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Direct discrimination is where a person is treated differently by reason of his/her race, sex, marital status, disability etc.
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Indirect discrimination is not quite so obvious. Indirect discrimination takes place where a condition or requirement is imposed which an individual cannot comply with and where the condition/requirement is such that fewer persons in certain groups (by race or sex) can comply with it and the condition/requirement cannot be shown to be justifiable.
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A final form of discrimination is victimization. Victimization occurs where a person is treated less favorably because he/she has started proceedings, given evidence or complained about the behaviour of someone who has been harassing them or discriminating against them.
What should one do if one feels that one is being discriminated against?
One has a right not to be discriminated against in any way. If one is being discriminated against the following action is suggested:
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If it is practical one should make it clear to the person who is discriminating that their behavior is unacceptable and ask them to cease their discriminatory behaviour. It is understood, however, that in many cases this may not be practical.
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If the problem continues despite one having made it clear that the person’s conduct is unacceptable, (or if one feels that one cannot speak to them directly) one should ask one’s immediate supervisor to investigate and resolve the matter. If one cannot speak to one’s immediate supervisor about the problem (perhaps because they are the problem) then one should either speak to their manager or, if one would prefer, to the Manager, Human Resources.
In Case anybody is found to be indulged in discriminatory behavior Company may initiate investigation on receiving the complaint and may call for interviews with both sides and also anyone else that is able to throw further light on the complaint. A person against whom the Complaint is made has full right to have full details of the nature of the complaint and the opportunity to respond; and strict confidentiality will be maintained throughout any investigation into an allegation. Where it is necessary to interview other people, the importance of confidentiality will be emphasized.
If, after investigating the complaint, the Company agrees that there are reasonable grounds to uphold the complaint then disciplinary action will be taken against the person against whom the complaint is made under the Company’s usual disciplinary procedures.
The Company wishes all staff to realise that discrimination is a very serious offence and will be treated as gross misconduct under the company’s disciplinary procedure. An incident of discrimination is therefore likely to lead to dismissal; In addition, victimisation of a complainant is also gross misconduct and will also lead to severe disciplinary action including dismissal.
Health and Safety Policy/Procedures
The company will take all reasonably practicable steps to ensure Employee’s health, safety and welfare at work. The company’s health and safety policy is as follows:
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The Company as far as is reasonably practicable will provide and maintain premises and systems of work, which do not involve risk to health.
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Such information, instruction, training and supervision will be given as is reasonably practicable and necessary to safeguard your health at work.
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The Company will ensure, as far as is reasonably practicable, that all provided equipment is safe.
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The Company will provide adequate information, instruction, training and supervision in the use of equipment in order to ensure your safety.
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Adequate information, instruction and training will be given for the evacuation of the Company’s premises in the event of fire or other emergency.
The Company practicably draws your attention to your legal duty while at work to take care of your own health and safety and that of your colleagues. (You must familiarize yourself with the company’s health and safety policy and its safety and fire rules.)
Emergency Situation Policy
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In the event of fire, earthquake or any other calamity, the employees are expected to save their lives in the best possible manner.
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In the event of holdup/robbery/armed intruders’ employee are expected not to risk their life unreasonably to resist the criminals but comply with their instruction and safeguard their lives. As soon as danger to their life is over, the employee is expected to contact the police and give a written report to this effect.
Smoking
Smoking is not allowed in the Company’s premises.
Substance Abuse & Other Dependencies
Appearing for work under the influence of alcohol, non-prescribed drugs or controlled substances violates the Company policy. Any employee found to be violating this policy would be subject to the disciplinary procedure including dismissal.
Internet Code of Conduct & Email Policy
Access to the Internet has been provided to staff members for the benefit of the Company and its clients. It allows employees to connect to information resources around the world. Every staff member has a responsibility to maintain and enhance the Company’s public image, and to use the Internet facility provided by the Company in a productive manner. To ensure that all employees are responsible, productive Internet users and are protecting the Company’s public image, the following guidelines have been established for using the Internet through the facilities provided by the Company.
