PHILIPPINE AIRLINES
REVISED CODE OF DISCIPLINE
PHILIPPINE PHILIPPINE ARILINES, INC.
REVISED CODE OF DISCIPLINE
TABLE OF CONTENTS Preamble
1
CHAPTER I
GENERAL PROVISIONS
3
Section 1
Guidelines
3
Statement of Policy Definition of Terms Summary Pr Proc ee eedings & Ti Timeliness Of Proceedings Uniformity of Penalties Impersonal Imposition of Discipline Single Penalty Right to Hearing & Defense Responsibilities of Superiors No Waivers of Penalties Responsibility of Employee Effec ffectt of of Off Offen ense se on Com Compe pen nsati sation on And Career Improvements
3 3
Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Arti Articl clee 11 11
Section 2 Article 12 Article 13 Article 14 Article 15 Arti Articl clee 16 Article 17 Arti Articl clee 18 18 Arti Articl clee 19 19 Article 20
6 6 6 6 7 7 7 7 8
COVERAGE APPLICATION
8
Employees Covered Separate Civil or Criminal Action Schedule of Penalties Write-off of Offenses Comm Commut utat atio ion/ n/Re Red ducti uctio on of Pen Penal alty1 ty10 0 Conspiracy or Concerted Action Toler olerat atio ion n or Cond Condem emn natio ation n of Offense Failu ailure re to Rep Report ort, Su Superi perio or’s r’s Inaction Illegal Acts
8 8 9 10 10 10 11 11
Article 21 Article 22
Instigation Acceptance of this Code and General Norms; Penalties for Misconduct
11
CHAPTER II
OFFENSE AND PENALTIES
12
Section 1
OFFENSES AGAINST CUSTOMERS IN VIOLATION OF TPC 1
12
Article 23 Article 24
Anti Customer Offenses Failure of Em ploye e to Wear Prescribed Uniforms and Identification Cards
11
Article 38
Section 4
Article 39
12
Article 40 Article 41 Article 42 Article 43
Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Section 3
Article 37
OFFENSES AGAINST JOB PERFORMANCE STANDARDS IN VIOLATION OF TPC 2 Failure on the Job Non-Observanc e of Quality Standards Wasting Time Inefficiency & Waste Time Card Irregularities/ Timekeeping Violations Failure to Punch Time Card Tardiness Absence Without Leave or Notice Unauthorized Undertime Sleeping During Working Hours Malingering
20
OFFENSES AGAINST TOTAL PERSONNEL CARE IN VIOLATION OF TPC 4
20
Anti-Em ployee Offense s: Commission & Omission Influence Solicitation Influence Peddling Intervention in Administrative Case Culpable Delay in Investigation
20 21 22 22 22
13 Section 5
Section 2
Insubordination or Willful Disobedience
14
OFFENSES AGAINST THE GOOD NAME REPUTATIO WELL-BEING AND SECURITY OF THE COMPANY IN VIOILATION OF TPC 5 23
14 Article 44 14 14 15 15 16 16 17 17 18 18
OFFENSES AGAINST TEAMWORK IN VIOLATION OF TPC 3
19
Anti-Teamwork Offenses
19
Section 6
Article 45 Article 46 Article 47 Article 48 Article 49 Article 50 Article 51 Article 52 Article 53 Article 54
Anti-Company Offenses
23
COMMON OFFENSES AGAINST CORPORATE VALUES INVOLVING BEHAVIOR AND CONDUCT
24
Conviction Violation of Law Drunkenness/Alcoholism Prohibited Drugs Gambling Horseplaying; Disorderly/Immoral Behavior Sexual Harassment Assault; Violent Act Threats; Coercion Im proper Behavior When
24 25 25 25 25 26 26 26 27
Article 55 Section 7
COMMON OFFENSES AGAINST CORPORATE VALUES INVOLVING HONESTY AND INTEGRITY
Article 56 Article 57 Article 58 Article 59 Article 60 Article 61 Article 62
Article 63 Article 64 Article 65 Article 66 Article 67 CHAPTER III Rule I
Traveling Smoking in Prohibited Places
27 27
Section 1 – How Initiated Section 2 – Form of Administrative Charge 28
Corruption/Extortion/Bribery Fraud Against the Company Mishandling/Misuse of Company Funds, Property or Records Theft, Pilferage, or Embezzlement Falsification of Com pany Document Unofficial Us e of Company Property & Facilities Misuse of Company or Interline Trip Pass/Reduced Rate and NonRevenue/Rebated Shipment Privileges or Baggage Allowances Improper Use of Space Accommodation Perjury/False Testimony Irregularities Connected with Employment Disloyalty; Abetting Competitions Conflict of Interests
28 28
DISCIPLINARY PROCEEDINGS
34
Preliminary Provisions Section 1 – Coverage Section 2 – Disciplinary & Inve stigating Authority
Rule II Grounds for Disciplinary Action Rule III Fact – Finding Investigation
Rule IV Administrative Charge
29 29
Rule V
Preventive Suspension Section 1 – Grounds Section 2 – Salary of Respondent Pending Suspension
Rule VI Rule VII
29 30
Rule VIII Rule IX Rule X Rule XI
Answer Hearing & Right to Representation And Assistance Report & Evaluation of Evidence Resolution/Decision Review of Decision Implementation of Final Decision And Reporting Requirements
36 36 36 36 36 37 37 37 38 38 39 40
30 CHAPTER 4 30 31 31 31 32
34 34 34 35 35
Article 68 Article 69 Article 70 Article 71 Article 72 INDEX OF CONTENTS
MISCELLANEOUS PROVISIONS
41
Transitory Provision Separability Clause Amendment Notes on the 1995 Code Revisions Effectivity
41 41 41 41 42 43
PREAMBLE PHILOSOPHY ON DISCIPLINE Working in PAL requires the acceptance of the principle that the best form of discipline is self-discipline, and that discipline is not merely a restraint on behavior but a total conditioning of oneself for the highest level performance within one’s capabilities. PAL seeks to create environment in which excellence in performance is the preoccupation of all employees and where such performance is duly recognized and rewarded in accordance with the Company’s human resource policies and programs. It is the goal of PAL to establish and nurture a climate that encourages, recognizes and rewards achivement instead of merely regimenting behavior, enforcing obedience, and punishing offenses. Depending on such policies and programs, recognition shall include commendations, certificates of appreciation, award, and similar symbolic manifestations, while reward shall include performance bonuses, merit increases, and career advancement. Everyone working in PAL is expected to assist in and contribute to the achievement of the Company’s goals of customer satisfaction, service excellence and profitability. Each one is also expected to observe the highest standards of performance, honesty and integrity, professionalism courtesy, punctuality, attendance, teamwork and cooperation, respect for other people, and all the other traits expected of a member of the PAL family. It is not enough that a PAL employee merely avoid doing “wrong”. He should, consciously and as a personal commitment, always strive to do “right”, i.e., do the right things the right way. PAL will only settle for a Commitment to Excellence, not merely good behavior. Our people should do the right things because they want to, rather than avoid the wrong things because they fear the consequences. The drive to achieve and the pursuit of reward are more productive forms of behavior than mere abidance to rules or the mere avoidance of penalties. But the rules must be respected and followed nonetheless, better voluntarily (self-discipline), but by force of authority if necessary (enforced discipline). But while the enforcement of discipline cannot be a principal preoccupation of the Company, it remains a necessary condition for orderly operations. Moreover, in an industry that is characterized by stiff and swiftly increasing competition, employee discipline is an essential ingredient of survival and growth. Self-discipline must be
the rule, and enforced discipline the exception. The Company prefers people who can discipline themselves without the compulsion of law or the fear of punishment. Once PAL in its sole discretion, decides to employ an individual, a mutual commitment is struck between the two. The individual commits not only to obey the rules but to comply at all times with the Company’s standard of performance to the very best of his abilities. And the Company commits to establish conditions in which each employee is motivated to perform according to such standards and appropriately recognized, compensated, and rewarded. Everyone working for PAL must realize that PAL’S main preoccupation is with customer satisfaction, service excellence, efficiency and professionalism on the job, and profit, not with discipline. Those in PAL who continuously invite disciplinary action and thereby divert the time and effort of the Company away from its business mission are a burden on and a liability to the Company, as well as a threat to the Company’s well-being and, ultimately, to its very existence. PAL would rather reward performers than punish offenders: the latter is an unpleasant and unproductive activity, and offenders who repeatedly provoke it do not belong to the Company. PAL cannot afford to waste time correcting those who are unable or unwilling to correct themselves. Those persons who consistently fail to live up to the Company’s standards of performance, comportment and behavior will be required to seek employment elsewhere. In any event, whenever an offense is committed, the offender must be immediately warned and/or penalized. The Company must be and is prepared to deal with violations of its rules and expected codes of behavior. Enforced discipline ensures that these violations remain marginal and do not, like a malignant cancer, grow and become a general pattern of behavior, leading to a breakdown of order and to the destruction of the very organization itself. In sum, maintenance of discipline in PAL shall be at once enlightened yet firm, progressive yet determined. It shall be guided by the principle, policies, and rules contained in this Code, subject, however, to specific provisions of legislation, were applicable.
CHAPTER I GENERAL PROVISIONS SECTION I GUIDELINES The following general guidelines shall govern the administration of discipline: ARTICLE 1
(b) “TPC 1”, “TPC 2”, TPC 3”, TPC 4”, AND “TPC 5”, collectively, refer to the Five Basic Corporate Values upheld by PAL, alternatively referred to within the Company as “The Five TPC’S. “TPC 1” Stands f or “Total Passenger Car e” and is concerned with marketing effectiveness. It aims at customer satisfaction through the quality and price of PAL’S products and services, from which the Company aims to earn the highest revenue possible. It also aims to develop a strong and dynamic competitive drive within the Company and its personnel.
STATEMENT OF POLICY
It is the policy of the Company: (a) To encourage and support employees in the pursuit of excellence in individual and organization performance, and to recognize and reward the achievement of such excellence; (b) To ensure or enforce compliance at all times with the Company’s standards of job performance and personal behavior.
“TPC 2” Stands for “Time-management, Productivity, and Costeffectiveness” and is concerned with operating efficiency and profitability. It aims at the maximum productivity of the Company’s resources (human, physical, financial, information and systems) the control of costs, and their limitation to the lowest levels possible in order to produce profit out of revenues. It is also concerned with the conservation and protection of the company’s assets: personnel, equipment, finances, documents, and information.
(c) To penalize or punish wrongdoing, violation or rules, or non-compliance with the Company’s standards of job performance and personal behavior.
“TPC 3” Stands for “Teamwork, Participation, and Communication” and is concerned with organizational effectiveness through coordination. It aims at getting the Company’s personnel and all organizational units within PAL to work together as a team to coordinate and to meet the C ompany’s goals and objectives.
The Company’s primary concern, as articulated in its corporate philosophy, is customer satisfaction for profit, and all aspects of its operations must be directed towards that goal. Discipline is a necessary condition for achieving that goal and for the effective and efficient performance of the organization. The administration of cases must respect the dignity of the individual whose offense is being investigated and penealized.
“TPC 4” Stands for “Total Personal Care” and is concerned with personal well-being and development. It aims at a total range of human-resource policies and programs that seek to provide the Company with the right people and to keep them satisfied and highly motivated by means of equitable and competitive compensation, working conditions, training and development, career opportunities, and retirement policies and programs, in keeping with t heir dignity as individuals.
A RT ILC LE 2
When used in this CODE, the following words shall, unless the context otherwise indicates, have the following respective meanings:
“TPC 5” Stands for “Total Personal Commitment” and is concerned with personnel commitment and dedication. It aims at instilling in the Company’s employees the strongest sense of loyalty and dedication to the Company and to its interests.
(a) “Excel lence”, “C ustomer Satisfaction”, “Quality”, “Productivity” and “Personal well-being “ (alternatively referred to as “Employee Satisfaction”) are defined in the PAL employees’ “ACE Handbook” entitled “A Commitment to Excellence: PAL’S products, operations, and beliefs (1985 edition) issued by the Company.
These Five Basic Corporate Values are explained in various documents issued and circulated within the Company, including the management manual entitled, “Our Corporate Philosophy: A Commitment to excellence: PAL’S Products, Operations, and Beliefs”. ALL PAL OFFICIALS ARE EXPECTED AND REQUIRED TO BE AQUAINTED WITH THE SAID MANAGEMENT MANUAL AND ALL PAL
D EF IN ITI ON OF TER MS
EMPLOYEES ARE EXPECTED AND REQUIRED TO BE ACQUAINTED WITH THE HANDBOOK.
