performance, capability and appraisal, the Company business performance and the labour market trend. The amount of such salary increments will be at the effective date of the annual increment. The Company may at its sole discretion change the effective date of the annual increment. For computation purpose of the annual increment of basic salary and wages, any incomplete month of service of more than 15 days shall be regarded as a full calendar month. DATE OF SALARY AND WAGES PAYMENT All employees shall be paid once a month as determined by the Company. Currently, all employees shall receive their monthly salary once a month on the 5th day of each month. Where the normal date of payment as specified in this clause falls on an off day, a rest day or a public holiday, the working day immediately preceding shall be the pay day accordingly. All employees’ salary will normally be credited into their respective bank accounts. The Company may at its sole discretion change the date of payment, methods and wage period by giving prior notice to its employees. BONUS Bonus may at the sole discretion of the Company be paid to all eligible employees who are in service with the Company at the time of the effective cut off date declared by the Company and at the time of the payment date. The amount of Bonus to be paid shall solely be determined by the Company based upon the service period of the employee and the profit and performance of the Company. The Company reserves the right to determine and alter the eligibility criteria for Bonus payment and the quantum of Bonus payment to its employee. An employee who has not confirmed his / her status of employment and still under probation period shall not entitle to receive a Bonus. An employee who has not completed a full service year shall receive a Bonus only in proportion to the number of calendar months he has been employed by the Company. The date for payment of Bonus to all employees shall be determined by the Company. For the purpose of Bonus computation, any incomplete month of more than 15 days shall be regarded as a full calendar month. BUSINESS TRIP Business Trip shall mean a trip made by employees to a distance which exceeds 100km (except KL, Selangor) at the instruction of the Company for the purpose of carrying out Company’s business. The prior approval from the Company shall be obtained for any Business Trip on the “Overseas / Outstation Trip Approval Form” and shall be submitted to Human Resource and Administration Department for the necessary advance payment for the trip expense. Employees on their return from business trip shall write and submit the “Business Trip Report” together with “Overseas / Outstation Trip Expenses Claim Form” for the approval of the Company and for the settlement of the advance payment. Employees should follow Supplementary rules to claim for Business Trip expenses. This Human Resource Policy was approved by Board of Director Meeting of Miura South East Asia Pte Ltd held on 18 January 2016.