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Acceptable use of Internet: Employees accessing the Internet are representing the Company. All communications should be for professional reasons. Employees are responsible for seeing that the Internet is used in an effective, ethical and lawful manner. E-mail may be used for business contacts.
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Unacceptable use of Internet: Use of the Internet must not disrupt the operation of the Company network or the networks of other users. It must not interfere with your productivity. Staff members on the Internet shall not transmit copyrighted materials belonging to entities other than the Company. Users are not permitted to copy, transfer, rename, add or delete information or programs belonging to other users unless given express permission to do so by the owner. Failure to observe copyright or license agreements may result in disciplinary action from the Company or legal action by the copyright owner
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Communications: Each employee is responsible for the content of all text, audio or images that they place or send over the Internet. Fraudulent, harassing or obscene messages are prohibited. Information published on the Internet should not violate or infringe upon the rights of others. No abusive, profane or offensive language should be transmitted through the system. To prevent computer viruses from being transmitted through the system there will be no unauthorized downloading of any software The Company’s proprietary information like reports, files, data, and source code to any unauthorized person, group, or organization through the Internet should not be transmitted. This constitutes theft of the Company’s property.
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Violations of any guidelines listed above will result in revoking of an employee’s Internet privileges, and may result in disciplinary action up to and including termination of employment.
Company E-Mail Policy
Aim: This is to set sets forth the Company's Policies with regard to access, review, or disclosure of electronic mail ("e-mail") messages sent or received by company employees with the use of the company e-mail system. It also sets forth policies on the proper use of the e-mail system provided by the company.
Confidential Company Information:
Employees must exercise a greater degree of caution in transmitting company confidential information on the e-mail system than they take with other means of communicating information, (e.g., written memoranda, letters or phone calls) because of the reduced human effort required to redistribute such information. Company confidential information should never be transmitted or forwarded to outside individuals or companies not authorized to receive that information and should not even be sent or forwarded to other employees inside the company who do not need to know the information. Always use care in addressing e-mail messages to make sure that messages are not inadvertently sent to outsiders or the wrong person inside the company. In particular, exercise care when using distribution lists to make sure that all addressees are appropriate recipients of the information.
Copyrighted Information:
Use of the e-mail system to copy and/or transmit any documents, software, or other information protected by the copyright laws is prohibited.
Systematic monitoring:
Network administrators can implement monitoring schemes on e-mail. Employees must be informed about how their e-mail is being monitored.
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No systematic monitoring.
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Monitoring allowed for any business purpose.
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Monitoring only with good cause or legal obligation.
General rules: Do’s and don’ts
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The Company e-mail system is primarily for the Company business use. Occasional and reasonable personal use is permitted provided that this does not interfere with the performance of your duties.
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All e-mail is stored and the Company may inspect e-mail (including personal e-mail) at any time without notice.
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If you send a personal e-mail, start or sign off the e-mail as personal.
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Obtain confirmation of receipt for important e-mails sent.
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Make and keep hard copies of important e-mails sent and received.
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Check your e-mail on each working day or arrange for a duly authorized person to do so on your behalf.
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Reply promptly to all e-mail messages requiring a reply.
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Do not impersonate any other person when using e-mail or amend messages received.
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Do not import any non-text file, including files received as e-mail attachments, onto your system without first checking them for viruses.
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Do not create e-mail congestion by sending trivial messages or personal messages or by copying e-mails to those who do not need to see them. Make use of the Company Web.
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Do not deliberately visit, view, or download any material from any Web site containing obscene or illegal material or material that is offensive in any way whatsoever.
Legal Issues
Confidentiality
1.All information that:
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Is or has been acquired by you during, or in the course of your employment, or has otherwise been acquired by you in confidence,
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Relates particularly to our business, or that of other persons or bodies with whom we have dealings of any sort, and
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Has not been made public by, or with our authority,
Shall be confidential, and (save in the course of our business or as required by law) Employee shall not at any time, whether before or after the termination of his employment, disclose such information to any person without our written consent.