INCREASED OR LESSENED. SUCH CIRCUMSTANCES SHALL INCLUDE LONG YEARS OF SERVICE.
(c) “Superior” shall INCLUDE OFFICERS OF THE COMPANY, MANAGERIAL OR SUPERVISORY EMPLOYEES AND THOSE who in relation to another employee, is higher in station, rank, degree, or grade, and exercise authority over another employee, is higher in station, rank, degree, or grade, and exercise authority over another employee.
(j) “Suspension” shall mean STOPAGE FROM WORK WTIHOUT PAY. Availment of benefits shall likewise be suspended during the period of suspension. The time during which the employee has been placed under preventive suspension shall be deducted from the period of suspension unless contrary is provided.
(d) “Subordinate” shall mean one who, in relation to another employee, is lower in station, rank, degree, or grade, and is subject to the authority of that other employee;
(k) “MINOR OFFENSES” INCLUDE THOSE OFFENSES WHERE THE PENALTY SPECIFIED IN THE CODE IS WARNING, WRITTEN REPRIMAND, OR SUSPENSION FROM ONE (1) TO THREE (3) DAYS.
(e) “Employee” shall mean a person hired by the Company in any capacity and shall include MANAGERIAL, SUPERVISORY EMPLOYEES, RANK-AND-FILE WORKERS AND SUCH OTHERS AS RECOGNIZED BY LAW;
(l) “HAB ITUAL” M EANS D OING T HE S AME A CT M ORE THAN TWO TIMES.
(f) “Gravity” of an offense refers to the seriousness of the nature of the offense or to t he seriousness of the consequences of an offense; (g) “Mitigating circumstances” shall mean those circumstances by virtue of which the penalty incurred by a person who commits as offense is lessened or made less severe. Such circumstances shall include an employee’s past good performance within the Company, the lack of serious offenses in his record of employment, the relative infrequency of minor offenses, and, in general, any circumstance which in the judgment of management justifies the imposition of a penalty less severe than that provided. (h) “Aggravating circumstances” shall mean those circumstances by virtue of which the penalty incurred by a person who commits an offense is lessened or made less severe. Such circumstances shall include an employee’s past record of offenses, the frequency of his offenses (recidivism/habit delinquency), adverse publicity to the Company caused by the offense, TAKING ADVANTAGE OF RANK, POSITION OR RESPONSIBILITY IN THE COMMISSION OF THE OFFENSE, and, in general, any circumstance which in the judgment of management justifies the imposition of a penalty more severe than that provided. (i) “ALTERNATIVE CIRCUMSTANCES “SHALL MEAN THOSE CIRCUMSTANCES BY VIRTUE OF WHICH THE PENALTY INCURRED BY A PERSON WHO COMMITS AN OFFENSE MAY EITHER BE
ARTICLE 3
SUMMARY PROCEEDINGS PROCEEDINGS
AND
TIMELINESS
OF
Administrative investigations and other proceedings shall be expeditiously conducted and shall be summary in nature. They shall not be governed by the strict technical rules of procedure or by the rules on evidence as applied in judicial proceedings. However, the finding of administrative investigations shall be based on such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. A RTI CL E 4
U NI FO RM ITY O F P EN AL TI ES
Discipline shall be imposed consistently. It shall be applied uniformly to offenders similarly situated regardless of rank of position within the Company. The same sanctions shall be applied on any offender for offenses committed under similar facts and circumstances. Like penalties shall be imposed for like offenses. ARTICLE 5
IMPERSONAL IMPOSITION OF DISCIPLINE
The imposition of disciplinary action and of penalties shall be impersonal. Disciplinary actions and penalties are directed at the offender’s punishable acts or omissions, not at his person or personality. As a rule, the offenses alone, together with mitigating and or aggravating circumstances, shall e the measure of the penalty to be imposed.
ARTICLE 6
SINGLE PENALTY
Only one penalty shall be imposed for each offense. Moreover, if an administrative charge, proceeding from one incident or a single set of facts of circumstances, results in a finding that two or more offenses defined in this Code have been committed, the corresponding penalties for each offense shall be cumulated and one penalty finally imposed that shall measure the gravity of all the offenses put together. A RT IC LE 7
EFF EC T O F O FFEN SES O N C MO PE NSA TI ON CAREER IMPROVEMENTS
A ND
An employee’s record of offenses shall diminish or remove, as the circumstances may warrant, an employee’s eligibility for a merit increase, promotion, or similar improvements in his job situation. The greater the number of his offenses, the greater their gravity, or the more recent the last offenses, the lower or closer to zero his eligibility for such benefits shall be.
R ESO PN SI BI LI TY OF SU PER IO RS
Every SUPERIOR shall ensure the maintenance of discipline within his area of responsibility and the observance by the personnel subordinate to him of the highest standard of competence, professionalism, courtesy, punctuality, attendance, effective and efficient performance of jobs and assignments, honesty, integrity, probity, teamwork and cooperation, and al the other behavioral traits expected of a member of the PAL family. He shall see to it that all his subordinates are aware of and comply with all the provisions of this Code and all other policies, rules, regulations, and guidelines promulgated by the Company. Each superior shall e strictly accountable for the proper discipline and job performance of all subordinates under him, FAILURE OF WHICH HE SHALL BE HELD RESOPNSIBLE AS PROVIDED ELSEWHERE IN THIS CODE. Correspondingly, each superior shall be given sufficient authority and power to effectively discharge the foregoing responsibilities. A RT IC LE 9
A RTI CL E 1 1
R IG HT TO HEA RI NG AN D D EF EN SE
Any employee charged with an offense shall be afforded ample opportunity to be heard and, if he so desires, to defend himself with the assistance of his representative but he shall not be allowed to unduly delay the administrative proceedings and the final resolution of the case, AS PROVIDED FOR IN CHAPTER OF THIS CODE. A RT IC LE 8
Every employee shall be provided with a copy of this Code and shall e duly informed of any amendments or supplements thereto. It is the duty and responsibility of every employee to make himself familiar with all provisions of this Code, including amendments and supplements thereto. Ignorance of or unfamiliarity with the provisions of this Code shall not excuse any violations thereof.
N O W AI VER S O F PE NA LTI ES
SECTION 2 COVERAGE AND APPLICATION
A RTI CL E 1 2
EMP LO YE ES C OV ER ED
THE PROVISION OF THIS CODE SHALL APPLY TO AL EMPLOYEES OF THE COMPANY AS HEREIN DEFINED. EVERY EMPLOYEE IS BOUND TO COMPLY WITH ALL APPLICABLE RULES, REGULATION POLICIES, PROCEDURES AND STANDARDS AS ISSUED/PROMULGATED BY THE COMPANY THROUGH ITS DULY AUTHORIZED OFFICIALS.
If an offense is committed, disciplinary action, including the imposition of penalties when warranted, shall neither be waived, cancelled, nor delayed for any reason, whether for operational exigencies or otherwise.
I N C ASE O F C ON FLI CT B ETW EEN SPECIAL/ DEPA RTMENTAL RULES, THE PROVISOINS/PENALTIES SHALL APPLY.
ARTICLE 10
TO ENSURE CONSISTENCY, PRIOR TO THE ISSUANCE OF DEPARTMENTAL/SUPPLETORY RULES AND REGULATIONS, THESE
RESPONSIBILITY OF EMPLOYEE
TH IS C OD E A ND MORE SEVERE
SHALL BE REVIEWED AND CLEARED BY THE LEGAL AND HUMAN RESOURCES DEPARTMENTS. ARTICLE 13
SEPARATE CIVIL OR CRIMINAL ACTION
The imposition of any of the penalties herein prescribed shall be without prejudice to any civil or criminal action that the Company may decide to take against the offender. ARTICLE 14
SCHEDULE OF PENALTIES
THE FOLLOWING SCHEUDLE OR RANGES SHALL BE FOLLOWED IN THE IMPOSITION OF PENALTIES UNDER THIS CODE, DEPENDING UPON THE SERIOUSNESS OR GRAVITY OF OFFENSE: I II III IV V VI VII VIII
-
WRITTEN WARNING WRITTEN REPRIMAND SUSPENSION FROM ONE (1) TO THREE (3) DAYS SUSPENSION FROM FOUR (4) TO SEVEN (7) DAYS SUSPENSION FROM ONE (1) WEEK TO ONE (1) MONTH SUSPENSION FROM ONE (1) TO SIX (6) MONTHS SUSPENSION FOR MORE THAN SIX (6) MONTHS TERMINATION
F OR R EA DY R EF ER EN CE, TH E J US T C AU SES FO R TERMINATION OF EMPLOYMENT UNDER ARTICLE 282 OF THE LABOR CODE OF THE PHILIPPINES ARE AS FOLLOWS: (A) SERIOUS MISCONDUCT OR WILLFUL DISOBEDIENCE BY THE EMPLOYEE OR THE LAWFUL ORDERS OF HIS EMPLOYER OR REPRESENTATIVE IN CONNECTION WITH HIS WORK; (B) GROSS AND HABITUAL NEGLECT BY THE EMPLOYEE OF HIS DUTIES; (C) FRAUD OR WILLFUL BREACH BY THE EMPLOYEE OF THE TRUST REPOSED IN HIM BY HIS EMPLOYER OR DULY AUTHORIZED REPRESENTATIVE; (D) COMMISSION OF A CRIME OR OFFENSE BY THE EMPLOYEE AGISNT THE PERSON OF HIS EMPLOYER OR ANY
IMMEDAITE MEMBER OF HIS FAMILY OR HIS DULY AUTHORIZED REPRESENTATIVE; AND (E)
OTHER CAUSES ANALOGOUS TO THE FOREGOING.
(NOTE: GROSS NEGLIGENCE IS ANALOGOUS TO GROSS AND HABITUAL NEGLECT BY THE EMPLOYEE OF HIS DUTIES). TERMINATION OF EMPLOYMENT ACCORDING TO THESE JUST CAUSES.
SHALL
BE
GAUGED
THE PRESENCE OF AGGRAVATING CIRCUMSTANCES SHALL INCREASE THE SEVERITY OF A PENALTY AND THE PRESENCE OF MITIGATING CIRCUMSTANCES SHALL REDUCE IT. AS MUCH AS POSSIBLE THE DURATION OF A PENALTY SHOULD JIBE WITH THE COMPANY PAYROLL PERIOD. ARTICLE 15
WRITE-OFF OF OFFENSES
AN OFFENSE INVOLVING TIMEKEEPING VIOLATIONS COMMITTED BY AN EMPLOYEE SHALL BE CONSIDERED WRITTEN-OFF AFTER ONE (1) YEAR FROM THE TIME THE PENALTY IS SERVED, UNLESS HE COMMITS THE SAME OFFENSE DURING THE ONE (1) YEAR PERIOD, FROM THE TIME THE PENALTY FOR THE LAST OFFENSE IS SERVED. OTHER OFFENSES NOT WILLFULLY COMMITTED AND THOSE NOT INVOLVING MORAL TURPITUDE SHALL BE CONSIDERED WRITTEN-OFF AFTER TWO (2) YEARS FROM THE TIME THE PENALTY THEREFOR IS SERVED UNLESS THE EMPLOYEE CONCEREND COMMITS THE SAEM OFFENSE WITHIN THE SAID PERIOD, IN WHICH CASE THE TWO YEAR PERIOD SHALL BE RECKONED FROM THE TIME THE PENALTY FOR THE SECOND OFFENSE COMMITTED AFTER THE PRESCRIPTIVE PERIOD. ARTICLE 16
COMMUTATION/REDUCTION OF PENALTY
PENALTIES FOR OFFENSE ALAREADY METED OUT BUT NOT YET FULLY SERVED MAY BE COMMUTED OR REDUCED IN JUSTIFIABLE CASES BY THE GROUP HEAD CONCERNED OR THE PAL PRESIDENT. ARTICLE 17
CONSPIRACY OR CONCERTED ACTION
ARTICLE 21
INSTIGATION
If any offense punishable in this Code is committed by a group of employees acting in concert, whether or not there is a specific prior agreement to so act, each and every employee who participants in any way in the concerted action shall be punished with penalty prescribed for the most serious offense which results from such concerted action.
Any employee who instigates, influences, persuades, forces, coerces, or otherwise causes another to commit an offense shall be deemed to have committed that offense himself and shall be subject to a penalty to be determined in the light of the gravity of the offense and the surrounding circumstances.
