Professional Documents
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ILECO - 1
TIGBAUAN, ILOILO
CODE ON EMPLOYEE
DISCIPLINE
1 Policy ……………………………………
2 Title …………………………………………
3 Definitions ………………………………
8 Insubordination ………………………………………
14 Resignation …………………………………………………………….
Section 1. Title. These rules and regulations shall be known as the Code of Employee
Discipline.
2.1. Any and all acts violating and/or constituting a violation of this Code will be
considered as violation and liable to disciplinary action.
2.2. Ignorance of the policies declared in this Code as well as notices or memoranda
that may be promulgated in the future shall not justify an employee from non-
observance nor from the disciplinary action to be imposed thereon.
2.3. All disciplinary actions shall be imposed following the process provided in this code
or in a manner which is just, expeditious and acceptable to the parties concerned.
2.4. Administration of disciplinary action on erring employees shall not bar the Co-
op from filing appropriate civil and/or criminal action(s) against the erring employee, in
accordance with the applicable laws and rules of the Republic of the Philippines.
2.5. In case where the acts or omissions committed violate more than one provision
of this Code, these shall be dealt with separately.
2.6. The Cooperative adopts a “no-spouse policy”. No applicant may be hired if he/she
is married to an employee of the Cooperative. In the event, a current employee
contracts marriage with a fellow employee, one of them must resign.
2.7. The task of ensuring that this Code will be understood and religiously complied
with is collectively entrusted to both the Human Resource Office and the Department
or Division where the employee is affiliated.
a. Making sure that suitable measures are continuously taken to educate all
employees on the policies of this Code;
b. Making sure that suitable measures are continuously taken to insure that
the policies of this Code are updated and consistent with the requirements of
all operating units;
c. Making sure that suitable control measures are established to assist in the
progress of the implementation of corrective actions, to assist erring
employees and to continuously forewarn department and division heads on
the negative standing, if any, of employees under them; and
d. Preparing all documents and reports as may be needed to efficiently
implement provisions of this Code.
Section 3. Definitions. The following words and phrases, as used in this Code, shall have
the meaning indicated, unless a different one is plainly denoted in the text.
3.2 EMPLOYEE means all persons, including contractual or temporary and probationary
employees, under the employ and in active payroll of the Co-op.
3.3 EMERGENCY CASES means the unforeseen circumstance such as fire, typhoon,
earthquake, sickness, giving birth, death or any accident involving either the employee
personally or immediate members of his family which shall include the lawful spouse,
children and parents.
3.4 COMPANY PREMISES mean all landholdings and buildings, power stations and sub-
stations and all other properties owned or rented/leased by the Co-op. It also covers the
working area occupied by employees assigned on the field.
3.5 PROFANE LANGUAGE means words, phrases, or signs uttered or done with malice,
irreverence or contempt.
3.7 NARCOTICS mean drugs that produce a condition of insensibility and melancholy
dullness of mind with delusions and may be habit forming. Included among these drugs
are opium, cocaine, alphas and beta cocaine, Indian hemp, marijuana, hashish,
methamphetamine, their derivatives and all preparations made from them or any of
them, and such other drugs, whether natural or synthetic, having physiological actions
as a narcotic drug.
3.8 PENALTIES
3.10 LEGEND
R = Reprimand
1-DS = 1-Day Suspension
3-DS = 3-Day Suspension
5-DS = 5-Day Suspension
10-DS = 10-Day Suspension
15-DS = 15-Day Suspension
D = Dismissal
3.11 DAY means a day of work for eight (8) hours or its equivalent for those not working
on a day shift within one (1) twenty-four (24) consecutive hours.
3.12 USURIOUS LOAN shall mean interest in excess of 30 per centum per annum.
4.1 Every employee is required to perform his duties in the Co-op regularly and
punctually. He shall follow the official time set for his shift in reporting and leaving for
work.
h. Requesting f o r d a t e s o r
favors in exchange for a job,
favorable working
c o n d i ti o n s o r assignments, etc.;
i. Touching a co-employee in
sensitive parts of his/her body to
threats of a sexual nature and actual
sexual assault;
Section 8. INSUBORDINATION
15.1 The foregoing schedule of penalties does not preclude the imposition of stiffer
penalties than those provided for, whenever the record of the employee and other
circumstances warrant. Neither is the foregoing enumeration of the offense exclusive.
Other offenses not provided for in these Rules and those provided for, but for which no
specific penalty has been prescribed shall be punished in the manner most appropriate,
in the sound discretion of the management.
