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Code of Conduct

Xymbolic employees are expected to follow what is right and correct, in accordance with set standards, and uphold that self-discipline is so deeply valued that they behave even when nobody is around to check. 

Ergo, this Code of Conduct has been thought of and developed with the end in view of correcting the behavior of each employee so as to constantly bring out the best in every person at all times, as it is the wish of management that everyone would always demonstrate good conduct, and thus, no one would have to suffer the penalties hereunder prescribed.

ObjectivesPoliciesProceduresResponsibility to Know

Objectives

Establish awareness among all employees of the standard of conduct expected of them in the discharge of their duties and responsibilities and their relationship with the company, their colleagues, customers, vendors, and the public in general.

Enhance order, discipline, and correct specific behaviors to have harmonious employer-employee relations at Xymbolic.

Provide the management with sufficient guidelines in the administration of disciplinary cases and inform all employees of existing rules and regulations on behavior for their guidance.

Standardize policies and procedures with respect to the reporting of violations of the company’s rules and regulations. 

Policies

It is the policy of the company to maintain and preserve order, harmony, and discipline in its organization and among its employees through the enforcement of reasonable rules and regulations. While disciplinary actions may be imposed for violations of these rules, the overall intent is more to prevent the infraction than the administration of the penalty. Thus, the basic thrust of this policy is preventive rather than punitive, where education and correction should be the focus of discipline rather than mere punishment.

Should disciplinary action be warranted by the situation, it is the company’s belief that, in order to be effective, the corresponding sanction shall be meted out immediately after a violation has been committed, preferably no later than 48 hours after the commission of the offense. It is stipulated that behavioral problems be resolved at the lowest level and at the earliest possible time.

The responsibility of administering disciplinary action is initially placed on the immediate superior. However, in performing this function, he or she should work closely or coordinate with the department head concerned and the Human Resource Department.

Although sanctions are provided for each offense and the frequency with which they are repeated, it is still the department head’s wise and prudent use of his discretion and judgment that shall be the overriding consideration in deciding whether to impose a disciplinary action or not. While cases may seem to be identical in nature, their handling is almost always different. As such, it is in the interest of equity as well as flexibility for sanctions in the Code to be used merely as a framework of reference and not as an absolute requirement to be applied blindly.

Although specific penalties are provided for each offense, management reserves the right to impose a lower penalty when, in its sole discretion, the circumstances surrounding the commission of the punishable offense so warrant. Also, situational pressure and an individual’s circumstances should be considered when appropriate disciplinary action is being determined.

This guideline fosters sound employee-supervisor/manager relations through effective policies and procedures, channels of communication, and ultimately reconciliation and settlement of work-related problems. It also provides sufficient guidelines for administering disciplinary cases.

An employee who committed a number of violations at the same time or a series of offenses at a given time shall be subjected to the corresponding prescribed penalties.

All records pertaining to offenses and sanctions shall be carried in the employee’s 201 file. For the purpose of determining the frequency and penalty applicable, the offense and sanction meted out from the implementation of these rules and regulations shall not carry a prescriptive period, except for the sanctions regarding tardiness and absenteeism and those subjected to written warning only, which will be prescribed after (1) one calendar year.

Procedures

Step 1
If an employee has allegedly committed any violations or infractions, the immediate superior shall interview or call the attention of the offender in private to explain why he or she committed the violations or deny having committed the same. He or she shall afford that if the employee occurs within the work area or jurisdiction of another department, the supervisor or department head in whose area of responsibility the offense was committed shall prepare the violation report.

Step 2
A violation report shall be prepared by the supervisor within 24 hours of the discovery of the violations, furnishing a copy to both HRD and the department head. If possible, a record of what transpired during the meeting shall be produced and must be signed by the employee, too. Similarly, written statements from the offender, witness, and other documentary or physical evidence shall be attached to or accompany the report.