ARTICLE 18
ARTICLE 22
TOLERANCE OR CONDONATION OF OFFENSE
Any employee who, not being guilty under the next preceding section, is clearly in a position, acting alone and without risk of harm or cost to himself, to prevent the commission of an offense punishable in this Code, or to take measures to solicit or obtain the assistance of others when needed to prevent commission of such offense, or to inform others who are in a position to prevent the commission of such offense, but fails to do so shall e meted a separate penalty to be determined in the light of the circumstances surrounding the employee’s failure to act and the seriousness of the offense actually committed. A SUPERIOR GUILTY OF GROSS INACTION ON THE ABOVE MATTERS MAY BE FOUND GUILTY OF FAILURE ON THE JOB. ARTICLE 19
FAILURE TO REPORT; SUPERIOR’S INACTION
It is the duty of employees to report to management with reasonable dispatch any information in their possession about any offense which has been, is being or is about to be committed. Failure to do so will subject the employee to a penalty to be determined in the light of the gravity of the offense and the surrounding circumstances. IT SHALL BE THE DUTY OF THE SUPERIOR, ON THE OTHER HAND, TO ACT IMMEDIATELY UPON ALL REPORS OF VIOLATIONS, OTHERWISE HE SHALL BE GUILTY OF FAILURE ON THE JOB. ARTICLE 20
ILLEGAL ACTS
The laws, rules and regulations of every country in which the Company operates, on-line or off-line, are hereby incorporated and made an integral part of this Code. The commission of a unlawful act by any employee (whether against a customer, an employee, the Company, or any other party whatsoever), or of a crime, may subject the employee to penalty to be determined in the light of the gravity of the offense and the surrounding circumstances.
ACCEPTANCE OF THIS CODE AND GENERAL NORMS; PENALTIES FOR MISCONDUCT
An employee of the Philippines Airlines, by his acceptance of his employment in the Company, submits himself to the authority of this Code and binds himself t o comply with its provisions. Every employee is obligated to obey the law at all times, to respect the rights of others, to treat others with dignity, and to behave according to generally accepted norms of courtesy, decency, and good conduct, whether or such norms are explicitly included in this Code, VIOLATIONS OF WHICH SHALL SUBJECT HIM TO THE SCHEDULE OF PENALTIES PROVIDED FOR UNDER ARTICLE 14.
CHAPTER II OFFENSES AND PENALTIES SECTION 1 OFFENSES AGAISNT CUSTOMERS IN VIOLATION OF TPC 1
ARTICLE 23
ANTI-CUSTOMER OFFENSES
An employee who commits any of the following shall be meted the penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity and/or frequency of the offenses: (a) Mishandling of Customer, BAGGAGE AND CARGO. Culpable, unjustified, and avoidable errors (whether deliberate or through negligence) in the handling of any customer transaction, service, or need, including but not limited to errors in fare computation, ticket preparation, reservations handling, check-in handling, baggage handling, cargo acceptance and release, documentation, and Mabuhay Lounge and cabin service, in all aspect, especially if such errors result in customer dissatisfaction;
customer, or causing inconvenience to the customer, or performing nonwork-related tasks or engaging in nonwork-related chatting or conversation resulting in inconvenience to or neglect a waiting customer, or causing unnecessary delays in responding to customer needs or requests, or otherwise refusing or failing without justifiable cause to provide prompt, efficient, and courteous service to a customer; (f) Preferential or Discriminatory Treatment. Showing unwarranted preference for or prejudice or discrimination against any customer or class of customers unless special treatment is permitted under applicable tariffs or Company rules and regulations regarding the handling of certain passengers (e.g. minor, medical cases, or handicapped passengers). A RTI CL E 2 4
FA ILU RE O F EMP LO YE E TO WEA R PR ESC RI BED UNIFORMS AND IDENTIFICATION CARDS
a.) Any customer-contract employee who reports for work not wearing the prescribed uniform and/or identification card without justifiable reason, or who wears unauthorized items on prescribed uniforms, shall not be permitted to work and shall be placed on suspension for that particular day. In addition, the employee shall be penalized as follows: FIRST OFFENSE
: Suspension for one (1) day (to be served on the day the offense is committed, as provided above)
(b) Failure to Provide Necessary Supplies. Culpable and unjustified failure to provide or procure materials, supplies, facilities or services in a timely manner which are essential to the proper handling of customers at the required level of quality;
SECOND OFFENSE THIRD OFFENSE FOURTH OFFENSE FIFTH OFFENSE
: : : :
(c) Misinformation or Lack of Information. Giving false, inaccurate, misleading, incomplete; delayed, or no information to customers, when the employee knows, should know or is in a position to obtain such information, thus resulting in inconvenience, discomfort, dissatisfaction, or expense to the customer, or loss revenue or additional costs to the airline.
THE SIXTH OFFENSE SHALL BE CONSIDERED AS CONSTITUTING WILLFUL DISOBEDIENCE AND SERIOUS MISCONDUCT AND SHALL BE PUNISHED BY DISMISSAL
(d) Discourtesy. Discourtesy toward any customer in any form or aspect, including but not limited to rudeness, arrogance, insolence, impoliteness, disdain, contentiousness, ungraciousness, incivility, or inconsiderateness in word or action; (e) Neglect of Customer. Inattention to or neglect of the needs of any customer, or refusal or failure to assist such customer, or ignoring the presence of a
Suspension for three (3) days Suspensi on for seven (7) days Suspension for fifteen (15) days S uspensi on for t hir ty ( 30) days
B.) ANY EMPLOYEE WHO, NOT BEING PUNISHABLE UNDER THE ABOVE PROVISION, FAILS WITHOUT JUSTIFIABLE REASON TO WEAR THE PRESCRIED UNIFORM OR WEAR OR CARRY THE PRESCRIBED IDENTIFICATION CARD DURING OFFICE HOURS ON ANY WORKING DAY, OR WHO WEARS UNAUTHORIZED ITEMS ON PRESCRIBED UNIFORMS, SHALL BE PNENALIZED IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
FIRST OFFENSE S EC ON D O FFEN SE THIR D OFFENSE FOURTH OFFENSE FIFTH OFFENSE SIXTH OFFENSE
: : : : : :
WRITTEN REPRIMAND SU SPE NSI ON FO R O NE ( 1) DA Y SUSPENSION FOR THR EE (3) DAYS SUSPENSINO FOR SEVEN (7) DAYS SUSPENSION FOR FIFTEEN (15) DAYS SUSPENSION FOR THI RTY (30) DAYS
THE SEVENTH OFFENSE IS CONSIDERED AS TANTAMOUNT TO WILLFUL DISOBEDIENCE AND A SERIOUS MISCONDUCT AND SHALL BE PUNISHABLE BY DISMISSAL.
SECTION 2 OFFENSES AGAINST JOB PERFORMANCE STANDARDS IN VIOLATION OF TPC 2
A RT IC LE 25
F AI LU RE O N TH E J OB
Any employee who demonstrates his refusal or inability without justifiable reason or cause to perform the duties and responsibilities of his job and to accomplish the performance and productivity standards thereof shall be meted the penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE depending upon the gravity and/or frequency of the offense and whether the evidence shows the situation to be temporary and remediable or permanent and incurable. WHERE SUCH ACT OR ACTS AMOUNT TO ANY OF THE JUST CAUSES FOR TERMINATION UNDER ARTICLE 282 OF THE LABOR CODE OF THE PHILIPPINES, THE PENALTY SHALL BE DISMISSAL. ARTICLE 26
NON-OBSERVANCE OF QUALITY STANDARDS
ANY EMPLOYEE WHO VIOLATES or refuses or fails without justifiable reason to comply with the quality standards prescribed by the Company’s Quality Improvement Programs (QIP) and related or similar programs and other rules, regulations, prescriptions, mandates, and policies contained in or issued in connection with QIP or aimed to achieving customer satisfaction and related goals and in so far as they relate to human-resource policies, programs and benefits
SHALL BE METED THE PENALTY AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE. ARTICLE 27
WASTING TIME
Any employee who deliberately, with malicious intent, or though negligence spends more time than reasonably necessary in the circumstances to perform his job or his tasks, or causes, encourages, on incites other to do the same, shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14, depending on the gravity of the offense. WHERE SUCH ACTS AMOUNT TO G RO SS A ND H AB IT UA L N EG LEC T O F D UT Y O R WI LL FU L DISOBEDIENCE THE PENALTY SHALL BE DISMISSAL. ARTICLE 28
INEFFICIENCY AND WASTE
Any employee who deliberately or through negligence, wastes or consumes or utilizes more than reasonably necessary in the circumstances the Company’ FUNDS, supplies, materials, and other resources or performs his jobs or his tasks, or causes, encourages, or incites other employees to do the same, shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity of the offense. WHERE SUCH ACTS AMOUNT TO GROSS AND HABITUAL NEGLECT OF DUTY OR WILFUL DISOBEDIENCE, THE PENALTY SHALL E DI SMISAL. ARTICLE 29
TIME CARD IRREGULARITIES/ TIMEKEEPING VIOLATIONS
a) Any employee who removes or takes out any time card off the card racks without proper authority from his superior or timekeeper shall be suspended as prescribed in the schedule of penalties under article 14 of this Code. b) Any employee who deliberately alters or tampers with his ID/time card or that of another employee, SHALL BE DISMISED AS IN CASES OF FALSIFICATION. c) Pu nc hi ng/ SWR IPI NG t he I D/ ti me c ar d o f an ot he r e m pl oy ee, o r knowingly and willfully CAUSING OR ALLOWING another employee to punch/SWIPE his/own ID/time card, shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UDNER ARTICLE 14 OF THIS CODE, DEPENDING UPNO THE CIRCUMSTNACES OF THE OFFENSE.
d) If any employee requests, allows or in any way causes another employee to punch his own (the former’s) time card, both employees shall be punished as stated in the next preceding sentence. IT SHALL BE CONSIDERED SERIOUS MISCONDUCT FOR EMPLOYEES TO COMMIT OFFENSES b), c) and d) FOR THE SECOND TIME, IN WHICH CASE THE PENALTY SHALL BE DI SMISSAL. ANY EMPLOYEE WHO MAKES IT APEPAR IN ANY DOCUMENT THAT HE IS PRESENT AT WORK FOR THE DAY WHEN HE IS NOT, OR PRESENTS ANY FALSE SICK LEAVE DOCUMENT, SHALL BE CONSIDERED UILTY OF FRAUD, FALSIFICATION AND SERIOUS MISCONDUCT AND SHALL BE DISMISSED. ARTICLE 30
FOURTH OFFENSE FIFTH OFFENSE SI XTH O R M OR E OFFENSES
THE ABOVE PROVISIONS NOTWITHSTANDING, THE PENALTY OF TERMINATION FOR CAUSE SHALLB E IMPOSED ON EMPLOYEES GUILTY OF TARDINESS WHERE IT IS SHOWN THAT SUCH TARDINESS HAS RESULTED TO GROSS AND HABITUAL NEGLECT OF DUTIES OR TO GROSS NEGLIGENCE. For purpose of implementing this section, tardiness shall be considered to have been committed when an employee comes to work late FOR A TOTAL OF MORE THAN THIRTY (30) MINUTES within any pay period.
FAILURE TO PUNCH TIME CARD
Any employee who fails to punch/SWIPE his time card (before or after office hours) without justifiable reason during a calendar year shall be penalized in accordance with the following schedule:
NEVERTHELESS, each department or office within the company shall clearly set forth the standards of promptness applicable to ITS employees, which standards shall be consistent with Company policies and prescribed guidelines on the matter. ARTICLE 32
FIRST OFFENSE SECOND OFFENSE THIR D OFFENSE FOURTH OFFENSE FIFTH OFFENSE S IX TH O FFEN SE SEVENTH OR MORE OFFENSE ARTICLE 31
: Suspension for three (3) days : S uspensi on for seven (7) days : S usp en si on f or f if te en ( 15 ) d ay s
: : : : : : :
W ri tten admonit ion or warni ng W ri tten reprimand S uspension for one (1) day Suspension for three (3) days S uspension for seven (7) days S us pen si on f or f if te en ( 15 ) da ys Suspension for thirty (30) days
TARDINESS
Any employee, whether or not required to punch/SWIPE a time card, who repot late for work within a calendar year, except when due to unavoidable circumstances or causes beyond his control, or for any other justifiable reason, shall be penalized according to the following schedule applied in such a manner that the first case of tardiness committed y an employee during a calendar year shall be considered as his first offense in that year: FIRST OFFENSE SECOND OFFENSE THIR D OFFENSE
: W ri tten admonit ion or warni ng : W ri tten reprimand : S uspension for one (1) day
ABSENCE WITHOUT LEAVE OR NOTICE
Any employee who fails to report for work without securing the previous written approval of his superior(s), unless considered unavoidable or justifiable by the DIVISION OR department head concerned, shall be penalized in accordance with eh following schedule: FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE FOURTH OFFENSE FIFTH OR MOR E OFFENSES
: : : : :
S uspension for one (1) day Suspension for three (3) days Suspensi on for seven (7) days Suspension for fifteen (15) days Suspensi on for t hir ty ( 30) days
For purposes of the above, one (1) day of absence without leave shall constitute one offense, so that, for example, absence without leave for three (3) consecutive working days shall constitute three separate offenses. In such a case, the penalty shall be the total number of days of suspension incurred for all the offenses committed, hence, in the example given, the penalty shall be suspension for eleven (11) days.
