a eae a PG APeL test ote 2 CEIVE Republic of the Philippines Department of Labor and Employment jugs, 78 fo ——— eee a NATIONAL LABOR RELATIONS COMMISSION ee A Regional Arbitration Branch No. II = City of San Fernando, Pampanga JAKE BRYSON R. DANCEL, Complainant/s, ~versus- NLRC Case No. RAB-III-10-2346-15 TQOR PHILIPPINES JULIET GESLANI & ARLENE GANDEZA Respondent/s POSITION PAPER (For the Respondent) COMES NOW Respondent through the undersigned in her capacity as Assistant, Vice President for Operations Support-HRD unto this Honorable Office most respectfully submits this POSITION PAPER and alleges, based on facts and applicable laws, to wit: STATEMENT OF FACTS AND OF THE CASE Complainant Jake Bryson R. Dancel before his termination was employed as a Customer Service Representative by Respondent iQor at its office at Clarkfield, Pampanga. Respondent is a business process outsourcing company that services many clients in a variety of industries, hence time and presence is essential to the business. a1Respondent must schedule its employees as necessary to meet its business requirements. Complainant, like all employees, was required by Respondent to meet certain attendance requirements. Businesses create staffing plans to meet important operations needs, and each worker fills a critical role. Poor attendance can result in ineffectiveness, loss of productivity and loss of customers or clients, all of which affect company earnings and profits, Respondent's Attendance Policy’ describes the attendance requirements employees must meet, the manner in which they must communicate these absences, and the corrective actions Respondent would take when ‘employees failed to meet these requirements. Principle Number 8 of iQor's Company's Code of Conduct” also states: Be punctual We carefully schedule employee activities, and rely on strict, adherence to these schedules to deliver exceptional service to our clients. As such, we expect you to understand your schedule and adhere to it. You must not, without prior ‘communication and approval from your supervisor: Be unexpectedly absent from or tardy from work; Cease work prior to the time you are expected to finish; or, Take excessive or unscheduled breaks. If you need to deviate from your schedule, you must tell your supervisor. Complainant received a copy of the Code of Conduct and Attendance Policy and was aware of it, and he was aware of the importance of adhering to both. Regular attendance and punctuality in the Complainant's nature of business is extremely important because the nature of the customer service work entails timely service which can only be delivered at work at the right time and at the right place. Complainant's work is not something that allows for flexibility in time; his job requires him to come to the office at his designated work schedule so that he can provide his services to the customers who needed his assistance and aid at that particular time of the day. * ttached and Marked as “Annex 1”, "Annex1-A", “Annex 1-8" attached and Marked as "Annex 2", “Annex 2-A", “Annex 2-8", “Annex 2:C"Respondent issued a Final Written Warning’ to Complainant because of his non- compliance to Respondent's Attendance Policy on July 11, 2015, specifically because he had received his 6" Attendance Occurrence Points under the said policy. Complainant did not report for work for two days, July 9 and July 10, 2015 and failed to notify his manager of such. The Vice President of the program that he was working for gave him thirty (30) days to improve on his attendance. Respondent reminded the Complainant of the importance of adhering to the Company Policy and warned him of the consequences of failing to adhere to it. In total disregard for Respondent's reminder and warning, Complainant continued to incur attendance infractions/occurrence points under Respondent's Attendance Policy. For the whole month of July Complainant incurred sixteen (16) ‘occurrence points, in August another seventeen (17) points and on September sixteen (16) occurrence points. ; Nature of | Infraction | Running Detect batrection Infraction Points Points ‘Sunday, July 12, 2015 Tard 05. 