2. Employees are to exercise reasonable care to keep safe all documentary or other material containing confidential information, and shall at the time of termination of his employment with the Company, or at any other time upon demand, return to us any such material in his possession
All written material, whether held on paper, electronically or magnetically which was made or acquired by you during the course of his employment with the Company, is Company’s property and its copyright. At the time of termination of employment, or at any other time upon demand, Employee shall return to any such material in his possession.
Inventions and Discoveries
An invention or discovery made by Employee will become Company’s property if it was made:
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In the course of normal duties under such circumstances that an invention might reasonably be expected to result from those duties;
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Outside the course of normal duties, but during duties specifically assigned to Employee, when an invention might reasonably be expected to result from these;
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During the course of any of duties and at the time Employee had a special obligation to further Company’s interests arising from the nature of those duties and Employee particular responsibilities.
Virus Protection Procedures
In order to prevent the introduction of virus contamination into the software system the following must be observed:
a) Unauthorised software including public domain software, magazine cover disks/CDs or Internet/World Wide Web downloads must not be used.
Disciplinary Rules and Procedures
The following rules and procedures will help to ensure that:
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Employees are fully aware of the standards of performance, action and behavior required.
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Disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner
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Employee will only be disciplined after careful investigation of the facts and the opportunity to present each side of the case. On some occasions temporary suspension on full may be necessary in order that an uninterrupted investigation can take place. This must not be regarded as disciplinary action or a penalty of any kind.
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Other than for an “off the record” informal reprimand, Employee has the right to be accompanied by a fellow employee, who may act as a witness or speak on their behalf, at all stages of the formal disciplinary process.
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Employee will not normally be dismissed for a first breach of discipline, except in the case of gross misconduct.
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If Employee are subject to the disciplinary process, he will receive an explanation of the penalty imposed and will have the right to appeal against the finding and the penalty.
Disciplinary Rules
It is not practicable to specify all disciplinary rules or offences, which may result in disciplinary action, as circumstances may vary depending on the nature of the work.
Rules governing gross misconduct –
Those resulting in a serious breach of contractual terms and will Include:
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Theft, fraud and deliberate falsification of records;
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Physical violence;
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Serious bullying or harassment;
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Deliberate damage to property;
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Serious insubordination;
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Misuse of an organisation’s property or name;
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Conduct unbecoming of the employee or which brings the employer into serious disrepute.
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Serious incapability whilst on duty brought on by alcohol or illegal drugs;
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Serious negligence which causes or might cause unacceptable loss, damage or injury;
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Serious infringement of health and safety rules;
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Serious breach of confidence
Formal Disciplinary Procedure
Depending on the outcome of the procedure some form of disciplinary action may be taken as follows:
Oral Warning –In the case of minor infringements the employee will be given formal oral warning. Employees will be advised of the reason for the warning, that it constitutes the first step of the disciplinary procedure and of their right of appeal.
Or
Written Warning – If the infringement is regarded as more serious the employee will be given a formal written warning giving details of the complaint, the improvement or change in behaviour required, the timescale allowed for this and the right of appeal. This warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change.
Final Written Warning – Where there is a failure to improve or change the behaviour during the currency of prior warning, or where the infringement is sufficiently serious, the employee will normally be given a final written warning.
Dismissal or Other Disciplinary Activity – If the employee’s conduct or performance still fails to improve, the final step will be dismissal. If, after a final written warning, there is no improvement or a further offence is committed an employee may be dismissed, suspended, transferred or be subject to any other appropriate action within the framework of local laws, determined by the line manager or, whoever appropriate, by the Departmental Manager in consultation with HR.