THE ABOVE PROVISION NOTWITHSTANDING, THE PENALTY SHALL BE DISMISSAL WHERE SUCH ABSENCE WITHOUT LEAVE RESULTS TO GROSS AND HABITUAL NEGLECT OF DUTY OR GROSS NEGLIGENCE, OR G RO SS N EG LI GEN CE , O R WH EN I T I S TA NTA MO UN T T O ABANDONMENT OF WORK. ABSENCE WITHOUT LEAVE FOR MORE THAN FIFTEEN (15) CONSECUTIVE CALENDAR DAYS SHALL BE CONSIDERED AS GRAVE AND HABITUAL NEGLECT OF DUTY, FOR WHICH OFFENSE. A NOTICE OF ADMINISTRATIVE CHARGE MUST IMMEDIATELY BE ISSUED BY THE ERRING EMPLOYEE’S SUPERIOR. ARTICLE 33
UNAUTHORIZED UNDERTIME
ANY EMPLOYEE WHO REPORTS FOR, OR LEAVES WORK UNDERTIME FOR MORE THAN ONE (1) HOUR WITHOUT PREVIOUS WRITTE APPROVAL OFHIS SUPERIOR UNELSS CONSIDERED UNAVOIDABLE OR JUSTIFIED BY THE DIVISION OR DEPARTMENT HEAD CONCERNED, SHALL ASIDE FROM DEDUCTIONS FOR SUCH UNDERTIME BE PENALIZED AS FOLLOWS: FIRST OFFENSE S EC ON D O FFEN SE THIR D OFFENSE FOURTH OFFENSE FIFTH OFFENSE SIXTH OR MOR E OFFENSE
: : : : : :
WRITETN REPRIMAND SU SPE NSI ON FO R O NE ( 1) DA Y SUSPENSION FOR THR EE (3) DAYS SUSPENSION FOR SEVEN (7) DAYS SUSPENSION FOR FIFTEEN (15) DAYS SUSPENSION FOR THI RTY (30) DAYS
THE ABOVE PROVISIONS NOTWITHSTANDING, THE PENALTY OF TERMINATION FOR CAUSE SHALL BE IMPOSED ON EMPLOYEE GUILTY OF UNAUTHORIZED UNDERTIME WHERE IT IS SHOWN THAT SUCH UNAUTHORIZED UNDERTIME HAS RESULTED TO GROSS AND HAITUAL NEGLECT OF DUTY OR TO GROSS NEGLIGENCE. ARTICLE 34
SLEEPING DURING WORKING HOURS
Any employee who, during any calendar-year period, is found sleeping without justifiable reason during his working hours or while on duty shall be penalized as follows:
FIRST OFFENSE: (A) Suspension form fifteen (15) to thirty (30) days; (B) IF THE EMLOYEE TENDS A MACHINE OR EQUIPMENT THE PENALTY SHALL BE SUSPENSION FOR AT LEAST TWO (2) MONTHS OR DISMISSAL, DEPENDING ON THE GRAVITY OR THE CONSEQUENCES OF THE OFFENSES (C) Dismissal if the safety of passengers is involved, as in the case of pilot or cabin attendant on flight outside his rest period. SECOND OFFENSE: (A) Suspension for FORTY FIVE (45) days; (B) IF THE EMPLOYEE TENDS A MACHINE OR EQUIPMENT THE PNEALTY DISMISAL, DEPENDING ON THE GRAVITY OR THE CONSEQUENCES OF THE OFFENSES. THIRD OFFENSE: Dismissal (ON THE GROUND OF GROSS NEGLIGENCE OR GRAVE AND HABITUAL NEGLECT OR DUTY) ARTICLE 35
MALINGERING
Any employee who, for the purpose of avoiding work, duty, or service, OR OTHER PERSONAL REASON, FEIGNS ILLNESS, physical disability, mental lapse or derangement, or intentionally inflicts self-injury, shall be penalized AS PRESCRIBED IN THE SCHEDULEOF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon THE FREQUENCY OR the gravity of the offense. WHERE SUCH ACTS RESULT IN GROSS NEGLIGENCE OF DUTIES, THE PENALTY SHALL BE DISMISAL. ARTICLE 36
LOITERING AND ABANDONMENT OF POST
Any employee who idles away his time within or outside company premises or abandons his post during working hours without authority or valid cause or reason shall be penalized IN ACCORDANCE WITH THE SCHEDULE OF PENALTIES PROVIDED UNDER ARTICLE 14 OF THIS CODE. THE PENALTY SHALL BE DISMISSAL WHERE SUCH ACT RESULTS IN GROSS NEGLIGENCE OF DUTIES OR GRAVE AND HABITUAL NEGLECT OF DUTY.
SECTION 3 OFFENSES AGAINST TEAMWORK IN VIOLATION OF TPC 3 ARTICLE 37
ANTI-TEAMWORK OFFENSES
Any employee who commits any of the following shall be meted the penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity of the offense or of i ts consequences: (a) Withholding Cooperation. Refusing of failing to cooperate with, or deliberately withholding cooperation form, or refusing or failing to help, assist, and provide team support to fellow employees, whether peers, superiors, or subordinates, without justifiable cause, when such cooperation and teamwork are needed to ensure the performance or completion of any company operation or to protect the Company’s interests;
(e) Abuse of Authority. Abusing the exercise of one’s authority, or taking undue advantage of such authority, to gain undue favors or advantage for oneself OF FOR OTHERS, or to oppress harass, and otherwise prejudice another; (f) Intrigue. Deliberately spreading or disseminating false, inaccurate, misleading or incomplete information (including false or misleading or incomplete information of this Code or any Company regulation) about an employee with the intent or aim of, or which results in, damaging, tarnishing or besmirching his reputation or standing within the company, or weakening or destroying the trust and confidence of others in him, or undermining or destroying his authority (if a superior) over others; (g) Maltreatment of Superiors, Colleagues, and Subordinates. Treating a superior, peer employees, or subordinates without respect or in manner inconsistent with their dignity as human beings, violate their rights, or contrary to or inconsistent with the accepted principles and norms of justice, fairness, and equity. ARTICLE 38
(b) Withholding of Information. Refusal or Failure to Communicate. Withholding information or refusal or failure without justifiable cause to communicate with or provide information to a fellow employee when such information or communication is needed to ensure the performance or completion of any company operation, or for any employee to make sound decision, or to protect the Company’s interests; (c) False Information. Deliberately or through culpable negligence, giving false, inaccurate, misleading, incomplete, or delayed information to THE COMPANY OR to a fellow employee which results in: damage to the quality of the Company’s products and services; customer dissatisfaction in ay form; errors, delays, inefficiencies, higher costs, and similar disruptions or irregularities in operations; losses or foregone revenues; lowering of employee productivity or morale; wrong or unsound decisions; or any other disruption or damage to the company’s effectiveness and efficiency in achieving its goals, objectives and standards in any area of its operations; (d) Disrespect for Authority. Treating, by word or deed, a superior or any other person in authority in a manner which indicates contempt or disrespect for the position occupied by such superior or person in authority;
INSUBORDINATION OR WILLFUL DISOBEDIENCE
ANY EMPLOYEE WHO refuses or fails without justifiable cause to obey and/or implement any lawful OR REASONABLE RULE, regulation, CATEGORICAL ORDER OR INSTRUCTION, or policy issued by the Company or by his superior(s), OR AUTHORIZED REPRESENTATIVE, RELATED TO THE WORK OF THE EMPLOYEE, or inciting or urging fellow employees to commit such insubordination, SHALL SUFFER THE PENALTY OF DISMISSAL.
SECTION 4 OFFENSES AGAINST TOTAL PERSONNEL CARE IN VIOLATION OF TPC 4 ARTICLE 39
ANTI-EMPLOYEE OFFENSES: COMMISSION AND OMISSION
Any employee who commits any of the following shall be meted the penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity and/or frequency of the offense: (a) Erroneous Handling of Employee Service. Culpable, unjustified, and avoidable errors (whether deliberate or through negligence) in the handling of any
employee transaction, service, or need, including but not limited to errors and unjustified delays in salary and wage computation and payment, processing of Payroll Authorizations and processing of employee benefits; (b) Neglect of employee Rights. Inattention to or neglect of the rights of any employee as set forth in Company manuals, policy directives, rules and regulations, and collective bargaining agreements, or causing unnecessary delays in processing employee requests regarding benefits and privileges to which such employee is entitled, or otherwise refusing or failing without justifiable cause to provide prompt, efficient and courteous service to an employee; GROSS NEGLIGENCE, GROSS AND HABITUAL NEGLECT OF DUTIES ARE JUST CAUSES FOR TERMINATION UNDER THE LABOR CODE. (c) Undue Favors. Providing favored or preferential treatment to any employee in the application of any Company procedures, in violation of Company rules and regulations. If this offense is committed in exchange for monetary or nonmonetary considerations, the penalty shall be that of dismissal. ARTICLE 40
ARTICLE 41 INFLUENCE PEDDLING Any employee who offers to solicit the recommendation or endorsement of a third party in favor of the promotion, salary increase, transfer, or similar movement of a fellow employee shall be punished AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity and/or frequency of the offense. If done in exchange for consideration, financial or otherwise, the penalty shall be that of dismissal. ARTICLE 42
INTERVENTINON IN ADMINISTRATIVE CASE
Any employee who intervenes in any way (except as counsel or as observer pursuant to a collective bargaining agreement) or solicits the intervention of a third party in any administrative investigation or disciplinary proceeding in order to influence the outcome of such investigation of proceeding shall be punished AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity of the offense and the particular circumstances.
INFLUENCE SOLICITATION ARTICLE 43
Employee movements within the Company, such as promotions, salary increases, or transfer, shall be done strictly on the basis of performance, merit, and the legitimate requirements of the Company in pursuing its business goals, objectives, and standards. According, any employee who solicits the recommendation or endorsement of third parties, whether verbal or written, in favor of his promotion, salary increase, transfer, or the like shall be punished AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity and/or frequency of the offense. Any employee who feels aggrieved with respect to his promotion, salary increase, transfer, or any other similar action, or with respect to the Company’s refusal or failure to favor him with such movement shall in the first instance discuss his grievance with his superiors or the proper higher officials within his department. If the employee is not satisfied with the results of such discussions, he should avail himself of the personnel policies of the Company or applicable collective bargaining agreements, rather than soliciting third-party intervention.
CULPABLE DELAY IN INVESTIGATION
Any department head, or any official who may be designated by him pursuant to CHAPTER III, RULE I THIS CODE, who unreasonably or without sufficient reasons delays the investigation of any violation of the provisions of this Code or of any complaint filed against a subordinate, or who similarly delays the disposition of any administrative case, shall be meted the penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity and/or length of such delays. ANY UNJUSTIFIED DEVIATION FROM THE PERIOD PRESCRIBED UNDER CHAPTER III (DISCIPLINARY PROCEEDINGS) SHALL CONSTITUTE CULPABLE DELAY.