135 Monday, July 13, 2015 Tard 05: 14 Thursday, July 16, 2015 Tardy Os 145 Friday, July 17, 2015 Tardy 0s 15 Saturday, July 18, 2015 Tardy Os 155 [— ‘sunday, July 19, 2015 ‘Absent 1 165 | Monday, July 20, 2015 Tard 05 v7 Thursday, July 23, 2015 Tard 0s: 75 Friday, July 24, 2015 Absent 1 185 Sunday, July 26, 2015 Tardy os 19 ‘Monday, July 27, 2015 Tardy Os 195 Thursday, July 30, 2015, Tardy 05 20 Friday, July 31, 2015 Tardy os 205 Saturday, August 01, 2015 Tardy os 21 Sunday, August 02, 2015 _Tardy os 215 | Monday, August 03, 2015 Tardy Os 22 | Friday, August 07, 2015 Tardy OS 225 Monday, August 10, 2015 | __Tards 05 23 Saturday, August 15, 2015 Tardy 05: 235 Sunday, August 16, 2015 Tard 0s 24 Monday, August 17, 2015 Tardy os | 245 » petached and Marked as “Annex 3", “Annex 3-A” a|PageThursday, August 20, 2015 Tardy os 25 Friday, August 21, 2015, Tardy 05 255 Saturday, August 22, 2015 ‘Absent ii 265 ‘Sunday, August 23, 2015 ‘Absent i 275 Monday, August 24, 2015 ‘Absent 1 285 Thursday, August 27, 2015 Tardy 05 29 Friday, August 28, 2015 Tard Os 295 ‘Sunday, August 30, 2015 Tardy — Cage (ees Monday, August 31, 2015 Tard Os. 305 Thursday, September 03, 2015 Tardy 05 31 Friday, September 04, 2015 Tard Os 315 Saturday, September 05, 2015 Tard 05 32 ‘Sunday, September 06, 2015 Tardy 05: 325 Saturday, September 12, 2015 Tardy Os 33 ‘Sunday, September 13, 2015 Tard Os 335 Monday, September 14, 2015 Tardy 0s 34 Friday, September 18, 2015 Tardy 0S 345 | Saturday, September 19, 2015 Absent 1 35.5 Because of Complainant's repeated attendance infractions, Respondent served Complainant with a Memorandum‘ for his repeated violations of the Company's Attendance Policy on September 19, 2015 requiring him to submit a written explanation jess, which he acknowledged and signed. Dancel submitted his explanation’ on September 22, 2015, in why ne disciplinary action should be imposed on him for his habitual tar which he only addressed the infractions which are the subject of the Final Written warning issued to him on July 10, 2015. Respondent found Complainant's explanation unsatisfactory and served him with the Notice of Decision® on September 26, 2015, informing him of his termination from the service for serious misconduct and gross and habitual neglect of duty, in the presence of Assistant Vice Presidents of Operations Juliet Geslani and Arlene Gandeza. Complaint filed the complaint in this honorable office on October 20, 2015, however on November 5, 2015, Complainant voluntarily executed a Deed of Release and * attached and Marked as “Annex 4”, “Annex 4A” ® ‘nttached and Marked as “Annex 5" ® attached and Marked as “Annex 6" , “Annex 6A” alpsQuitclaim’ in Respondent's favor following his receipt of a check in the amount of thirty- seven thousand two hundred fifty-one and 16/100 (PHP 36, 251.16). The Deed of Release and Quitclaim states in pertinent. Thereby release and discharge the Company, and/or its directors, officers, managers, representatives, or agents from any and all claims by way of unpaid wages, separation pay, retirement pay, holiday pay, service incentive leave, thirteen month pay, retirement pay, SSS and Medical contributions, overtime pay, differential pay, and other benefits or otherwise as may be due me incident to my past employment with said establishment. I hereby state further that I have no more claim, right, or overtime pay, action of whatsoever nature, whether past, present or contingent against said the Company and/or its directors, officers, managers, representatives, or agents. Now this case. ISSUES 1. Whether or not Complainant Jake Bryson R. Dancel was illegally dismissed. 2. Whether or not Complainant Jake Bryson R. Dancel is entitled to back wages and other money claims. ARGUMENTS 1. Respondent did not illegally dismiss Complainant. Respondent terminated Complainant's employment for just cause and after following due process. Specifically, Respondent terminated Complainant's employment because he continued to incur attendance infractions and violate the Respondent's Attendance Policy. Article 282 of the Labor Code provides that one of the just causes for terminating an employment is the employee's gross and habitual neglect of his duties. This cause 7 artached and Marked as “Annex 7” S| Parincludes gross inefficiency, negligence, and carelessness. (Challenge Socks Corp. v. Court of Appeals (Former First Division), 511 Phil. 4, 10 (2005), citing Meralco v. NLRC, 331 Phil. 838, 847 (1996). Gross negligence means want or absence of or failure to exercise slight care or diligence, or the entire absence of care, It evinces a thoughtless disregard for consequences without exerting any effort to avoid them. Fraud and willful neglect of duties imply bad faith of the employee in failing to perform his job, to the detriment of the employer and the latter's business. Habitual neglect, on the other hand, implies repeated failure to perform one’s duties for a period of time, depending upon the circumstances. (Jumuad v. Hi-Flyer Food, Inc, G.R. No. 187887, September 7, 2011, 657 SCRA 288, 300, citing St. Luke's Medical Center, Inc. and Robert Kuan v. Estrelito Notario, GR. No. 152166, October 20, 2010, 634 SCRA 67, 78) Habitual absenteeism