Step 3
A notice to explain (NTE) form shall be immediately issued to the erring employee in order to be heard, explain his or her side of the alleged violation as a matter of due process, and submit a written explanation within 48 hours upon receipt. Failure on the part of the violator to comply with this requirement means the right to defend or due process is waived, and the corresponding corrective action shall be issued at once. The one who initiates the report and assesses the NTE and written explanation imposes the appropriate penalty and/or recommends the corresponding sanctions based on the Code of Conduct and signs a duly processed document for transmittal to the department head and HRD.

Step 4
Verbal reprimands and written warnings may be immediately acted upon by the supervisors. In cases where notice of decision requires suspension of not more than one (1) week, the department head concerned may render the decision of the case and serve the corrective action with a copy forwarded to the HRD for recording and reference.

Step 5
All cases involving more than one (1) week of suspension, preventive suspension, and termination, without exception, shall be administered and closely coordinated with HRD specifically for investigation, administrative hearings, and progressive penalties. In cases of grave misconduct, gross violations, and dismissal for just cause, the HR office may review all reports and documentation up to the notice of decision and recommend whether the corresponding sanction shall be upheld or alternative action be conducted. In a situation where the identity of the employee is already established beyond reasonable doubt, either by admission or strong corroborative evidence from a witness, further investigation may be waived, and HRD or the department head concerned may immediately issue a notice of decision.

Where the employee has committed a serious offense and his service or presence poses a serious and imminent threat to the life or property of the employer and co-workers, the employee may be placed under preventive suspension of not more than thirty (30) days by his or her department head or HRD pending the result of the investigations. The equivalent compensation shall be given. If penalized for suspension, the number of days served shall be credited as a penalty.

Step 6
In cases of grave offenses, which normally call for dismissal or termination of employment, a discharge procedure should be followed.

Upon commission of an offense, the supervisor should submit a compulsive violation report to his department head within 48 hours.

The department head issues an NTE to the erring employee of the charge against him to submit within 48 hours a written explanation why a drastic disciplinary action should not be imposed upon him. Failure to submit a written explanation means that he or she waives his right to due process and imposes the appropriate penalty through the notice of decision. If deemed necessary, he or she will be placed under preventive suspension and advised on the pending investigation and administrative hearing required.

A formal investigation of grave offenses shall be conducted by both the HR Head and the Department Head. The offender shall be given full opportunity to present his side and present witnesses and support documents on his behalf.

after a thorough investigation and evaluation of the case. If the employee is found guilty, a memorandum or notice of termination shall be served by his department head, duly noted by the HRD Head, and a copy shall be furnished to DOLE.

Step 7
If the penalized employee is not satisfied with the decision, an appeal to the grievance committee is possible, and the cases shall be settled through grievance machinery as provided for. In instances where the functional head and HRD have a disagreement, all papers (Violation Report, NTE/WE/investigation results, and records of the case) are sent to the President or General Manager for review and final decision.

Responsibility to Know

All rules and regulations shall be announced to all, and no regulation is considered effective unless properly communicated to all employees. Everyone is expected to study, understand, and comply with these rules and regulations. 

No one can plead ignorance of the same. Likewise, everyone is required to read all notices posted on the bulletin boards and is responsible with respect to any matter appearing in such notices that may concern or affect them.

HR Roles in Disciplinary Actions

Discipline is a line function. Line and department managers and supervisors are responsible for the behavior of their respective employees and subordinates. It is our primary and direct responsibility to implement and enforce these company rules and regulations, including the implementation of the proper penalties. Likewise, it is their duty to initiate disciplinary action whenever necessary.

General Rules

Code of Conduct

Employees must strictly observe the schedule of working hours that the company has established from time to time.

The regular working period is 48 hours a week, or six (6) working days a week, except for legal holidays and special non-working holidays. The total working hours per working day, including break time but not including meal breaks, shall not be less than eight (8) hours.

Office and operations personnel, like sales, logistics, and technical, may have different working schedules. Due to exigencies of work and serious operational requirements, some employees are required to render overtime work and/or report to work with a corresponding premium on regular holidays and special non-working holidays.