SECTION 5 OFFENSES AGAINST GOOD NAME, REPUTATION, WELL-BEING AND SECURITYOF THE COMPANY IN VIOLATION OF TPC 5 ARTICLE 44
ANTI-COMPANY OFFENSES
Any employee who commits the following shall be meted the penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UDNER ARTICLE 14 OF THIS CODE, depending on the gravity or frequency of the offense: (a) Violation of Safety. Violating safety rules and regulations issued by competent government authority or by the Company or otherwise endangering, jeopardizing, or compromising in any manner, by word or action, the safety of any Company operation, flight or nonflight, deliberately or through negligence. (b) Breach of Security. Endangering, jeopardizing, or compromising in any manner, by word or action, the security of any Company personnel, operations, assets, properties, and documents. (c)
spreading false rumors about the Company, embarrassing, ridiculing, or mocking the Company by word and/or action in the presence of other people, whether employees not, and criticizing the Company in public OR ANY OTHER ACTIONS WHICH EMBARRASS OR CAUSE ADVERSE PUBLICITY OR DAMAGE TO THE COMPANY; provided, however, that criticizing the Company operations, shall constitute not an offense but a laudable activity, if such criticism is expressed solely within the Company and before appropriate Company officials; (e) Improper Release of Information. Revealing or releasing, without authority, confidential information belonging to or pertaining to the Company (including but not limited to trade secrets, marketing or financial data, or information relating to any aspect of the Company’s purchasing activities) which revelation or release exposes the Company to, or actually inflicts upon the Company, financial damage or injury to its goodwill, reputation and standing in the community or the industry. (f) Advance Release of Information. Releasing information belonging to or pertaining to the Company in advance of the authorized release date. In the case of subparagraphs (d), and (f) immediately preceding, if the revelation or release of information is done with the intent of causing damage to the Company, or for personal gain or favor, the penalty of dismissal shall be imposed.
Damage or Disruption – SECTION 5
(1) Deliberately or though negligence causing, directly or indirectly, through words or deeds, damage to and/or disruption to Company personnel and/or property: (2) Permitting such damage, destruction, and/or disruption to occur when the employee is clearly in a position and has the capability to prevent it without danger to himself;
COMMON OFFENSES AGAINST CORPORATE VALUES INVOLVING GOOD EPRSONAL BEHAVIOR AND CONDUCT
ARTICLE 45 (3) Concealing or withholding from the appropriate authorities within the Company information in the employee’s possession regarding actual or imminent threats or dangers to the well-being or safety of the Company’s personnel, customers, property, or interests, or to the profitability of the Company’s operations. If done with malicious intent, the offenses under subsection (a), (b), and (c), immediately preceding, shall be punishable by dismissal. (d) Injuring Company Reputation. CAUSING DAMAGE OR INJURY TO the reputation and image of the Company in the eyes of other people, such as by
CONVICTION
Any employee convicted y a competent court of an offense which constitutes a crime INVOLVING MORAL TURPITUDE under the law of the place where the act is committed, WHICH IS WORK-RELATED, OR WHICH INVOLVES THE SAFETY, WELFARE, REPUTATION OR STANDING OF THE COMPANY IN TH E C OMM UN ITY , O R W HI CH C AR RI ES T HE P EN ALT Y O F IMPRISONMENT FOR MORE THAN ONE (1) MONTH shall incur a penalty AS PRESCRIBED IN EH SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity of the offense and/or circumstances of its
commission. Proof of such conviction shall be considered as substantial evidence for purposes of the administrative hearing.
ARTICLE 50
WHERE SUCH VIOLATION CONSTITUTES SERIOUS MISCONDUCT OR BREACH OF TRUST, THE PENALTY OF DISMISSAL SHALL BE IMPOSED. FURTHERMORE, A SENTENCE OF CONVICTION WITH IMPRISONMENT FOR MORE THAN ONE (1) MONTH SHALL BE CONSIDERED AS SERIOUS MISCONDUCT, AND SHALL BE SUBJECT TO DISMISSAL.
ANY EMPLOYEE WHO ENGAGES IN INDECENT, DISCOURTEOUS OR DISORDERLY, IMMORAL OR LASCIVIOUS BEHAVIOR DURING WO RK IN G H OU RS O R WH IL E O N D UT Y, O R EN GA GES I N HORSEPLAYING OR ACTS in disorderly manner during working hours or while on duty, or within company premises shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity or frequency of the offense. THE PENALTY OF DISMISSAL SHALL BE IMPOSED IF SUCH ACT CONSTITUTES SERIOUS MISCONDUCT.
ARTICLE 46
VIOLATION OF LAW/GOVERNMENT REGULATIONS
Any employee who by SUBSTANTIAL EVIDENCE PRESENTED AT AN ADMINISTRARIVE EHARING is found to have violated or attempted to violate existing laws, decrees, regulations, or orders issued by the Philippine or other governments, and their agencies and instrumentality, WHICH VIOLATION INVOLVES MORAL TURPITUDE, IS WORK-RELATED, OR WHICH INVOLVES THE SAFETY, WELFARE, REPUTATION, OR STANDING OF THE COMPANY IN THE COMMUNITY, shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity and/or frequency of the offense. WHERE SUCH VIOLATION CONSTITUTES SERIOUS MISCONDUCT OR BREACH OF TRUST, THE PENALTY OF DISMISSAL SHALL BE IMPOSED. ARTICLE 47
DRUNKENNESS/ALCOHOLISM
Any employee WHO REOPRTS FOR WORK UDNER THE INFLUENCE OF LIQUOR OR WHO DRINKS ALCOHOLIC BEVERAGES during office hours or while on duty 9EXCEPT ON OFFICIAL FUNCTIONS), shall incur a penalty AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending upon the gravity or frequency of the offense. A RT IC LE 48
A RTI CL E 5 1
HORSEPLAYING; DISCOURTEOUS OR DISORDERLY OR IMMORAL BEHAVIOR
SEX UA L H AR AS SM EN T
AN EMPLOYEE WHO COMITS SEXUAL HARASSMENT UPON HIS/HER CO-OFFICIAL, CO-EMPLOYEE, APPLICANT FOR EMPLOYMENT OR ANY OTHER CUSTOMER OR SUPPLIER OF THE COMPANY SHALL BE PENALIZED AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE DEPENDING UPON THE GRAVITY OF THE OFFENSE. “SEXUAL HARASSMENT” IS DEFINED AS ANY ACT COVERED BY THE PROVISIONS OF REPUBLIC ACT NO. 7877, OR MORE EXPLICITLY ANY UNWANTED OR UNWELCOME SEXUAL ADVANCE, DEMAND OR REQUEST FOR SEXUAL FAVOR, OR OTHER ACT OR CONDUCT OF SEXUAL NATURE WHETHER WRITTEN, ORAL OR PHYSICAL AND SUCH ACT: 1.
IS COMMITTED TO TAKE ADVANTAGE OF THE WEAKNESSES, VULNERABILITY, STATUS AND PROFESSIONAL, SOCIAL AND ECONOMIC STANDING OF THE OFFICIAL, EMPLOYEE, OR CLIENT; OR
2.
IS EXPLICITYLY OR IMPLICITLY IMPOSED AS A CONDITION FOR SECURING EMPLOYMENT, ADVANCEMENT, PROMOTION, ASSISTANCE, SERVICES OR PREFERENTIAL TREATMENT; OR
3.
INTERFERES ADVERSELY WITH THE OFFICIAL’S OR EMPLOYEE’S PERFORMANCE; OR
4.
IS BOUND TO CREATE A HOSTILE, OFFENSIVE, INTIMIDATING OR UNCOMFORTABLE WORK ENVIRONMENT.
P RO HI BI TE D D RU GS
Any employee who indulges in gambling in any form at anytime within the Company premises or while on duty shall be penalized as follows: FIRST OFFENSE SECOND OFFENSE THIRD OFFENSE
: Suspension from fifteen (15) days to one (1) Month : Suspension from One (1) Month to six (6) Months : Dismissal
A RT IC LE 52
A SSA ULT ; V IO LE NT AC T
Any employee who, ON COMPANY TIME, OR IN COMPANY PREMISES, physically assaults another person or uses force or violence shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity and/or frequency of the offense. Any employee who, ON COMPANY TIME OR INSIDE COMPANY PREMISES, commits the following shall be meted the penalty of dismissal; (a) Violence. Using force, violence, coercion, threats, intimidation or other unlawful, improper or irregular means on customers, other employees or third person; (b) Assault. Physical assault and battery committed against a customer, a fellow employee on company premises, or during working hours (whether or not on Company premises), regardless of whether the assault results in serious physical injury; (c) Fighting. QUARRELING OR ENGAGING IN FIGHTING OR physical combat with a customer, another employee or a third person in Company premises or during working hours (whether or not on Company premises). A RT IC LE 53
TH REA TS ; C OE RC IO N
shall constitute an offense punishable AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UDNER ARTICLE 14 OF THIS CODE, depending on the gravity of offense and the particular circumstances. ARTICLE 55
SMOKING IN CLEARLY DESIGNATED SMOKE FREE ZONES IS STRICTLY PROHIBITED. THE FOLLOWING SHALL BE CONSIDERED AS STRICTLY SMOKE-FREE ZONES AND THESE PLACES SHOULD BE CONSPICUOUSLY POSTED WITH SUCH NOTICES, (A) ENCLOSED WORKPLACES AND OFFICES; (B) CANTEENS; (C) TRAINING AND CONFERENCE ROOMS; AND (D) DESIGNATED AREAS IN THE AIRCRAFT; HANGARS, SHOPS AND OFFICES WHERE SMOKING IS A THREAT TO THE SAFETY AND SECURITY OF COMPANY RESOURCES. VIOLATIONS OF THESE PROHIBITION BY EMPLOYEES SHALL SUBJECT THEM TO THE FOLLOWING PENALTIES: FIRST OFFENSE SEC OND OFFENSE THIRD OFFENSE FO UR TH O FF EN SE FIFTH OFFENSE SIXTH AND SUBSEQUENT OFFENSES
Any employee who, ON COMPANY TIME OR IN COMPANY PREMISES, COERCES OR threatens to inflict harm on the person, property, or reputation of A CO-EMPLOYEE OR a THIRD PERSON, shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UDNER ARTICLE 14 OF THIS CODE, depending on the gravity and/or frequency of the offense. FURTHERMORE, THREATS COMMITTED AGAISNT A CUSTOMER SHALL CONSTITUTE SERIOUS MISCONDUCT AND SHALL BE METED THE PENALTY OF DISMISSAL. ARTICLE 54
IMPROPER BEHAVIOR WHEN TRAVELLING
When traveling in Company flights, whether on official business or on fringe benefits, employees must be constantly aware of their special responsibility as representatives of PAL. Employees are expected to observe the norms of correct decorum and good conduct and behavior while traveling. Failure to act accordingly
SMOKING IN PROHIBITED PLACES
: : : : : :
VERBAL REMINDER V ERBAL REPRIMAND W RITTEN REPRIMAND O NE ( 1) D AY S USP EN SI ON T HREE (3) DAYS SUSPENSION SEVEN (7) DAYS SUSPENSION
SECTION 7 COMMON OFFENSES AGAINST CORPORATE VALUES INVOLVING HONESTY AND INTEGRITY ARTICLE 56
CORRUPTION/EXTORTION/BRIBERY
Any employee who directly or indirectly OFFERS, demands, requests, solicits, receives, or accepts any consideration, share, percentage, or commission for himself or for another person in connection with any contract or transaction entered into by the Company shall suffer the penalty of dismissal.