without leave constitutes gross negligence and is sufficient +o justify the termination of an employee. (Valiao v. Court of Appeals, G.R. No. 146621, July 30, 2004, 435 SCRA 543, 551) Complainant's repeated absences without official leave and his frequent tardiness reflect his indifferent attitude to and lack of motivation in his work. His repeated and habitual infractions, even after several warnings, constitute gross and habitual neglect of duty that was prejudicial to Respondent's business operations. This intentional and willful violation of Respondent's Code of Conduct on Punctuality and Attendance Policy shows his utter disregard for his work and his employer's interest. Respondent also followed due process before terminating Complainant's employment. In the dismissal of employees, it has been consistently held that the twin requirements of notice and hearing are essential elements of due process. The employer must furnish the worker with two written notices before termination of employment can be legally effected: (1) a notice apprising the employee of the particular acts or omissions for which his dismissal is sought; and (2) a subsequent notice informing the employee of the employer's decision to dismiss him. With regard to hearing requirement, due process simply requires an opportunity to be heard, not necessarily an actual hearing. (Philippine National Construction Corporation v. Matias, G.R. No. 156283, May 6, 2005) 61?Respondent fulfilled the due process requirements by (1) furnishing Complainant with a notice apprising him of the particular acts or omissions for which his dismissal was sought; and (2) giving him an opportunity to be heard by allowing him to provide it with a written explanation Respondent clearly followed the twin requirements of notice and hearing that constitute the essential elements of due process, which means that Respondent presented the Complainant ample opportunity to be heard and to defend himselt. Disciplinary action against an erring employee is a management prerogative which, generally, is not subject to judicial interference. It is axiomatic that appropriate disciplinary sanction is within the purview of management imposition. (San Miguel Corporation v. National Labor Relations Commission, G.R. Nos. 146121-22, April 16, 2008, 551 SCRA 410, 426). The Supreme Court has upheld a company's management prerogatives so long as they are exercised in good faith for the advancement of the ‘employer's interest and not for the purpose of defeating or circumventing the rights of, the employees under special laws or under valid agreements. (Deles, Jr. v. NLRC, 384 Phil. 271, 281-282 [2000].) Complainant, despite the several feedbacks, notices and warnings given to him to improve his attendance, repeatedly failed to meet the attendance standards that Respondent expected of him as an employee. Each of these reminders landed on deaf ears. Instead of working on improving his attendance, Complainant committed infractions one after the other, which resulted in discipline and served as grounds for his termination. The law imposes many obligations on the employer such as providing just compensation to workers, observance of the procedural requirements of notice and hearing in the termination of employment. On the other hand, the law also recognizes the right of the employer to expect from its workers not only good performance, adequate work and diligence, but also good conduct. (Judy Philippines, Inc. v. NLRC, 352 Phil. 593, 606 (1998)) By terminating Dancel's employment, Respondent iQor exercised its management prerogative to discipline an employee who grossly and habitually neglect his duties, and willfully disobey the Respondent's Code of Conduct, and it acted solely in the 7[Pageadvancement of its interest and not for the purpose of defeating the lawful rights of an employee. The employer may not be compelled to continue to employ such persons whose continuance in the service will patently be inimical to his interests. (Philippine- Singapore Transport Services, Inc. v. NLRC, 343 Phil. 284, 291 (1997).) Consequently, Respondent respectfully submits that Complainant was not illegally dismissed. 