A rest day shall be provided or enjoyed by each employee, which is normally Sunday and/or the scheduled one, at the discretion of the management.

Keeping an accurate time record is a legal requirement, but more importantly, it is necessary for the computation of hours worked and the salary due to every employee. Every employee shall, therefore, see to it that these time entries are accurate at all times.

The company is using finger scanning (biometrics) to record employees' attendance, and individual time records will strictly adhere to the No Biometrics Register means No Pay rule. The following rules shall be strictly observed by all employees required to register working time.

An employee is required to show or log in with registered finger on the biometrics machine.

Before commencing work (time-in).
Before lunchtime. (Break-Out)
After lunch. (Break-In)
Upon close of working hours. (Time-Out)
Depending on the nature of the exigencies of work, employees going out for the one-hour meal break must register, log out, and log in upon return. An employee is required to register if he leaves in between working hours due to under-time, leave, and the like, unless he or she is on official business-related activities.

An employee shall be considered absent if there are no biometrics in for any particular day, and similarly, if there are no time-ins but there is a registered time-out, it shall be interpreted that the employee reported late for work and intentionally did not register his time-in.

If an employee makes a mistake in biometrics time-in or fails to time-out, he or she shall immediately refer this matter to the appropriate superior and/or timekeeper within the same day; otherwise, they will be subject to a penalty.

A deduction on salaries shall be made for tardiness as follows:

Tardiness for more than 60 minutes without a written and justifiable excuse is considered absent; otherwise, it can be applied as undertime.

Time logged in before the start of official working hours or time logged out after the completion of working hours is not considered overtime unless prior written approval to render overtime work is obtained from the immediate superior.

Tampering, making unauthorized corrections to the biometrics register, or failing to register are strictly prohibited and may be grounds for disciplinary action. All adjustments to the biometric time recorded may be done only by duly authorized personnel and will be recognized only if duly initiated and dated by the person who made the correction, the official timekeeper, or the immediate superior.

In order to maintain continuity of work and the company's operations, it is essential for every employee to maintain a good attendance record and refrain from committing unnecessary and unauthorized absences.

The following rules must be observed by an employee in case of absences from work, either with or without pay.

At least one (1) day in advance, notice or permission must be secured from the employee's immediate superior or head by completing the prescribed leave form.

Any authorized absence shall be considered an absence without official leave (AWOL) and is subject to disciplinary action without pay.

Should an employee fail to secure prior approval to be absent due to some emergency, illness, accident, or other compelling reason, he or she must inform his superior or head within 4 hours of the first day of absence by phone, text, SMS, or message sent through another person or any possible means. Should this notification procedure be manifestly impossible, the employee should notify his superior of his failure to observe the notification procedure upon his return to work. In any case, he must complete the appropriate leave form.

All sick leave and absence applications must pass through the HR Office or be duly certified by the supervisor; otherwise, the employee shall be charged with AWOL and leave without pay. Three (3) or more days of sick leave must be duly supported by a medical certificate; otherwise, it will be disapproved.

Every employee is expected to render "a fair day's work for a fair day's pay." He has been employed by the company because of his qualifications for his job, and it is, therefore, his responsibility to discharge the various duties and functions efficiently and to the best of his ability.

He is also expected to follow the instructions and orders of his superior and always see to it that his work is not neglected or abandoned. Gross and habitual neglect of one's duties as well as willful disobedience of orders from superiors are just causes for disciplinary measures.

An employee is not supposed to loiter around during office hours and leave his workplace to attend to personal matters without first securing permission from his superior or department head.

He shall also refrain from interfering with or disturbing the work of his co-employee. The employee must arrange the materials to be worked on in an orderly manner to ensure easy access and promote efficiency.

Every employee is expected to give due respect to his superior(s) by recognizing their authority and to get along with their co-employees by following rules of courtesy and proper decorum. In order to maintain and preserve goodwill and a smooth relationship and to value synergy and "malasakit" with those he works with every day, an employee must always keep the following in mind:.