ARTICLE 57
FRAUD AGAINST THE COMPANY
Any employee who DELIBERATELY OR NEGLIGENTLY makes A FALSE REPRESENTATION OF FACTS OR ANY KIND OF DECEPTION, OR a false or fraudulent claim against the Company; or knowingly OR WITH GROSS NEGLIGENCE, initiates or takes part in any action intended to defraud the Company or to obtain a payment, benefit, or gain from the Company to which he OR a THIRD PARTY is not entitled, or knowingly honors a forged signature for his own benefit or that of another person; or ACCEPTS, SUBMITS OR gives dues course or approval to a document knowing it to be false or erroneous, UNDER OR OVERVALUED, shall suffer the penalty of dismissal. ARTICLE 58
MISHANDLING/MISUSE OF COMPANY FUNDS, PROPERTY OR RECORDS
ANY EMPLOYEE WHO KNOWINGLY, OR WILFULL OR THROUGH NEGLIGENCE, MISUSES OR MISHANDLES COMPANY FUNDS, EQUIPMENT, PROPERTY OR RECORDS SHALL BE PENALIZED AS PERSCRIBED IN THE SCHEDUELOF PENALTIES UDNER ARTICLE 14 OF THIS CODE, DEPENDING ON THE GRAVITY OF THE OFFENSE. ARTICLE 59
THEFT, PILFERAGE, OR EMBEZZLEMENT
Any employee who removes or takes or attempts to remove or take from Company premises, authority to do so, any funds, equipment, tools, materials, supplies, accountable forms, or other properties owned by, leased to, or deposited with the Company, regardless of the condition or value of such property, or who steals, embezzles, OR DEFAULTS with Company funds, accountable forms or property or the personal property of other employees shall be punished by dismissal. The same penalty of dismissal shall be imposed upon any employee caught pilfering or attempting to pilfer baggage, cargo, Company supplies, aircraft equipment, parts or components of any kind, catering provisions and any other Company property OR THAT OF A CUSTOMER, or who abets or gives occasion to pil ferages. ARTICLE 60
FALSIFICATION
FALSIFICATION OF A COMPANY DOCUMENT OR THE USE OF A FALSIFIED DOCUMENT OR FALSE INFORMATION IS A SERIOUS MISCONDUCT. Any employee who, shall falsify, conceal, or fabricate Company
documents or records, or enters false information on any official company documents shall suffer the penalty of dismissal. ACTS OF FALSIFICATION INCLUDE NOT ONLY TAMPERING WITH OR ALTERING DOCUMENTS OR RECORDS, BUT ALSO THAT OF REPRESENTING FALSELY OR DISTORTING, OR VIOLATING THE TRUTH. ARTICLE 61
UNOFFICIAL USE OF COMPANY PROPERTY AND FACILITIES
An employee who uses Company EQUIPMENT AND FACILITIES, including AIRCRAFT SEAT(S), CARGO SPACE, BULLETIN BOARDS, pouch or communication facilities, ETC., WITHOUT PROPER AUTHORITY OR FOR ILLEGAL PURPOSES, shall be penalized AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity and/or frequency of the offense. ARTICLE 62
MISUSE OF COMPANY OR INTERLINE TRIP PASS, REDUCED RATE AND NON-REVENUE/REBATED SHIPMENT PRIVILEGES, OR BAGGAGE ALLOWANCES
Any employee who either gratuitously or for a consideration, gives his Company or interline trip pass, or reduced rate privileges, or his non-revenue and rebated rate privileges or BAGGAGE ALLOWANCES to any person other than the one in whose favor it was issued, or otherwise deliberately or though gross negligence makes it possible for the latter to make use of the same, or though deceit or misrepresentation obtains such a trip pass, reduced rate or non-revenue/rebated shipment privilege or BAGGAGE ALLOWANCES in favor of any person who under Company policy or interline agreement is not entitled thereto, shall suffer the penalty of dismissal. SHIPMENT OF CARGOES OF COMMERCIAL QUANTITY SHALL BE CONSIDERED PRIMA-FACIE EVIDENCE OF VIOLATION. The penalty of SUSPENSION FOR ONE (1) YEAR shall be imposed upon the employee if any of the foregoing acts are committed by his dependent. HOWEVER, A REPETITION OF THE SAME OFFENSE SHALL BE METED THE PENALTY OF DISMISSAL. It shall be the duty and responsibility of the employee to ensure that all his dependents are fully aware of all rules regarding non-revenue or reduced rate company or interline travel, as well as non-revenue or rebated shipments.
ARTICLE 63
IMPROPER USE OF SPACE ACCOMMODATION
Any employee who, being charged with the duties of handling flight reservations or of checking passengers in for a flight, accommodates a non-ticketed person, holder of a ticket, trip pass, or reduced rate ticket not otherwise entitled to be accommodated on the flight, or any employee who knowingly loads or causes to be loaded in Company aircraft goods not properly documented shall suffer the penalty of dismissal.
(B) ANY EMPLOYEE WHO FALSELY REPRESENTS HIS QUALIFICATION REQUIRED FOR HIRING OR PROMOTION. (C) ANY EMPLOYEE WHO LEAKS OUT TEST MATERIALS AND SCORING KEYS, OR WHO MAKES USE OF SUCH LEAKED OUT TEST MATERIALS AND SCORING KEYS. ARTICLE 66
DISLOYALTY; ABETTING COMPETITORS
The penalty of suspension from ten (10) to thirty (30) days shall be imposed upon any employee who misrepresents the priority status of a trip pass or reduced rate ticket (whether his own or that of his qualified dependents, or that of another employee or the latter’s qualified dependents) to obtain accommodation on a certain flight.
Any employee who acts or does anything in any manner contrary, or prejudice to the interests of the Company’s competitors at the expense of the Company, or abets the INFLICTION OF ADVERSE PUBLICITY, commercial, political, legal, or any other form of harm or damage to the Company shall suffer the penalty of dismissal, unless mitigating circumstances warrant a lesser penalty.
If the employee tampers with the pass or reduced rate ticket by placing false or incorrect information or in any way substituting any entry thereon without proper authority, the employee shall SUFFER THE PENALTY OF DISMISSAL.
A RTI CL E 6 7
ARTICLE 64
PERJUDY/FALSE TESTIMONY
Any employee who knowingly makes untruthful statements in an affidavit subscribed before a competent person authorized to administer oath related to a matter which is subject of an official inquiry or investigation conducted by the Company, or who knowingly and deliberately gives false testimony OR OFFERS FALSE EVIDENCE in an official inquiry or investigation conducted by the Company shall suffer the penalty of dismissal. ARTICLE 65
IRREGULARITIES CONNECTED WITH EMPLOYMENT
THE FOLLOWING IRREGULARITIES CONNECTED WITH EMPLOYMENT ARE ACTSOF SERIOUS MISCONDCUT AND ARE PUNISHABLE WITH DISMISSAL. (A) Any employee who persuades, introduces, or i nfluences an official into hiring an applicant by concealing or misrepresenting the disqualification or lack of qualification of the latter, or other wise deceives another official by falsely representing that the applicant possesses the qualifications, training, or experience for the given position REQUIRED FOR HIRING OR PROMOTION.
C ON FL IC T O F I NT ER ES T
It is the obligation of every employee to declare and divulge in writing to the Company his own involvement in any conflict of interest with the Company. The very existence of a conflict of interests situation is not in itself a punishable offense. However, failure, whether deliberate or through neglect, to divulge the same to the Company shall be punishable AS PRESCRIBED IN THE SCHEDULE OF PENALTIES UNDER ARTICLE 14 OF THIS CODE, depending on the gravity of the situation. After an employee makes such a declaration, the Company shall determine whether or not the actual or potential conflict of interest poses any danger to the Company. If so, the Company shall take measures to protect itself from any harmful effects of such conflict. Such measures shall include but shall not be limited to transferring the employee to another position whereby the conflict shall cease to exist, or requiring the employee to divest himself of all his interests which are in conflict with eh Company’s, or otherwise to resign from the Company. For purposes of this Code, a conflict of interest shall be deemed to exist where, in general, a PAL official or employee has acquired a financial or other interest of a personal nature in any business enterprises or transaction in which he may be called upon to act (for example to approve, recommend action, make findings of fact) in a manner detrimental to the interest of Philippine Airlines by reason of his personal involvement in such business enterprise or transaction. Such personal interest is not confined to the personal involvement of the officer or employee himself but may also arise directly or indirectly as a result of the officer’s or employee’s family or
close personal relationship. “Family relationship” shall include the spouse or relatives y consanguinity to the third degree or by affinity to the second degree. “Close personal relationship” shall include close personal friendship or professional employment by the officer or employee giving rise to or assuring free access to such officer or employee. While the following list of conflict of interests situations is not exhaustive, it illustrates types of situations that fall within the purview of t his Code. 1. Investments or other pecuniary or material interest, directorship, officership, partnership, employment, consultancy, distributorship, or agency or sub-agency in (a) supplier Company, (b) a contractor, (c) a sub-contractor, (d) a customer, (e) a competitor, (f) a travel agent, cargo forwarder, or tour operator, (g) a creditor, or (h) any other Company or enterprise that does business or seeks to do business with PAL OR WHICH IS COMPETITION WITH THE BUSINESS OF PAL. 2. Borrowing money or property from, or otherwise incurring any debt to, any of the Companies or enterprises enumerated in no. 1 above; 3. Solicitation or acceptance, whether directly or indirectly of payments, commissions, rebates, services or gifts of more than nominal value, excessive entertainment, or other improper or excessive favors from any of the Company or enterprices enumerated in no. 1 above; 4. Trading in the stock or evidences of indebtedness of PAL; 5. Outside employment directorship, officership, partnership, consultancy, distributorship, or agency in any Company or enterprise not included in no. 1 above but which adversely affects the employee’s working efficiency and productivity in PAL; 6. Revealing confidential information to outsider, or participating in civic, professional, or other organizations that might involve divulging internal company data; 7. Preempting the Company in the purchase of any asset which the Company is interested in acquiring OR TAKING FOR ONE’S SELF, OR PASSING ON TO A RELATIVE OR ASSOCIATE, ETC. A BUSINESS OPPORTUNITY WHICH BECAME KNOWN OR AVAILABLE TO THE OFFICER OR EMPLOYEE BECAUSE O FHIS POSITON IN THE COMPANY, WHERE SUCH BUSINESS OPPORTUNITY IS ORDINARILY ONE IN WHICH THE COMPANY WOULD
BE INTERESTED SUCH OPPORTUNITY NEED NOT BE ONE WHICH WOULD PLACE THE OFFICER OR EMPLOYEE OR HIS SURROGATE IN COMPETITION WITH THE COMPANY.
CHAPTER III (DISCIPLINARY PROCEEDINGS) RULES AND PROCEDURES IN THE INVESTIGATION AND DISPOSITION OF ADMINISTRATIVE CHARGE THE FOLLOWING RULES AND PROCEDURES SHALL GOVERN THE INVESTIGATION AND DISPOSITION OF ADMINISTRATIVE CHARGES FILED AGIANST EMPLOYEES OF PHILIPPINES AIRLINES FOR VIOLATION OF THE CODE OF DISCIPLINE AND OTHER RELATED COMPANY REGULATIONS.
RULE 1 PRELIMINARY PROVISIONS
SECTION 1.
COVERAGE
THESE RULES SHALL APPLY AS GUIDELINES IN ALL DISCIPLINARY ACTIONS AGAINST EMPLOYEES FOR VIOLATION OF THE LABOR CODE OF THE PHILIPPINES, THE CODE OF DISCIPLINE, AND OTHER COMPANY OR DEPARTMENTAL RULES AND REGULATIONS. EXCEPT AS TO MINOR OFFENSES AS DEFINED HEREIN DISCIPLINARY ACTION MAY IMMEDIATELY BE TAKEN BY THE IMMEDIATE SUPERIOR OF THE OFFENDER BASED ON EXTANT EVIDENCE WITHOUT SECURING PRIOR CLEARANCE, SUBJECT HOWEVER TO THE PROVISIONS OF RULE IX C, CHAPTER III. THE EMPLOYEE MUST FIRST BE REQUIRED TO “EXPLAIN WHY” WHERE THIS CODE REUIRES THE DETERMINATION WHETHER AN ACT IS JUSTIFIED OR UNJUSTIFIED, REASONABLE OR UNREASONABLE, WITH OR WITHOUT CAUSE, PERMISSION OR LEAVE. SECTION 2.
DISCIPLINARY AND INVESTIGATING AUTHORITY
ALL VIOLATIONS COVERED AOVE SHALL BE INVESTIGATED AS SOON AS POSSIBLE BY THE DEPARTMENT HEDS CONCERNED, WHO SHALL
BE ASSISTED BY THE PAL DISCIPLINARY BOARD IN SUCH CASS AS MAY BE DETERMINED BY THE LATTER. THE RESPONSIBILITIES, POWERS, AND AUTHORITIES GRANTED TO A DEPARTMENT HEAD MAY BE DELEGATED TO A COMPANY OFFICIAL WITHIN THE DEPARTMENT OR, IN EXCEPTIONAL CASES, OUTSIDE THE DEPARTMENT WITH EH CONSENT OF THE PROPER DEPARTMENT HEAD. AS IT MAY DETERMINE THE PAL DISCIPLINARY BOARD SHALL INVESTIGATE AND HEAR VERY SERIOUS OFFENSES SUCH AS FRAUD AGAINST THE COMPANY, THEFT OF COMPNAY PROPERTY, SMUGGLING OR OTHER ANALOGOUS OFFENSES, INCLUDING SEXUAL HARASSMENT. DISCIPLINE SHALL HOWERVER, REMAIN WITH THE DEPARTMENT HEADS CONCERNED. IN THOSE CASES NOT TAKEN OVER BY THE PAL DISCIPLINARY BOARD, THE DEPARTMENT HEAD MAY DELEGATE THE INVESTIGATION OF AN ADMINISTRARIVE CHARGE TO JUST ONE OFFICIAL. BUT WHEN JUSTIFIED BY THE NATURE AND COMPLEXITY OF THE CASE WHICH REUQIRES THE EXPERTISE OF OTHER DEPARTMENTS AND AFTER CONSULAITON WITH THE LEGAL OR HUMAN RESOURCES DEPARTMENTS INVESTIGATION BY A PANEL OR COMMITTEE MAY BE ALLOWED. LABOR LITIGATION SHALL MONITOR THE PROPER CONDUCT AND TIMELY RESULTS OF ADMINISTRATIVE INVESTIGATIONS. VIOLATIONS COMMITED AT THE DEPARTMENT HEAD LEVEL OR ABOVE SHALL BE ACTED UPON BY THE PAL BOARD OF DIR ECTORS.