1. Complainant is not entitled to back wages or other money damages. Article 279 of the Labor Code, as amended, provides that an illegally dismissed employee is entitled to reinstatement, full back wages, inclusive of allowances, and to his other benefits or their monetary equivalent from the time his compensation was withheld from him up to the time of his actual reinstatement. Where, as here, an employee is terminated for just cause and after following due process, the employee is not entitled to back wages or other money damages. The policy of social justice is not intended to countenance wrongdoing simply because it is committed by the underprivileged. At best it may mitigate the penalty, but it certainly will not condone the offense. Compassion for the poor is an imperative of every humane society but not when the recipient is claiming an undeserved privilege. Social justice cannot be permitted to be a refuge for scoundrels any more than can equity be an impediment to the punishment of the guilty. Those who invoke social justice may do so only if their hands are clean and their motives blameless and not simply because they happen to be poor. This great policy of our Constitution is not meant for the protection of those who have proved they are not worthy of it, like the workers who have tainted the cause of labor with the blemishes of their own character. In this case, Respondent hired Complainant because of his representation that he could perform the duties and tasks expected of him as a Customer Service Representative for Operations. The work entrusted to Complainant is essential because of the Respondent's nature of business, where employees should be able to perform the work , at their given start time, and doing their assigned work at that time. alComplainant's employment was not absolute and perpetual, but subject to disciplinary actions that are warranted under the circumstances, after the due process of law been observed, Respondent cannot retain the services of Complainant because he became a liability rather than an asset to the former. Complainant was given sufficient warning and opportunity to reform and improve his attitude toward attendance, but he never did, instead he continued to incur numerous infractions under Respondent's Attendance Policy. Respondent terminated Complainant's services in the exercise of its management prerogative and invoking the just and valid causes of termination under the labor code. Having thus determined that the employee was not illegally dismissed from his employment, the payment of back wages is not in order. The award of back wages belongs to an illegally dismissed employee by direct provision of law and it is awarded on grounds of equity for earings which a worker or employee has lost due to illegal dismissal. Since Complainant was not illegally dismissed, he is not entitled to back wages or any other damages. Complainant is also not entitled to any back wages or other damages because he also voluntarily executed a Deed of Release and Quitclaim in Respondent's favor. For a quitclaim to be valid, 1) there must be no fraud or deceit on the part of any of the parties; 2) the consideration for the quitclaim is credible and reasonable; and 3) the contract must not be contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by law. (See Francisco Soriano, Jr vs. NLRC et al, G.R. No, 165594 April 23, 2007). In this case, there was no fraud or deceit on the part of any of the parties to the quitclaim. At the time Complainant signed the quitclaim, he was fully aware of his claim for illegal dismissal. With that knowledge, Complainant expressly acknowledged and waived all of his claims and rights or overtime pay, with respect to any action, whether past, present or contingent against said the Company and/or its directors, officers, managers, representatives, or agents. Complainant voluntarily executed the quitclaim, with full knowledge of its terms and consequences. Consequently, even if Complainant could 9]P26show that Respondent had illegal dismissed him (which Respondent denies), he would not be entitled to any recovery because he signed the quitclaim. PRAYER WHEREFORE, in the light of the foregoing premises, it is humbly prayed that this instant case against Respondent be DISMISSED for lack of merit. Other reliefs and remedies which are just and equitable in the premises are likewise prayed for. Respectfully submitted. March 2, 2016 , Angeles City, Philippines. VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING THAT I, JOVELYN NAVAL-SEGARRA , of legal age, under oath declares: That I am the authorized representative of respondent's company in this case; That I have caused the preparation of the foregoing Position Paper; That the allegations therein contained are true and correct of my own knowledge based ‘on authentic and genuine documents on records; That there are no other actions or proceedings involving the same issues raised in this case with the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency and should there be any will undertake to promptly inform the aforesaid court and other agency within five (5) days therefror 10 P 2SUBSCRIBED AND SWORN