Dismissal must be confirmed in writing immediately and will include the required period of notice. Dismissal without notice will only occur under the circumstances that wrong information has been furnished by the employee, has divulged any sensitive business information to an unauthorized person or he/she has broken any law or has committed a criminal offence under the local law or has violated the norms of integrity or if his/her continuance in the premises is harmful to the normal activities of the company
Appeals against Disciplinary Action
An appeals procedure may be invoked when required. An employee wishing to appeal against the disciplinary action must notify the Human Resources Department or the CEO’s office in writing of the grounds for the appeal within seven days of the intimation of disciplinary action.
The CEO or the HR department head will hear the appeal or in case of an appeal against actions by the department head, the appeal will be heard by the CEO or in his/her absence a duly delegated person.
Performance Appraisal System
Objective: The key objective of Performance Appraisal System is to judge the performance of an employee against the targets set in advance. This is an opportunity to assess the performance of an employee with a view to rewarding him/her as also to set a corrective mechanism to understand the support required and developmental needs the employee has to reach the targets.
In a way of monitoring performance and assisting an employee in his/her job, the Company uses an appraisal system. It is based on six-monthly appraisal interviews with one’s line manager to discuss how one has performed against the set objectives and key functional skills that one needs to do one’s job. It is pertinent to mention that the probation period will be for 6 month, however, at the end of three months from the date of joining, a review will be conducted informing the individual about his level of performance and what steps are required to be undertaken by him for enhancing the performance. At the end of the probation period, final review of entire six months will be done and the Employee shall be confirmed or otherwise based on his performance.
Additionally it will enable the employee to agree to future objectives and develop a personal development plan detailing any training that the employee will need to help achieve his/her objectives and improve performance.
The performance appraisal is included in the personnel file and is referred to in regard to salary increases, transfers, promotions or any other change in employment status. Should one’s overall performance indicate that one is not meeting expected levels, one will not be eligible for a salary increase for the current review. Subsequent increases will depend on whether the employee’s performance improves to expected levels. Once the employee has been working in the Company for over a year, then he/she will be appraised once a year on January 1st and July 1st of the following year.
LEAVE POLICY
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Scope and Coverage This policy will be called as Leave Policy and is applicable to all full time employees of PCS Management Consultancy Pvt. Ltd.
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Leave plan should be intimated and got approved sufficiently in advance with all the duplicate keys and back- up files made available with one’s Manager and the CEO.
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Leave Entitlement
* The leave year for all type of leave means a Calendar Year beginning from January 1st to December 31st.
Process of Availing Leave
A Sanctioned Leave application, authorized by the relevant sanctioning authority in the prescribed format has to be submitted to the HR 10 (ten) days in advance. Only in very exceptional circumstances application can be submitted in less than ten days, if sanctioning authority is satisfied that reason for not submitting the application in time is genuine.
While availing casual leave, it is expected that the employee inform his/her supervisor by phone on the same day. The sanctioned leave application for the leave should be submitted to HR within 3 days of joining back. However, in the absence of receipt of any Leave application, the HR will mark it as absent.
Local Travel Policy
It is the Company’s policy to reimburse employees for all expenses necessary, reasonable and actually incurred when traveling on authorized company business.
Travel expenses must be properly documented and approved. It is each employee’s responsibility to adhere to policy when involved with expenditures on behalf of the company. Further, it is the responsibility of the manager to be familiar with the reason for the expenditures and to be satisfied that they have been reported in a manner consistent with the recognized policy.
All travel expenses shall be at the discretion of the Company and the Company shall pay fairly to its employee as far as local travel is concerned.
Travelling Policy
Travelling bill is not a mode of earning. However, if any bill or voucher is found to be fake or forge then management may terminate the services with immediate effect without any prior notice or providing any opportunity to serve in the notice period. Furthermore, management may also recover the extra payment or any dues owed to the organisation from you if that is not sufficient.
OUTSTATION TRAVEL
The payment for the outstation travel shall be made on submission of actual bills related to boarding, lodging and local conveyance/travel.