15.2 The penalty for successive violations of the same rules (other than in those cases
where a single violation of a rule warrants dismissal) is progressively more severe than
the penalty for a first violation. However, cumulative violation is subject to a 12-month
limitation period, any repeat violation of a rule occurring after this period shall be
considered as a first offense.
15.3 If at the time of the commission of the latest offense, the employee has previously
violated at least two (2) other separate rules embraced in this Code or of other
promulgated Co-op work rules, all committed within a 12-month period, the latest
offense shall be punishable by the next higher step or degree of the penalty prescribed
for the said offense.
15.4 Where the fourth violation of the same provision or rule is punishable by a penalty
less than dismissal, the fifth and subsequent violations, if committed within a 12-month
period, shall be meted out a more drastic penalty including that of dismissal, solely on
the discretion of the management.
15.5 When a single act constitutes two or more offenses under this Code, or when an
offense is a necessary means of committing the other, the penalty for the more/most
serious offense shall be imposed.
16.2.2 Prior to the issuance of the Notice of Charges, the Personnel Officer shall
make a determination whether the offense committed warrants a penalty of
suspension of more than thirty (30) days or dismissal. If the penalty imposable is
suspension of five (5) days or more, the Personnel Officer shall recommend to
the General Manager the creation of a Committee on Investigation and Appeals
(CIA) and shall direct the respondent-employee to file his Answer with the CIA.
16.3 THE RESPONDENT’S RIGHT TO ANSWER. The employee concerned shall be allowed
to answer the allegations against him in writing, within 48 hours upon receipt thereof.
Upon its filing or receipt, the date and time shall be stamped on the answer if filed
personally and also on the envelope if filed by registered mail. No extension of time to
file the answer shall be granted the respondent/s except upon meritorious grounds duly
supported by evidence.
16.4 THE NEED FOR FORMAL INVESTIGATION. When the penalty provided for the
offense merits suspension of five (5) days or more, as the case may be, the Personnel
Officer shall recommend the creation and composition of a Committee on Investigation
and Appeals (CIA) to the General Manager. The CIA, upon its approval, which shall have
the power and composition stated at the Section 18 of this Code, shall evaluate all
evidence presented and shall conduct the necessary investigation within five (5) days
from the receipt of the respondent’s answer, which shall be terminated and concluded
in ten (10) days time.
16.6 The respondent’s immediate supervisor may, on his own initiative or upon the
advice of the CIA, recommend to the General Manager the preventive suspension of the
offender, pending the result of the investigation, the period of which shall not exceed
thirty (30) days and/or the suspension period provided for under the corresponding
offense, as prescribed by this Code.
16.7.2 The CIA shall submit records of investigation, its findings and
recommendations to the General Manager for appropriate action.
16.9 DUE PROCESS. The respondent shall have right to appear before the CIA personally,
and with his counsel if he so desires, to confront the witness against him, to present
facts, arguments or witnesses in his behalf or any other matter pertinent to his case. He
shall be given full opportunity to refute the charges against him and be informed of all
evidence pertaining thereto. He also has the right to demand the appearance of the
witnesses and the production of evidence in his favor.
16.10 THE DECISION OF THE GENERAL MANAGER. The decision shall contain charges,
name of the respondent and his rank, his office, a brief statement of the material and
relevant facts, findings, offense committed and the penalty imposed, if found guilty, and
the dispositive portion thereof. It shall be prepared in four (4) copies, furnishing the
respondent (original) the CIA, the Personnel Office and the Accounting Office. Any
unreasonable delay in the execution or implementation of the said decision shall
constitute sufficient ground for administrative action against any official or employee
who may appear to be responsible therefore for conduct unbecoming or conduct
prejudicial to the interest of the Co-op.
16.11 When the findings merit the penalty imposed to the employee-offender, the
preventive suspension period which he has undergone, shall be offset against the
suspension period which the management deems appropriate, except when the penalty
calls for dismissal.
16.12 However, when as result of the investigation, the offense has not been sufficiently
proven, the preventive suspension period earlier placed upon the employee-offender
shall be lifted and his salary within the said period shall be fairly paid by the Co-op.
16.13 APPEAL. The respondent may appeal the decision in writing within seven (7) days
to the General Manager (Attention: Committee on Investigation and Appeals). The
appeal shall state the date respondent received the decision and the grounds of the
appeal. This appeal for reconsideration can only be entertained:
16.13.1 In the presence of new evidence/s which can materially affect the decision
rendered.