to before me, this by _0 2 WE 2 hRo exhibited to me (his/her) Community Tax Certificate No. issued at Doc. No. TB Page No.4 Book No. 33 Series of AAlb; 11|Page Philippines on ecembee 3,017 Argees ty DawnJQOr, ANNEX 1 ATTENDANCE POLICY FOR PHILIPPINES SITES Regular and timely attendance is critical to the success of our business. We carefully schedule employees to meet the needs of the business and as such, we expect you to understand your schedule and adhere to it. We realize that emergencies and unplanned situations may arise which may cause you to be absent, run late or need to leave early on occasion. The following policy guidelines makes allowances for these situations and explains your responsibility and consequences should your attendance fall below the expected standards, ‘The company provides Free Time to employees to cover vacation time, holidays and sick time. However, this paid time off must be pre-approved by the employee's manager when Using time for vacation and holidays. When using paid time off to cover sick time employees must provide medical documentation from our HMO-accredited physicians only for absences of 3 days or more. In order for the business to meet staffing needs Itis critical that employees pre plan their time off and gain approval from his or her manager seven (7) days prior to the planned time. off. Failure to do so may result in unnecessary occurrence points being assessed. Requests for time off will not be unreasonably withheld. Definitions: ‘Tardy or Leaving Early Employees must notify his/her AVP, Workforce or specific Program Manager (whichever is. applicable) at least two (2) hours before the start of the scheduled shift if the employee is, going to be late. Employees must request approval from his/her manager in order to leave work early. Failure to do so will result in occurrence points as detailed in the chart below. Unforeseen Absence Employees must notify his/her AVP, Workforce or specific Program Manger (whichever is applicable) at least two (2) hours before the start of the scheduled shift if the employee is going to be absent for the day. Unexcused Absence ‘Absences with no accrued Free Time will be considered an une and will incur applicable occurrence points. Employees who have accrued Free Time available but did not request advanced approval for the absence will be paid their Free Time but will incur occurrence points. In the event the employee provides medical documentation from among our HMO-accredited physicians showing they were sick, no occurrence paints will be assessed. ‘Returning Late from Lunch/Breaks Employees returning late from lunch or breaks will receive occurrence points in accordance with the Lunch/Break Policy.VOD sous 5 ‘No Call No Show Employees who do not notify their AVP, Workforce or Program Manager (whichever is applicable) and miss a full day of work are considered No Call No Show. Employees who are absent for multiple days with no notification to their manager will be assessed occurrence points for each day they miss. Occurrence Points for a NCNS are noted below. Critical Days In our industry there are certain days where call volume is high and staffing to meet business needs is critical. Absences on these days incur a higher penalty of occurrence points. Employees should note that Free Time is a benefit offered to our employees but does not excuse absences, especially absences that are not medically related. Therefore, employees should be aware that Free Time does not excuse the absence and employees will receive appropriate consequences unless they obtain approval in advance for time off. Critical Days are categorized into Grade A and Z: ‘© Critical Days Grade A~ Any call out which falls immediately before or after a holiday cr vacation leave, any local event/s and any special holidays. ‘© Critical Days Grade Z- Any call out which falls on Maundy Thursday, Good Friday, All Saints’ Day, day before Christmas, Christmas Day, day before New Year, New Year. ‘Attendance Standards: Your attendance will be reviewed daily by your immediate AVP. Progressive disciplinary action as detailed in Table 1 and 2 will be taken to address attendance ‘Occurrence ‘Tardy / Early Departure/Returning Late from Lunch Break W2an Occurrence | foray shift Hours : Tardy / Early Departure/Returning Late from Lunch Break Exceeds % Shift Hours Unexcused Absence (employee notifies manager of absence but has no Free Time available, or employee notifies manager of absence but notification is not at least before the 2-hour time frame prior to start of shift.) i ‘Absence on Critical Days Grade A unless a valid medical certificate proving iliness on the date of absence is