He should not quarrel with his co-employee or engage in fights within the company premises at any time. Any conflict or misunderstanding shall always be settled in an amicable manner. If an employee is unable to resolve the difference with his co-employee, he should always refer the matter to his immediate superior, department head, HR officer, or any person of higher authority in the company.

He shall not threaten, intimidate, or coerce his co-employees or interfere with their work. He shall avoid using profane, obscene, or abusive language.

If a certain difference or conflict with his immediate superior arises, an employee should bring it to the attention of higher authority in his department instead of engaging with his superiors in an unnecessary exchange of invectives, unpleasant and harsh remarks, or confrontation.

Employee misconduct, rudeness, rumor-mongering, gossip, coercion, bribery, and illicit and immoral acts may be a valid cause for drastic disciplinary action.

The company's information on every employee that it hires is limited to the extent of the information that the employee has furnished in his application as well as the data provided by his references. Believing he is qualified, the company employs him, thereby demonstrating management's faith in his honesty and trustworthiness. Accordingly, any false statement or material omission by the employee in his application or in any other document required by the company or under his custody subsequent to his acceptance shall constitute a warranty termination from employment.

As a general rule, any misconduct that involves dishonesty, fraud, breach of trust, or incorrigible behavior will be dealt with the severest of sanctions, including termination for cause that aligns with our corporate value of integrity.

Every employee shall take care of any property, materials, equipment, office furniture, tools, implements, machines, or vehicles that the company assigns to him as if they were his own. Careless handling or intentional damage to company property not only has a direct bearing on assessing the employee's efficiency but may make the employee liable for damages as well. Therefore, she always:

Handle all office operations and logistics equipment and facilities properly and carefully in order to avoid losing or damaging them.

Use materials, office and operational equipment and supplies, computers, and gadgets in connection with authorized work only; never for personal or unofficial work that includes web surfing, social media, games, apps, or other computer-related infractions.

Take good care of office facilities, motor vehicles, and other company-owned and provided facilities, including their required maintenance and cleanliness.

To maintain security and order, the following acts are strictly prohibited inside the company premises at all times, and non-observance or violation thereof shall be subject to corresponding penalties.

Carrying a firearm, whether licensed or not, explosives, bladed instruments, and other deadly weapons is strictly prohibited.

Drinking liquor or taking prohibited drugs, or entering the company compound while drunk or under the influence of liquor or drugs.

Solicitation and/or collection of bills or money without prior management approval, as well as gambling or any game of chance inside the company premises.

Refusal or failure to comply with security rules such as frisking, searches, etc.

Not wearing the official company ID card anywhere inside the company premises. This includes giving an ID card or company identification materials to any person not entitled to them or assisting a non-employee to enter the company premises without official authorization. not wearing the prescribed company uniform, vest, etc.

Staying within the company premises beyond the regular working hours without any permission or authority from the company, especially for personal purposes.

Every employee shall consider as equally important in the company as it is in his own home the preservation of health, maintenance of good housekeeping in his workplace, and consciousness of safety.

In order to achieve excellent health and safety standards in the company, every employee must observe and comply with the following rules:

Maintain personal wellness, acceptable attire, and hygiene when reporting for work.

Keep one's work area neat, clean, up-to-date, and orderly.

Do not spit, sneeze, or cough openly, and do not throw cigarette butts or other rubbish in the workplace or surrounding area. Use appropriate receptacles, such as waste baskets, bins, etc.

Report to the superior or department head any unsanitary condition or practice that he may have noticed, as well as unsafe conditions and hazards.

Use comfort rooms, powder rooms, lavatories, pantries, and other offices properly.

Report immediately to the concerned superior if sick or suffering from any work-related injury before it worsens.

Strictly enforce epidemic/pandemic control, compliance, and protocols.

Refrain from horseplaying while at work and avoid unspeakable acts.