16.13.2 When decision has not been supported by the evidence on record.
16.13.3 When errors of law or irregularities have been committed prejudicial to the
interest of the respondent.
16.14.1 Where the imposable penalty for the offense charged does not exceed
three (3) days suspension.
16.14.2 Where the charge is serious and the evidence of guilt is strong.
17.1 In all cases which are not enumerated in this Code, but nevertheless constitute an
offense against established Co-op rules and practices, or has caused prejudice to the Co-
op, the General Manager shall in his discretion:
17.1.2 Immediately gather and evaluate through the CIA all facts relevant to the
offense.
17.2 Where this Code does not specify the impossible penalty for a particular offense,
but indicates instead a general clause (e.g. Reprimand to Dismissal depending on the
gravity of the offense.), the following circumstances may be considered in determining
the appropriate penalty:
17.2.2 Extent or amount of the damage or injury caused by the act or offense
committed by the employee-offender.
17.2.3 Degree of the adverse effect of the offense on the Co-op operations,
maintenance of discipline and external relationship or reputation of the Co-op.
17.3 Management, at its own discretion, may impose a graver penalty than what has
been provided for in this Code, particularly when the violation results in injury to
person/s or damage to property, or both. This does not preclude demand for payment
of damage costs which may be required as the offense so warrants.
17.4 The imposable penalty, however, in a particular case may be reduced upon
recommendation of the Department Head concerned and/or the CIA, with the approval
of the General Manager, if supporting facts so warrants.
17.5 The General Manager shall see to it that the necessary reports or clearances as
required by law in all cases of dismissal, suspension or termination, are properly filed on
time with the Department of Labor.
17.6 The foregoing rules governing the application of penalties of this Code does not
preclude the Co-op from taking any judicial action against the employee-offender
whenever necessary, and other punishment such as demotion in rank, forfeiture of pay,
fines and such other punishments appropriate to the offense committed.
17.7 All records of administrative cases against any personnel of the Co-op shall be
received by the management and upon receipt, the case shall be entered in the docket
of administrative cases, given their corresponding numbers in the order of their receipt.
17.8 All penalties imposed shall be in writing. Copies thereof shall be furnished the
employee-offender (original), the General Manager, the Personnel Officer/201 file, the
CIA and the Department of Labor as the case may be.
18.1 COMPOSITION. The Committee on Investigation and Appeals, otherwise called CIA,
as formed by the General Manager, shall be composed of:
18.1.3 A Department Manager, who will be the Chairman of the Committee and
shall have no supervisory jurisdiction over the offender.
18.1.4 The Co-op Legal Counsel when necessary.
18.2 DUTIES AND POWERS. In the performance of its task, the CIA shall be empowered
to:
18.2.1 Summon persons or entities who can shed light toward the clarification of
facts surrounding the case/s;
18.2.3 Evaluate all evidence, documents and other material facts relative to the
case, whether presented by the complainant/aggrieved party or by the
respondent;
18.2.6 See to it that the records of investigation, including all pertinent papers
and document submitted by the parties are chronologically recorded, properly
filed and secured;
18.2.9.2. Within five (5) days from receipt of the request for
resolution of grievance, the CIA shall resolve the request or, issue
an order requiring the employee(s) requesting for resolution of
grievance, to file a position paper regarding the proposed
interpretation of the cooperative personnel policy(ies) within a
period of fifteen days from receipt of the said resolution. Within
twenty (20) days from receipt of the position paper, the CIA shall
resolve the request for resolution of grievance.
However, any member of the CIA in the interest of justice, equity and in the fairness of
sound discretion may disqualify himself from sitting in the case, for some just or valid
reasons other than those previously mentioned above.
In case a vacancy occurs due to the disqualification imposed by this Section, where
there will be no quorum of the CIA, the General Manager shall appoint a substitute to sit
as member of the Committee for the particular case.
19.1 Management reserves its inherent right to amend, alter, modify or change this
Code in whole or in part as the exigencies of the time and circumstances may warrant,
subject to NEA approval.
19.1.1 The Personnel Office shall be responsible for the view of updating the
same when necessary.
19.2 All questions with regard to the enforcement and application of this Code shall be
submitted to the Personnel Office, who may refer the queries to the General Manager
and/or to the National Electrification Administration, if the queries are above its
concern.
20.1 All Co-op policies and other previously promulgated rules, memoranda and Board
Resolutions heretofore issued relative to matters treated herein, but which are
inconsistent with its provisions are hereby superseded. Otherwise, those rules that are
consistent herewith shall serve as suppletory to this Code.
(SGD.)
General Manager