presented. ‘Absence on Critical Days Grade Z. A valid medical certificate with the hospital logo from the Emergency (HMO-accredited) Doctor | shall be accepted and should be presented on the first reporting day. 1 Occurrence 1 Occurrence 3 Occurrences 6 OccurrencesVOD 2x. v2 Table 2: Occurrence Total & Action Taken ‘Occurrence Total ‘Action Taken ‘%of an Occurrence - 1 | Counseling and Note to File 2 [Verbal Written Warning 3 First Written Warning 4 Second Written Warning 5-6 Final Written Warning 6+ Termination 1st CNS: Written Warning 2nd NCNS Final Written Warning 3! NCNS Termination (after following required notification process) tNew company policy is 3 consecutive NCNS results in termination following due process. Drop Off of Occurrences Attendance is calculated using a 180-Day rolling calendar. When an employee reaches the end of the 180-Day period from the date the warning was given, that specific warning will drop off. By signing this form you acknowledge that you understand what is written on the 3 pages of the Attendance Policy. This amended Attendance Policy will be in effect on June 20, 2015.Code of Conduct Policy Policy Number: 40 Code of Conduct fieciive Date: January 1, 2014 Revision: 1.1 Policy Owner: Chief Compliance OfficerChief Talent Officer Purpose ‘This Code of Conduct isa collection of the minimum standards by which 'Qor expects every employee ‘to conduct himself or hersat. ‘Accountability Human Resources/Compliance Revision History Date___| Amended By Title Version Notes: ‘2014 | Dan CCOKTO 10 MontenaroiMason ‘Argiropolous 3/6015 | Dan Montenaro | CCO 1 Minor amendments for language choice, eto 312672015 _| Stephanie Schult | VP, Compliance | 12 ‘Added Policy Number1.0 Mission This Code of Conduct is @ collection of the minimum standards by which iQor expects every ‘employee to conduct himself or herself. Please study them carefully, comply with them at all times, and encourage your colleagues to do the same. Failure to comply with any of the below principles could result in @ range of remedial action, including but not limited to immediate termination. 20 Policy iQor Code of Conduct Principles 41, Treat consumers, our clients’ customers and other third parties with decency and respect. 2, Address your colleagues, our clients and visitors with professionalism, 3. Protect all confidential information. 4, Avoid conflicts of interest 5, Use company resources responsibly. 6 2 8 8, Report activities honestly Be honest. Be punctual Dress appropriately 10. Avoid illegal and ilicit substances and activity 4, Treat consumer : rs and other third ith decency and respect, This self-explanatory principle should guide all communications with the consumers, third parties, and clients’ customers which iQor is privileged to serve. Decency and respect should be evident In each interaction, including use of proper tone, language, attention and world-class customer vice and productive assistance. ‘our cli sitors with professionalism. Everyone who works for or with iQor, as well as our visitors - regardless of race, religion, gender, ‘age, ability, nationality or ethnicty, marital status, sexual preference or identity, ~ will be treated {a8 a professional. You must avoid any unprofessional or harassing behavior, such as: ‘Treating any person with less than complete professionalism; ‘Making physical contact when such contact is unwelcome or unwanted; Using abusive or inappropriate language, gestures, or mages; or, ‘Making unwanted romantic advances 3. | information, igor employees are to assume that all information you have access to in furtherance of our business objectives (or those of our cients) is strictly confidential and not for dissemination to any third party. Simply put, you are not to share any consumer, client or Company information ‘outside the procedures provided to you. 4 fics You are to conduct yourself in an ethical manner, ensuring that you never place yoursel, the company, our colleagues, our clients, or our suppliers in situations where any motives are conflicted or objectivity compromised. As such, you must never: ‘Attempt to improperly entice a public offical to enact, defeat, or violate any law or regulation; soil Gia ceeeaeeieeneemarntamenigiicinaeepeenns ONTProvide gifts, meals or entertainment that could be construed as an offer in exchange for benefits; ‘Accept gifts, meals or entertainment in exchange for special treatment for any person or ently Provide services for a compettor, supplier. or client in any capacty or, Engage in a personal relationship with a supervisor or subordinate. If you find yourself or any of your colleagues in a situation that involves any such conflict, you ‘must immediately notity Compliance or the Talent Department. 