Follow all safety and health regulations issued by the company.

It shall be the company's sole prerogative to transfer an employee from one work location to another (including transfer from one section, department, or division to another) as well as to reassign him from his present position to another as may be deemed necessary. Refusal to comply with instructions without valid and justifiable cause shall be considered serious disobedience to orders and subject to appropriate disciplinary action.

The following words and phrases, as used in this code of conduct, shall have the following meaning, unless a different one is clearly indicated in the text.

COMPANY refers to XYMBOLIC IT SOLUTIONS PROVIDER CORPORATION

EMPLOYEE means all persons, including contractual or temporary, casual apprentices, agency workers, and probationary employees, under the employ and on the active payroll of the company.

COMPANY PREMISES means all landholdings, buildings, branches, and stores. Vehicles and all other properties owned or rented by the company and its affiliates.

NARCOTICS means prohibited substances and regulated drugs that can certainly cause habituation and addiction, as defined under existing laws.

DEADLY WEAPON means an object or item likely to cause harm or death, like a bladed weapon, gun, ammunition, or explosive.

AWOL means absence without official leave and without pay.

OFFICE means the administration or human resources of the company.

PENALTIES:

  • "Reprimand" means any verbal admonition for a lighter offense committed.
  • A warning is a written memorandum to the erring employee for the commission of an offense or any omission(s) defined under this code.
  • Suspension is a temporary detachment from service without pay as a sanction for offenses committed.
  • Dismissal is a separation from service or termination of employment. A dismissed employee loses all rights except those provided for by law.

Habitual tardiness or absence: having more than three (3) instances of tardiness or absences in one (1) month. This includes coming late to a company meeting or failing to start meetings on time.

Absence from work: Failure to report for work or incapability to report due to circumstances beyond control should be made known to the supervisor or manager.

Misappropriation/Padding: wrong use or dishonest use of cash funds (i.e., adding prices to purchased goods or using cash funds for personal benefit).

Infraction: violation of the policies, rules, and regulations.

Immoral or profane words: showing disrespect and using vulgar words or expressions.

Insubordination is the intentional refusal to obey a superior's lawful and reasonable orders.

Loafing: spending working hours idly, busy doing nothing, like time theft and wasting time, chatting with co-employees, aimless wandering, and accomplishing nothing.

Pilferage: stealing company properties and/or personnel effects; committing fraud or corruption of less value compared to theft. Punishment for pilferage has the option of criminal prosecution, which may be filed by the company if the management has material evidence.

Sanction: a punitive measure, penalty, or company's disciplinary or corrective action.

Negligence or carelessness: failure to take reasonable care to avoid causing injury, loss, or damages. When an employee fails to exercise the amount of diligence necessary in the performance of one's job to protect property or life, to prevent wastage or spoilage of company property, or to prevent wasting time and effort.

Offenses against property: any act of vandalism committed on company property and/or personal property within company premises; willful damage or unauthorized removal of property belonging to the company or to another employee.

Preventive Suspension: the temporary removal of an employee charged with violation of company rules from his or her present status or position, usually imposed while the company is conducting an investigation, as his or her continuous employment poses a serious and imminent threat to the life or property of the employer and co-workers. It shall not be longer than 30 days, as the worker must be reinstated if it is proven invalid or ultimately dismissed from employment if found to be valid.

Restitution of Damage: The company shall have the right to require payment and/or replacement of damages or losses resulting from employees' intentional acts or negligence, provided, however, that the amount to be paid shall take into consideration the condition and fair replacement value of damaged or lost items or property as determined by management.

AGGRAVATING AND MITIGATING CIRCUMSTANCES: The company shall have the option to lessen the gravity of an offense or sanction for circumstances that affect less severe and serious conditions (mitigating circumstances), while those conditions, events, things, and actions that contribute to making an offense, problem, or sanction intensify and become more severe (aggravating circumstances).

Table of Offense and Penalty Schedule

Code of Conduct


Acknowledgement of Receipt of Xymbolic Code of Conduct.