RULE II GRAOUNDS FOR DISCIPLINARY ACTION
THE GROUNDS FOR THE ADMINISTRATIVE CHARGE SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE LABOR CODE OF THE PHILIPPINES, THE CODE OF DISCIPLINE AND OTHER COMPANY OR DEPARTMENTAL RULES AND REGULATIONS.
RULE III FACT-FINDING INQUIRY
UPON RECEIPT OF A WRITTEN (SINGED OR UNSIGNED) OR VERBAL REPORT THAT A VIOLATION OF COMPANY REGULATIONS HAS BEEN COMMITTED, IS BEING COMMITTED, OR IS ABOUT TO BE COMMITTED, THE DEPARTMENT HEAD CONCERNED, WITH THE HELP OF THE SAFETY AND SECURITY DEPARTMENT (S&SD), INTERNAL ADUDIT AND OTHER DEPARTMENTS, WHENEVER NEEDED, SHALL IMMEDIATELY CAUSE A FACT-FINDING INQUIRY TO BE CONDUCTED. FOR THE ABOVE PURPOSE, THE DEPARTMET HEAD MAY REQUIRE WITNESSES TO SUBMIT THEMSELVES FOR WRITTEN INTERVIEW, THE SAFETY AND SECURITY DEPARTMENT (S&SD) AND THE INTERNAL AUDIT AND CONTROL SHALL ASSIST IN TAKING AND IN PREPARING SWORN STATEMENTS OF WITNESSES, AND IN GATHERING AND COLLATING SUPPORTING DOCUMENTS AND DATA.
THE CHARGE SHALL SPECIFY THE MANNER, PARTICULAR ACTS OR OMISSIONS, DATE AND TIME CONSTITUTING THE INFRACTION/OFFENSE. THE CHARGE SHALL REQUIRE THE RESPONDENT TO SIGNIFY IN WRITING WHETHER OR NOT HE DESIRES TO HAVE A HEARING. THE CHARGE SHALL BE ACCOMPANIED BY SWORN STATEMENTS OF WITNESSES AND/OR OFFICAL REPORTS, DOCUMENTS OR OTHER SUPPORTING PAPERS. TO ENSURE CONSISTENCY IN APPLICATION AND THE APPROPRIATENESS OF THE CHARGE, PROPER IN CONSULTATION WITH LABOR LITIGATION, SHOULD BE MADE.
RULE V PREVENTIVE SUSPENSION
SECTION 1. RULE IV ADMINISTRATIVE CHARGE
SECTION 1.
HOW INITIATED
AN ADMINISTRATIVE CHARGE MAY BE INITIATED BY THE FILING WITH THE DEPARTMENT HEAD OF A WRITTEN REPORT OR COMPLAINT, OR AFFIDVIT SO WITNESSES AND/OR OTHER EVIDENCE IN SUPPORT OF THE CHARGE. IF THE DEPARTMENT HEAD FINDS THAT THERE IS PROABLE CUSE FOR CHARGING THE EMPLOYEE, HE SHALL ISSUE THE ADMINISTRATIVE CHARGE AGISNT THE EMPLOYEE CONCERNED, COPY FURISHED THE UNION OF WHICH THE EMPLOYEE IS A MEMBER. ON THE OTHER HAND, IF THE DEPARTMENT HEAD FAILS OR REFUSES TO FILE OR AND ADMINISTRATIVE CHARGE DUE TO HIS BELIEF THAT THERE IS NO PROBALE CUASE, SUCH DECISION MAY STILL BE REVIEWED BY HIS CROUP HEAD OR THE LATTER’S DESIGANTED REPRESENTATIVE. SECTION 2.
FORMS OF ADMINISTRATIVE CHARGES
GROUNDS
UPON ISSUANCE OF THE ADMINSITRATIVE CHARGE, THE DEPARTMENT HEAD, UPON PRIOR CONSULTATION WITH THE LABOR LITIGATION, MAY PLACE THE EMPLOYEE CONCERNED ON PREVENTIVE SUSPENSION FOR THIRTY (30) DAYS IF HIS CONTINUED PRESENCE WITHIN COMPANY PREMISES OR CONTINUED PARTICIPATION IN COMPANY OPERATIONS POSES A SERIOUS AND IMMINENT THREAT TO THE LIFE OR PROPERTY OF THE EMPLOYEE OR OF HIS CO-EMPLOYEE. IF THE EMPLOYEE CONCERNED, HOWEVER, IS CAUGHT IN THE ACT OF COMMITTING AN OFFENSE AMOUNTING TO A CRIME, THE DEPARTMENT HEAD MAY MOTU PROPRIO IMMEDIATELY PLA CE H IM U ND ER PR EV EN TI VE S USP EN SI ON PEN DI NG ADMINISTRATIVE INVESTIGATION. SECTION 2.
SALARY AND BENEFITS OF RESPONDENT PENDING SUSPENSION
AN EMPLOYEE UNDER PREVENTIVE SUSPENSION SHALL NOT RECEIVE ANY SALARY AND BENEFITS DURING THE THIRTY-DAY PREVENTIVE SUSPENSION. HOWEVER, IF THE INVESTIGATION OF THE ADMINISTRATIVE CHARGE IS NOT FINISHED WITHIN THIRTY (30) DAYS, THROUGH NO FAULT OF THE EMPLOYEE, THE DEPARTMENT
HEAD, IN CONSULTATION WITH LABOR LITIGATION, MAY ACTUALLY REINSTATE HIM TO A SUBSTANTIALLY EQUIVALENT POSITON, OR MERELY REINSTATE HIM IN THE PAYROLL PURSUANT TO LAW, DEPENDING ON THE CONTINUED EXISTENCE OF THE GROUND FOR PREVENTIVE SUSPENSION. ANY DELAY IN THE INVESTIGATION, ATTRIBUTABLE TO THE EMPLOYEE, DURING THE 30-DAY PREVENTIVE SUSPENSION, SHALL NOT BE CONSIDERED IN RECKONING SUCH 30-DAY PERIOD FOR PURPOSES OF REINSTATEMENT.
PROPOUNDED BY OR COURSED THROUGH THE INVESTIGATION OR PANEL OF INVESTIGATORS, AND SHALL BE LIMITED TO ISSUES OF FACTS NOT CLEAR OR ASCERTAINABLE FROM THE EVIDENCE ON HAND. AS MUCH AS POSSIBLE, THE INVESTIGATION MUST BE CONLCUDED WITHIN FIFTEEN (15) WORKING DAYS FROM INCEPTIONOF THE HEARING, UNLESS THE DELAY IS ATTRIBUTABLE TO THE RESPONDENT.
RULE VI
RULE VIII
ANSWER
REPORT AND EVALUATION OF EVIDENCE
THE EMPLOYEE CHARGED ADMINISTRATIVELY SHALL HAVE A PERIOD OF TEN (10) CALENDAR DAYS FROM RECEIPT OF THE CHARGE WITHIN WHICH TO FILE HIS SWORN WRITTEN ANSWER AND OTHER SUPPORTING COUNTER-AFFIDAVITS/DOCUMENTS.
RULE VII HEARING AND RIGHT TO REPRESENTATION AND ASSISTANCE
UNLESS THE HEARING IS CLEARLY WAIED BY THE EMPLOYEE, THE ADMINISTRATIVE CHARGE MUST BE SET FOR HEARING, WHICH SHOULD BE SUMMARY IN NATURE AND SHOULD BE HELD WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF THE ANSWER OF THE EXPIRATION OF THE DATE TO ANSWER. THE EMPLOYEE CHARGED ADMINISTRATIVELY SHALL BE GIVEN THE AMPLE OPPORTUNITY TO BE HEARD AND TO DEFEND HIMSELF, WITH THE ASSISTANCE OF HIS REPRESENTATIVE IF HE SO DESIRES. HOWEVER, THE PARTICIPATION OR PRESENCE OF SUCH REPRESENTATIVE SHALL NOT BE ALLOWED TO UNDULY DELAY OR IN ANY WAY DETRACT FROM THE SUMMARY NATURE OF THE PROCEEDINGS. THEHEARING SHALL E SUMMARY INNATURE, CONDUCTED THRUOGH CLARIFICATORY QUESTIONS
THE INVESTIGATING OFFICIAL/S SHAL SUBMIT HIS/THEIR REPORT TO THE DEPARTMENT HEAD WITHIN TEN (10) WORKING DAYS AFTER TERMINATION OF THE HEARING. THE REPORT SHALL NOT MAKE ANY RECOMMENDATIONS ON SPECIFIC PENALTIES AND SHALL CONFINE ITSELF TO THE APPRECIATION OF FACTS ADDUCED DURING THE INVESTIGATION AND MUST INCLUDE AS ATTCHMENTS THE SWORN STATEMENTS, REPORTS, CERTIFICATIONS AND THEIR DOCUMENTARY EVIDENCE RELATIVE TO THE CASE. ALL DOCUMENTARY EVIDENCE AS WELL AS SWORN STATEMENTS SUBMITTED TO THE DEPARTMENT HEAD FOR THE CMOPANY AND BY THE EMPLOYEE AND THEIR RESPECTIVE WITNESSES SHALL CONSTITUTE THE ENTIRE EVIDENCE AND SHALL FORM PART OF THE RECORDS OF THE CASE WHICH SHALL BE EVALUATED AND CONSIDERED BY THE DEPARTMENT HEAD IN MAKING THE DECISION. FINDINGS OF FACTS AND EVALUATION OF CASES CONDUCTED BY THE PAL DISCIPLINARY BOARD SHALL BE ENDORSED TO THE DEPARTMENT HEAD CONCERNED FOR HIS IMPLEMENTATION.
RULE IX
CONSOLIDATED SEMI-MONTHLY VIOLATION REOPRT SUMMARY SENT TO LABOR LITIGATION SUB-DEPARTMENT.
RESOLUTION/DECISION RULE X AS MUCH AS POSSIBLE, A DISCIPLINARY CHARGE SHOULD BE RESOLVED WTIHIN TEN (10) DAYS FROM RECIEPT OF THE FORMAL INVESTIGATION REPORT. FOR PURPOSES OF IMPERSONAL AND UNIFORM IMPOSITION OF PENALTIES, THE DEPARTMENT HEAD SHALL CONSULT LABOR LITIGATION BEFORE ISSUING THE RESOLUTION/DECISION ON DISCIPLINARY ACTIONS AND SHALL SERVE THE EMPLOYEE CONEREND (AND THE UNION) HIS RESOLUTION IN WRITING STATING CLEARLY THE REASONS THEREFORE. A COPY OF THE RESOLUTION SHALL BE FURNISHED LABOR LITIGATION. A. WHERE THE PENALTY IMPOSABLE IS TERMINATION OR DISMISSAL FOR CAUSE, THE DEPARTMENT HEAD, BEFORE FINALIZING SUCH ACTION MUST FIRST VALIDATE THE PROPRIETY OF THE SANCTION WITH LABOR LITIGATION AND THEREAFTER ENDORSE THE RECOMMENDED PENALTY TO THE GROUP HEAD FOR APPROVAL. EMPLOYEES UNDER SUCH ADMINISTRATIVE CHARGE SHALL BE NOTIFIED OF THE FINAL RESOLUTION/DECISION OF THEIR CASE ONLY WHEN TEHSE REQUISITE CONDITIONS HAVE BEEN MET. B. IN CASE OF DISCIPLINARY SANCTIONS SHORT OF DISMISSAL (E.G., SUSPENSION FOR (4) DAYS OR OVER), IT IS THE SOLE RESPONSIBILITY OF THE DEPARTMENT HEADS TO ISSUE SUCH SANCTIONS. TO ENSURE CONSISTENCY WHEN IMPLEMENTING SUCH IN THE VARIOUS DEPARTMENT, DISCIPLINARY ACTIONS SHALL BE CARRIED OUT IN CONSULTATION WITH THE LABOR LITIGATION AND FOLLOWING THE REQUIREMENTS OF THESE RULES AND PROCEDURES.