5. Use ot nsibh ‘As an employee, you have access to and use a variety of ior resources. These resources include tangible assets such as phones or copiers, intangible assets such as software or data, and services such as mail or catering. We expect you to apply good judgment in using these resources. Please refrain from: Making personal calls from work phones, except when essential or approved: Using office equipment, services or and supplies for personal purposes: or, Using iQors time, resources, facilities, or other assets for chantable or political actives unless ‘otherwise approved, Report Activities Honestly We rely on your diligence and honesty in reporting all work activities when we make payments to you (salary or otherwise), bill our clients, reimburse certain expenses or record our own financials, As such, as an iQor employee, you must: ‘Accurately record time you spend working and any breaks or other time off work: ‘Seek reimbursement for expenses only in accordance with Company policy; and, Accurately represent the time and effort expended in furtherance of iQor's business objectives. L_Behon 8 Be punctual We carefully schedule employee activities, and rely on strict adherence to these schedules to deliver exceptional service to our clients. As such, we expect you to understand your schedule and adhere to it. You must not, without prior communication and approval from your supervisor: Be unexpectedly absent from or tardy from work: (Cease work prior to the time you are expected to finish; or, ‘Take excessive or unscheduled breaks I you need to deviate from your schedule, you must tell your supervisor. 8, Dress appropriately ‘Your personal appearance and grooming habits exhibit your professionalism. While most of |Qors facilities have a business casual or casual dress code and special periods of time may be used for relaxed dress code rules, we nonetheless expect you to appear professionally at all times. Specifically, please avoic: Dirty tattered or disheveled clothes or shoes; Altre which is too revealing or otherwise inappropriate: or, Aire which contains potentially offensive words or images. a ann10.4 nd activi We want our offices to be safe and healthy. Certain substances and activity do not belong in such {an environment. You must refrain from: ‘Smoking or use any tobacco product in any of our facilites where prohibited; Possessing, selling, or using drugs or any alcohol on our near our work premises; ‘Working under the influence of drugs or alcohol; o, Participating in any gambling or other criminal or inappropriate activity. 11 iQor suspects that you have items in your possession which violate our policy or are otherwise Violating our policy, we may ask you to vacate the premises or terminate your employment. 3.0 Sanctions If iQor suspects that you have items in your possession which violate our policy or are otherwise violating our policy, we may ask you to vacate the premises of terminate your employment. 40 Training H you have questions about this Code of Conduct or encounter any violations, you are encouraged to contact your supervisor or the Compliance Department. You may contact the Compliance Department either by calling (866) 543-or, by emailing askcompliance@iqor com, or by clicking the Compliance button on your left fly-in, You may request to remain anonymous by advising the Compliance Department. Your communications with Compliance will always be Confidential unless it is necessary to identify or contact the sender to protect against anticipated violence or other criminal activity.ANNEX 3ANNEX 3A19 2015 Dancel, Agent! Sprint ck Joseph Miclat, AVP Supervisor] Sprint {lana days 2 0 why hare sou bene Ocinary Acton hat we Fes eeetacea inset agerert sx Sarcarce Po. 110 the success of cur business. We carefully scnecule employees to set wa expect you fo understand your schestule and adhere to t We realize that ‘may arise which may cause you to be absent, sun ite or aed to leave 28 y Your curent inaction ef attendance pois as flowsReceived BY J 1 Gsk. 5 JMiclatTermination Notice Jake Bryson Dancel Customer Service Representative let $. Gestani Date : September 26.201 HR, Sprint ‘Gor Phiippines, Ine The Company has carehuly deliberated on the eurrounding facts and crcumstances ofthe matier and t's wih regret {at oer You ta Your employer wh Uns company Pe Deen emma wflecne Loy, September 2 You are being lorminated over your conduct epecifealy the erratic atendance that you have shown in the last days. Over the past Thvee Months you have been counseled and wamed many times regersng your ea fiendonce record, was emphasized that you were not