I have received and reviewed the Code of Conduct in its most current form.

I fully understand that the Code of Conduct provides management with sufficient guidelines in the administration of disciplinary cases and informs us of existing rules and regulations on behavior for my guidance, which I commit to abide by and obey.

Since the provisions, policies, and procedures described here are necessarily subject to change, I acknowledge that revisions to the Code of Conduct in the future may occur. All such changes will be communicated via official notice. I understand that revised information may supersede, modify, or eliminate existing policies.

Furthermore, I acknowledge that reading and understanding this Code of Conduct means that I am committed to complying with the tables of offenses and schedule of penalties provided, subject to the provisions of due process and grievance mechanisms available.

Confidentiality is key.

Respect company confidentiality. Xymbolic employees should be reminded not to share any proprietary or confidential information about the company, its clients, or its projects on their personal social media accounts. Data privacy safeguards the protection of information assets from unauthorized access, ensuring that sensitive data remains secure. (Please see XIMS policy about Data Protection, Privacy, and Security) in compliance with RA 10173.

Respect Copyright and Intellectual Property

Xymbolic employees should be reminded to respect copyright and intellectual property laws when sharing content on social media. This includes not sharing copyrighted material without permission and giving proper attribution when necessary in compliance with RA 8293.

Cyber Safety Is Essential

Be mindful of privacy settings. Encourage Xymbolic employees to review and understand the privacy settings on their social media accounts. Remind them that, even with privacy settings, content can sometimes be seen by unintended audiences. (please see company privacy policy.) In line with RA 10175, also know as the Cyber-crime Prevention Act of 2012

Avoid Conflict of Interest

Xymbolic employees should refrain from posting content that could create a conflict of interest with their role in the company. This includes discussing competitors, engaging in activities that could undermine the company's interests, or promoting personal business ventures that could be perceived as competing with the company. (Please see the company non-compete agreement.) acquired from RA 6713 Conflict of Interest.

Regular Training and Updates

The social media landscape and best practices evolve, so regular training sessions and updates on social media policies can help keep employees informed and aware of their responsibilities.

Maintain Professionalism

Even on personal accounts, Xymbolic employees should conduct themselves in a manner that reflects positively on the company. This includes refraining from posting offensive, discriminatory, or inflammatory content. Employees must avoid posting comments that someone may consider threatening, harassing, or defaming. HR may have the authority to request to see their social media if they’re being formally investigated for misconduct. 

Follow the Brand Guidelines

If Xymbolic employees are associated with the company in their personal capacity (e.g., in their social media profiles), they should clarify that their views are their own and not necessarily reflective of the company's views. This can help prevent any confusion about endorsements or official company positions.

Think Before Posting

Encourage Xymbolic employees to think critically about the potential impact of their posts before sharing them. Remind them that once something is posted online, it can be difficult to remove and may have lasting consequences. Cyber Libel: Liability for Posting in Social Media: If the defamatory post was made online, RA 10175 could apply.

Consequences of Violations

Clearly outline the potential consequences of violating these guidelines, which may include disciplinary action, including termination of employment, and up to a cyber libel case. Under Article 282 of the Labor Code of the Philippines, which includes serious misconduct that results in a loss of trust and confidence, it is a valid ground for dismissing an employee and does not require proof beyond a reasonable doubt.

Reporting Concerns

Provide clear channels for Xymbolic employees to report any concerns they may have about inappropriate social media activity, whether it's their own or that of their colleagues. This can help address issues before they escalate.

Do not air your dirty laundry online. 

Social media etiquette.

Social media is not the place to air dirty laundry.

Dirty laundry belongs in the basket, not on social media.

People have enough drama in their lives. If you have an issue, don't post it. Once it's out there, it's there forever. Don't post carelessly.

Avoid posting your personal problems on social media. Your personal problems require personal solutions, not social attention.

Maturity is when you stop posting your personal problems on social media and instead find solutions to them.