REVIEW OF DECISION
THE DECISION OF THE DEPARTMENT HEAD MAY BE REVIEWED THROUGH APPEAL OR THOUGH THE GRIEVANCE MACHINERY. THE DECISION OF THE DEPARTMENT HEAD MAYB E REVIEWED BY HIS GROUP HEAD MOTU PROPRIO, OR THROUGH APPEAL BY THE PARTIES CONCERNED WITHIN FIVE (5) DAYS FROM NOTICE OF DECISION. WITHIN THE SAEM PERIOD, THE GROUP HEAD MAY ANNOUNCED HIS DECISION TO REVIEW MOTU PROPRIO THE DEPARTMENT HEAD’S ACTION. WHETHER THE REVIEW IS MOTU PROPRIO OR DUE TO AN APPEAL, AT THE DISCRETION OF THE GROUP HEAD, ALL INTERESTED PARTIES MAY BE GIVEN THE OPPORTUNITY TO SUBMIT MEMORANDA WITHIN FIVE (5) DAYS FROM NOTICE. THE GROUP HEAD SHALL ENDEAVOR TO RELEASE HIS DECISION WITHIN TEN (10) FROM SUBMISSION OF MEMORANDA IF REUIRED OR THE EXPIRY OF THE PERIOD FROM THE FILING THEREFORE. WITHIN THE SAME PERIOD OF FIVE (5) DAYS FROM NOTICE FO THE DECISION OF THE GROUP HEAD, THE COMPANY PRESIDENT MAY DECIDE TO REVIEW THE DECISION OF THE GROUP HEAD IF IT IS SHOWN THAT UNDER THE CIRCUMSTANCES, THE DECISION IS GROSSLY OR MANIFESTLY ERRONEOUS.
RULE XI C. IN CASES OF MINOR OFFENSES WHERE THE PENALTY SPECIFIED IN THE CODE IS ONLY WARNING, REPRIMAND OR SUSPENSION FOR ONE (1) TO THREE (3) DAYS AND THE REPORT OF VIOLATION IS FULLY SUPPORTED BY THE EVIDENCE PRESENTED TO THE DISCIPLINARY ACTION MAY E TAKEN IMMEDIATELY BY THE EMPLOYEE’S IMMEDIATE SUPERIOR IF THE EMPLOYEE’S REPLY TO AN “EXPLAIN-WHY” MEMO IS UNSATISFACTORY. NEVERTHELESS, THE WRITTEN DISCIPLINARY ACTION REPORT SHALL SPECIFICALLY STATE THE REASON/S FOR THE ACTION TAKEN AND INCLUDED IN A
IMPLEMENTATION OF FINAL DECISION AND REPORTING REQUIREMENTS
BEORE IMPLEMENTING FINAL DECISIONS ON DISCIPLINARY ACTIONS, THE FOLLOWING REPORTING REQUIREMENTS MUST BE COMPLIED WITH.
1). PAYROLL AND TIMEKEEPING MUST IMMEDIATELY BE OFFICIALLY NOTIFIED ABOUT SUCH DISCIPLINARY ACTIONS INVOLVING SUSPENSIONS AND DISMISSALS, TRANSFERS AND DEMOTINOS. 2). SECURITY SUB-DEPARTMENT MUST IMMEDIATELY E OFFICIALLY NOTIFIED ABOUT PERSONNEL OR DISCIPLINARY ACTIONS WINVOLVING RESIGNATIONS. DISMISSALS OR SUSPENSIONS FOR I.D. CARD RETRIEVAL, ETC.
CHAPTER IV MISCELLANEOUS PROVISIONS
ARTICLE 68
TRANSITORY PROVISIONS
a) Pending Cases
3). MEDICAL SUB-DEPARTMENT MSUT BE NOTIFIED BEFOREHAND OF SUSPENSION AND SEPARATIONS FROM THE SERVCIE (INCLUDING RESIGNATIONS) FOR CUT-OFF OF MEDICAL/PHARMACY SERVICES.
All cases in regard to which investigation has commenced and is pending at the time of the effectivity of this Code shall be governed by the procedures in effect before such effectivity.
4). LIKEWISE, COPIES OF ALL DISCIPLINARY ACTIONS TAKEN MUST BE IMMEDIATELY FORWARDED TO BENEFITS ADMINISTRATION/HRD FOR INCLUSION IN THE EMPLOYEE’S 201 FILES.
b) Cases Not Yet Investigated
5). THE LABOR LITIGATION SUB-DEPARTMENT MUST BE COPYFURNISHED WITH NOTICES OF SEPARATIONS/TERMINATINOS FOR THE LATTER’S SUBMISSION OF THE REQUIRED MONTHLY REPORTS OF SEPARATIONS/TERMINATIONS TO THE DEPARTMENT OF LABOR AND EMPLOYMENT.
All cases pending at the time of the effectivity of this Code but without an investigation initiated as yet shall be governed by the procedures established in this Code. A RTI CL E 6 9
SEP AR AB IL ITY CL AU SE
Any declarations by any competent authority that any part of this Code is null and void shall not invalidate or render ineffective the other provisions of this Code which shall remain in full force and effect. ARTICLE 70
AMENDMENT
The Company reserves the right to add, amend, modify, adjust, delete, repeal, suspend in general or in particular, or otherwise change from time to time any and all provisions, herein, when in its opinion, attending circumstances or prevailing conditions so warrant. ARTICLE 71
NOTES ON THE 1995 CODE REVISIONS
This Code of Discipline (1995 Revision) is, in large part, a REVISED codification of existing Company rules and regulations. The Code is intended to reiterate or, whenever appropriate, clarify rules and regulations which are already in effect. Some rules have been reviewed and, when deemed necessary, related or amended to reflect changing circumstances or the experience of years of actual implementation. Because a Code of this kind must be dynamic and responsive to
continuing challenges of our corporate life, a number of new rules have been adopted to give substance and meaning to the Preamble to the Code. This IS A REVISION OF THE Code of Discipline of March 1995. But the specification of this effective date should not be taken to mean that no prescribed code of Conduct or system of discipline was in force within the Company prior to that date. On the contrary, discipline has always been a key element in the survival, profitability, and growth of this Company. This Code simply seeks to relate, as clearly as possible, the Company’s philosophy of discipline to its overall corporate mission, and to present specific offenses and penalties in a more unified and logical manner. The treatment of pending disciplinary cases is specifically provided for the Code. ARTICLE 72
EFFECTIVITY
This REVISED CODE shall take effect on April 1, 1995.
(ORIGINAL SIGNED) JOSE ANTONIO GARCIA President and Chief Operating Officer
Issued in metro Manila on this 1 st day of MARCH Nineteen Hundred and Ninety Five.
INDEX OF CONTENTS Abandonment of Post Abetting Competitors Absence without Official leave Abuse of Authority Anti-Customer Offenses Acceptance of this Code & General Norms Administrative Charge Administrative Charge, How Initiated Administrative Charge, Rules & Procedures in the Disposition of Adverse Publicity Aggravating Circumstances Alcoholism Alternative Circumstances Amendment of Code Answer to Charge Anti-Company Offenses Anti-Customer Offenses Anti-employee Offenses Anti-Teamwork Offenses Assault Assistance, Right
18 31 17 19 12 11 36 36 36 et seq. 24 5 25 5 41 37 23 12 20 19 26 37
Baggage allowances, Misuse of Benefits, Administration Submission to Bribery/Extortion
30 40 28
Career Improvements, Effect of Offenses on Coercion Commission of a Crime Commission, Refusal or Failure to Company, Fraud Against the Company Documents, Falsification of Company Property, Misuse/Unofficial Use of Compensation, Effects of Offenses on Concerted Action Condonation of Offense Conduct, Common Offenses Against Confidential Information, Revealing
8 27 9 20 28 29 30 8 10 10 24 33
INDEX OF CONTENTS
Conflict of Interests Conspiracy Conviction Cooperation, Withholding of Corporate Values, Five Basic Corruption/Extortion/Bribery Customers, Mishandling of Customers, Offenses Against
INDEX OF CONTENTS
32 10 24 19 4 28 12 12
Damage or Disruption Decision, Review of Decision, Impl ementation and Report ing; Requiri ng on Defense, Right to Definition of Terms Delay, Culpable Disciplinary Action, Grounds for, Coverage of, Reports on Disciplinary Authority Discourteous Behavior Discourtesy Towards Customers Discrimination Treatment Disloyalty Disobedience, Willful Disorderly Behavior Disrespect for Authority Disruption, Damage or Drugs, Prohibited Drunkenness/Alcoholism
23 39 40 7 22 34,35,36 34 26 12 13 31 20 26 19 23 25 25
Effectivity of Code Embezzlement/Theft/Pilferage Employee, Definition of Employee, Responsibility of Employee Covered Employee Service, Erroneous Handling of Employment Irregularities Connected With Evidence, Evaluation of and Report on Extortion/Bribery
42 29 5,8 7 8 20 31 38 28
3
Facilities, Unofficial Use of Company Fact-Finding Inquiry Failure on the Job Failure to Provide Necessary Supplies Failure to Punch/Swipe Time Card Failure to Report False Information Falsification Fighting in Company Premises Fraud Against the Company
30 35 14 12 15 11 19 29 27 9
Gambling Good Name of the Company, Offenses Against Good Personal Behavior, Common Offenses Against Gravity of Offense Gross and Habitual Neglect/Goss Negligence Guidelines, Administration of Discipline
23 24 5 9 3
Habitual, Definition of Hearing, Ri ght t o Honesty, Common Offenses Against Honesty, Common Offenses Against Horseplaying
6 7,37 28 26
Identification Cards, Failure of Employee to Wear Prescribed Illegal Acts Immoral Behavior Imposition of Discipline, Impersonal Improper Behavior when Travelling Inefficiency & Waste Influence Peddling Influence Solicitation Information, Concealing, Withholding, Advance/Improper Release of Injuring Company Reputation Instigation Insubordination/Willful Disobedience Integrity, Common Offenses Against Intervention in Administrative Case
13 11 26 6 27 15 22 21 23,24 23 11 20 28 22
25
INDEX OF CONTENTS
INDEX OF CONTENTS
Intoxication/Drunkenness Intrigue Investigating Authority Investigation, Culpable Delay in
25 20 34 22
Job Performance Standards, Offenses Against
14
Labor Litigation Consultation and Clearance Lack of Information Law, Violation of Loitering and Abandonment of Post
35,36,37 38,39,40 12 25 18
Malingering Maltreating or Abusing a Customer Mal treat ment of Superiors, Col leagues & Subordinates Medical Sub-Department, Report to Minor Offenses, Definition/Action on Miscellaneous Provisions Misconduct, Penalties for Mishandling of Customers Mishandling/Misuse of Company Funds/Property Misinformation or Lack of Information Misuse of Company Funds, Property, Records Misuse of Trip Pass, Rebates Mitigating Circumstances, Definition of
18 12,13 20 40 6,31,34 41 11 12 29 12 29 30 5
Neglect of Customer Neglect of Employee Rights Negligence, Gross Non-R evenue/Rebat ed Shipment Privi leges, Mi suse of Notice of Administrative Charge
12 21 9 30 36
Offenses, Write-off of
10
PAL Disciplinary Board Payroll & Timekeeping; Report to
34,35 40
Penalties, Schedule of Pending Cases; Rules Applicable to Period, To File Answer Perjury/False Testimony Philosophy of Discipline Pilferage/Theft/Embezzlement; Format of Charge Preamble to the Code Prescribed Uniforms, Failure of Employee to Wear Preventive Suspension, Grounds; Effect Property, Misuse/Unofficial Use of Company
9 41 37 31 1 29 1 13 36,37 30
Quality Standards, Non-observance of
14
Reduce Rate Privileges, Misuse of Representation, Right to Hearing and Reporting Requirements on Final Decisions Reputation, Offenses Against Resolution/Decision on Disciplinary Action Responsibility of Superiors, Employees
30 7,30 40 23 38,39,40 7
Safety, Violation of Salary & Benefits of Respondent Pending Suspension Schedule of Penalties Security, Copy Furnish Security, Breach of Security of Company, Offenses Against Separability Clause Separate Civil or Criminal Action Serious Misconduct Sexual Harassment Single Penalty Sleeping While on Duty Smoke-Free Zones, Smoking in Prohibited Areas Space Accommodation, Improper Use of Statement of Policy Subordinate, Definition of Summary Proceedings
23 37 9 40 23 23 41 8 9 26 6 18 27 30 3 5 6