ellecvely doing your duties and vesoonsbites Vecause ot the poor record wnich you have fled to imerove ‘You were issued a Notice to Explain on 09/16/2015 dus 1o your unexpected absences, tainess ard NCNS issues in he past months from June, July, August and September amidst reminders and coactung feedback tha! was ger Yo you ‘You were aware tat punctuality is very important in our business. You are also aware that activites are caveluly Schedules, and rely on stil adherence to these schedules fo deliver exceptonal service 1 cur chonts AS such we ‘Sxpect you to understand your schedule and adhere 10 &. You must not without prior communication arc approval ‘Wom your supervisor: + Beumexpectedly absent from or tardy trom work; Coase werk jor ta the tne you are expected to fish oF, + Take excessive or unscheduled breaks ‘38s alto stated in the Labor Code ofthe Phiippines At. 282 Terminations by Erwpoyer ‘Antcle 262, Ternination by employer. An employer may terminate on employment for any of the folowing js 1 wtf disobedience by the employee of Ihe lout orders of his employer or representative in covmacton with his work {) Gross and habsual neglect by the employee of his des: ‘Your final paycheck wth accrued leaves and other benefits wil be processed 45 10 60 days from the tne you are ‘eared tom Admin an forwarded fo payal. Let us know if you beleve it to be inaccurate, Ini ve policy of this company Io proteet ts trade secrets, customer ists and other confidential ot proprietary I JB ich os'gotouly ae possible, We remind you that we consider our cents, our business procedures ad ou caeinoaa plans tbe proprietary. We request thal you return any and all property that was generated or ebtoned ae cae employment win ths company, mung any documents, Randbooks, account ledgers. Soancil Jectthehts manual, computers, computer programs, sokware, keys, socunty cards, etwith your dates of 190 not Mesitate toANNEX 7 RELEASE AND QUITCLAIM PAGBIBITIW NG PAGHAHABOL ra 1 Stay Bryce Datel hemi npn efter Ppt e Compr Na ako, ang nakalagdang mangagawa ng iQor Philippines Inc (“Kumpanya”), after being swom in accordance with law, hereby depose and say: pagkatapes makapanumpa nang sang-ayon sa betas, ay nagsasabi For and in consideration of the sum of / Na aiang-aiang sa halagang [f 3}, A0/-/¢, Philippine curency. given by my employer, in settlement ofall my clsime and as financial assistance and ‘eceipt of which is hereby acknowledged to my full and complete satistaction, | hereby release and discharge the Company, andior its directors, officers, managers, representatives, of agents from any and all claims by way of unpaid wages, separation pay. retirement pay, holiday pay, service incentive leave, thirteen month pay, retirement pay, SSS and Medical contributions, overtime pay, differential pay, and other benefits or otherwise as may be due me incident to my past employment with said establishment. salaping Pilipinas, na sa akin ibinigay at ibinayed ng aking pinagilingkuran bilang pagsassayos ‘ng lahat ng akin paghanabol at bilang tulong pananalap! at ipinagbigay-alem na aking xy aking kinakalagan, at pinakakawalan ang Kumpanye, sa_kanyang mga direktor, opisyales, pinuno, kinatawan at tagasunod sa_anuman at lahat ng reklama. daing © karepatang paghahabol mayroon ako ayon sa batas ukol sa kulang 0 d-nabayarang ‘sahod, allowance, holiday pay, service incentive leave, 13th month pay, retirement pay. kontribusyon 52 ‘SSS at Medicare, at ibe pang biyaya 0 benepisyo nararapat sa akin kaugnay ng aking nekaraang pag- trabaho 0 pag-empleyo sa nasabing kumpanya, at isinusuko at tinatalkuran sa pamamagitan nito ang lahat at anumang reklamo, daing, or karapatang paghahabol mayroon ako laban sa Kumpanya. | hereby state further that | have no more claim. right, or overtime pay, action of whatsoever Nature, whether past, present or contingent against said the Company andlor its directors, officers, ‘managers, representatives, or agents. ‘Akin ding hinahayeg na wala na skong paghahabol o karapatan ng pagsakdal o paghabla, ni ‘anumang ur, maging sa nakalpas, ngayon 0 sa hinaharap, laban sa Kumpanya, avo sa kanyang mga ‘rektor, opsyeles, piuno, kinatewan at lagasuned. IN| WITNESS WHEREOF, | have hereunto set’ my hand this. BILANG PATUNAY,s@ lahat ng nakasaad dito, ito ay aking miagdaan ngayong Nee, WIS Date nature ‘SIGNED IN THE PRESENCE OF MGA SAKSI, BEFORE ME, a Notary Public for and _in this ——_______ personally came and appeared the above-named employee, with Community Tax Cerificate No. issued at ‘on ‘Srecuted the foregoing Release and Guitclaim and he/she acknowledged to me that the same Is his/her free and voluntary act and deed, Doc. No. No. No, Hq i of