PROVIDENT FUND
The Employee Provident Fund And Miscellaneous Provisions Act, 1952, enacted for compulsory contribution to the provident fund, family pension, employee deposit link insurance for the employee after his retirement or for his dependents in case of his early death, the objective is to accumulate certain sums of the benefit for the employee[s] or his dependents, the fund has future provision for them and their families and/ or nominees.
Eligibility: Every employee, who is in receipt of Basic Salary up to Rs.6500/-, shall be eligible for becoming a member of the fund.
Note:
If the pay of a member employee increases beyond Rs.6500/- after his having become a member, he shall contribute to be a member but the contribution payable in respect of him shall be limited to the amount payable on monthly pay of Rs.6500/-
An employee ceases to be member of the Employees Family Pension Fund at the age of 60 years.
Contribution: Employee and Employer are required to each contribute 12%of the Sum of Basic Salary, Dearness Allowance and Retaining allowance.
Benefit: The entire accumulation in the fund plus the applicable interest is available to the employee on retirement or on separation in the form of lump sum or pension or as per the rules of the EPF Act.
Transfer of PF: For getting your PF transferred from previous employer, please take the Form -13 from HR Department.
Nominations
Employee [s] shall declare in the prescribed form[s] a nominee or nominees confirming the right to receive the amount that may stand his/her credit in the fund, in the event of his/her death.
Employees State Insurance
The main objective of the Employees State Insurance Act, 1948, is to provide to the workers medical relief, sickness cash benefits, maternity benefits to women workers, pension to the dependents of deceased workers and compensation for fatal and other employment injuries including occupational diseases, in an integrated form through a contributory fund. Where a workman is covered under ESI Scheme, no compensation could be claimed from his employment injury sustained by him.
ESIS is a type of medical scheme where the employer contributes 4.75% of the salary and the employee contributes only 1.75% of salary, upon becoming the member of the scheme. Salary for the purpose includes Basic, HRA, special allowance etc.
Each eligible employee will get ESI Card and is also allocated a dispensary where the employee can get himself /herself and the spouse, children and dependents/parents treated for various medical ailments without incurring any costs.
ESI Contribution is deducted each month from the salary of all eligible employees.
Gratuity : Gratuity means reward payable to an employee by an employer in lieu of continuous service It becomes payable upon cessation of employment and after rendering a continuous service of not less than five years, either on retirement or upon resignation. However, in case of death or disablement, the Gratuity benefits will be applicable irrespective of the number of years of service completed by the employee.
The gratuity payable to employee can be totally forfeited:
If service of such employee is terminated for his riotous or disorderly conduct or any other act of violence on his part: or
If service of such employee has been terminated for any act which constitute an offence involving moral turpitude provided that such offence is committed by him in the course of his employment
As per the prevailing provisions of the Gratuity Act, the Gratuity shall be payable on the basis of the following formula (subject to a maximum ceiling laid down under the Act)
(15/26) x (Last Salary* drawn) x (number of completed years of service), where 6 months or more of service is considered as one year.
Salary as defined in the Payment of Gratuity Act, 1972.
Policy on Separation
Termination:
The employment is terminable by either side without any notice during the period of probation and thereafter by giving one month’s notice or payment in lieu thereof. However, such notice will not be deemed necessary in case of termination on grounds of serious neglect or dereliction of duty, breach of rules and regulation or conduct prejudicial to the interest of the company.
In case you remain absent from duty without prior permission in writing from the management or if you proceed on leave without prior sanction or overstayed the sanctioned leave without first getting it sanctioned, for a continuous period of eight days, your service is liable to be terminated without any further reference to you.
Your services would cease automatically on your attaining the age of 60 years. You are liable to be retired early if you are certified by the company doctor to be mentally or physically unfit to carry out your duties.
Any employee who wishes to resign from the services of the Company should give the required notice period as per the terms & conditions of his appointment letter. The employee should also mention his present address & contact telephone number, since the Accounts & HR divisions require this information to notify their full and final settlement. The employee is required to submit a written letter of resignation, indicating the last working day, and submit it to his/her Reporting Manager. The notice period required to be given by an employee while submitting his resignation is as follows:
In case the employee wants to be relieved earlier, he shall surrender in lieu thereof salary equivalent to the days for which the notice falls short of the period. However keeping in view the exigencies of work, management has right to either accept the resignation letter and relieve the employee earlier or ask him to serve the entire period of notice.
If an employee resigns, it is not necessary for the management to give him acceptance of resignation. However, the resignation once submitted cannot be withdrawn except with a written consent of the management.
In the event of an employee resigning from the company without giving the stipulated notice affects the work and also does not permit the company from recovering the security deposits/ advance of company leased house by the time he leaves the company the outstanding amount shall be recovered from his full and final salary payment and for all purpose he/she will be treated as absconding.
In accordance with company policy, after resigning from the organization you are prohibited from being in contact and getting employed directly or indirectly with any former or existing client/employee(s) of the organization for the period of 2.5 years. Additionally, you're forbidden to share any confidential information or data with anyone. In the event of violation of any of the aforementioned, appropriate repercussions will be triggered.
The employee’s Reporting Manager should normally accept the resignation, and the acceptance will clearly mention: -
Date of resignation
Date of acceptance
Notice period (to be served or waived off)
The rules & regulations mentioned in this Manual are subject to change at the discretion of the Management and all the employees will be governed by the most current rules and regulations.
We wish you a long & mutually beneficial association with PCS Management Consultancy Pvt. Ltd.
Human Resources
At the time of full & final settlement, all the reimbursements will be cleared on a pro-rata basis against relevant bills. In case the employee does not submit the bills, the Company will pay this amount and treat this as taxable income. Employee interested in withdrawing / transferring their provident fund, should get the formalities completed either before final clearance release or later as when they wish to do so.
In case the employee decides to withdraw the resignation within the stipulated notice period, and the employee’s Reporting Manager accepts the withdrawal of resignation, there will not be any break in their services and the continuity of service will be maintained. If the employee wishes to reconsider his/her decision after the full & final settlement (this practice, however, will not be encouraged), and the employee’s reporting manager agrees to accept the employee back in to the Company, the employee’s appointment will be treated as a fresh appointment and the employee will not get any benefit for the previous period, such as bonus, gratuity, LTA, Medical, PF, etc.
The employee who resigns has to surrender the company assets in his/her possession including company furnishing/ car /telephone/ any other company’s property at the time of leaving the services of the company. The management may, at its discretion, sell them to the employee at their written down price
Any excess payment made to the employee such as excess leave, loans advances LTA advance, Medical etc. the same shall be adjusted / deducted while settling his full and final payment.
HR Department shall conduct an Exit Interview with the employee and observations recorded in the prescribed format in the respective personal file. An experience & clearance certificate will be issued to the employee, if requested by the employee.
Retirement
The normal age for retirement is 60, and it is our policy for employees to retire at the end of the month in which their 60th birthday falls. In certain circumstances consideration may be given to fresh employment being offered to you after retirement. Such offers will be totally at the discretion of the Chief Executive Officer or Chief Operating Officer.
Return of our property
On the termination of your employment you must return all our property which is in your possession or for which you have responsibility. Failure to return such items will result in the cost of the items being deducted from any monies outstanding.
Competition Agreement
It is a condition of your employment that, for a period of 12 months immediately following the termination of your employment for any reason whatsoever you will not, whether directly or indirectly, as principal, agent, employee, director, partner or otherwise howsoever, approach any individual or organisation who has during the period of your employment been a customer of ours if the purpose for such an approach is to solicit business which could have been undertaken by us.
The rules & regulations mentioned in this Manual are subject to change at the discretion of the Management and all the employees will be governed by the most current rules and regulations.
We wish you a long & mutually beneficial association with PCS Management Consultancy Pvt. Ltd.
