XX五星级酒店实用员工手册(英文版)
(此文档为word格式，下载后您可任意编辑修改！)
五星级酒店员工手册
(英文版)
PIC
Sample Company Policies
And Procedures
January 2004
Printing Industries of California
5800 South Eastern Avenue, Suite 400
P.O. Box 910936
February 3, 2004
PURPOSE OF THIS SAMPLE
Printing Industries of California (PIC) recognizes the value of well-written company personnel policies and procedures. Over the years PIC has published sample employee handbook language covering basic employment policies. Members have used this language
as a guide in creating written policies and procedures covering the company‘s employment practices and philosophies.
This publication, like others before it, does not claim to be all-inclusive or a final product. New State and Federal laws and legal decisions will require this sample to be updated, along with the company's employee handbook, to reflect these changes. Further, each company must develop an employee handbook, which reflects the employment practices unique to the company's operation and philosophies. Consequently, a publication such as this sample must be flexible and open ended to accommodate these differences in employment practices and philosophies.
In initiating or revising your company personnel policies or employee handbook, do not hesitate to call Doug Moore, Vice President of Human Resources, for assistance.
Although an effort has been made to provide sample language, which is consistent with applicable law, employers using this or other language may wish to have a labor attorney review their employee handbook before publication.
PIC would like to extend a special thanks to the Employment Law Department at the law firm of Silver & Freedman. They have provided a good portion of the language contained in this sample handbook and review its contents from time to time.
(EDITOR’S NOTE: HEALTH BENEFITS FOR EMPLOYEES ON WORKERS’ COMPENSATION DISABILITY AND OTHER LEAVES)
The California Workers‘ Compensation Appeals Board (WCAB) has decided in Navarro v. A&A Farming that an employer whose personnel policy terminated benefits after a stated period could apply the policy to persons on temporar y Workers‘ Comp disability. A&A Farming obtained its coverage from the Western Growers Trust, a California licensed MEWA, as is the PIASC, PINC and PIASD Benefit Trusts, so it is clear that the decision applies to those firms who obtain health coverage from the PIASC, PINC or PIASD Benefit Trusts. Firms that do not obtain their coverage from the Benefit Trust may probably rely on the same decision, but it is less certain. If health coverage ceases under such a policy, affected employees (in firms of two or more employees) become eligible for COBRA extension.
Companies can choose to make employer payments for more or less time than the 12 weeks suggested in the sample language with the following exceptions: Companies covered by the Family and Medical Leave Act must pay for at least 12 weeks, and all companies must pay for up to 31 days for employees activated for military service. The company‘s policy of payments should be the same for all leaves the company grants so as not to be discriminatory.
TABLE OF CONTENTS
PAGE
Introduction (6)
History of Company and Marketing Services Performed (6)
Your Industry (7)
Reference Checks (7)
Background Checks and Consumer Reports (7)
Terms of Employment (8)
Employee Classification (8)
Independent Contractor, Agency Temp or Leased Personnel (9)
Employment of Relatives (9)
Non–Harassment Policy (9)
Solicitation an d Distribution Rule (11)
Equal Employment Policy (11)
Reasonable Accommodation for Disabilities, Pregnancy and Lactation............... .. 12 Immigration Reform and Control Act (13)
Off-Duty Employee s (13)
Conflict of Interest (13)
Off Duty Conduct (13)
Personal Involvement (14)
Appearance and Courtesy (14)
Advanc ing With the Company (14)
Performance Evaluations (14)
Promotions (14)
Open Door Policy (14)
Rumors (15)
Customer Pro perty (15)
Confidentiality and Non-Disclosure (15)
Company Equipment Monitoring, Access and Inspection (16)
Voice Mail, E-mail & Computer Files (16)
Hours of Work –Workweek (17)
Excessive Tardiness/Absenteeism (18)
Working Conditions (18)
Hours of W ork (18)
Time Records (18)
Overtime Authorization and Requirement (19)
Holiday Pay (19)
Vacation Pay (19)
Sick Leave Pay (20)
Overtime Pay (21)
Reporting Time Pay (22)
Uniforms (22)
Meal Period (22)
Break Periods ………………………………………………………………………
23
Insurance Programs (Required by Law) (23)
Workers' Compensation (23)
Workers' Compensation Fraud (23)
State Disability Insurance (23)
Paid Family Leave Insurance (24)
State Unemployment Insurance ...................................................... (24)
Federal Social Security (F.I.C.A) (24)
Profit Sharing, 401 k or Pension Plan (25)
Company Health/Life Insurance (25)
Employee Purchases (25)
Time Off To Vote (25)
Jury Duty Time Off........... (25)
Judicial Leaves (25)
Court Appearances (25)
Domestic Violence or Sexual Assault (26)
Victims of Crime (26)
Bereavement Time Off (26)
School Activities Time Off (27)
Literacy Education Time Off (27)
Leaves of Absence (27)
Compensation and Benefits Accruals While on Leave of Absence (27)
Non-Retaliation…………………………………………………………………
28
Personal (Non-Industrial) Leave of Ab sence (28)
Family and Medical Care Leave of Absence (29)
Pregnancy/Childbirth Leave of Absence (30)
Industrial Medical Leave of Absence (31)
Military Leave of Absence (32)
Physical Examinations Following A Leave (33)
Personal Loans (34)
Personal Mail and/or Telephone Calls (34)
Bulletin Board (34)
Good Housekee ping (34)
Radios In Work Areas (34)
Keep Your Record Up To Date (34)
Request For Payroll Records (35)
Health Insurance portability and Accountability A ct (HIPAA) (35)
Personnel Records (35)
Loss of Company Property (35)
Company Work Rules (36)
Your Safety (37)
Hazardous Substance Tr aining (37)
Injury and Illness Prevention Program (37)
Smoking Restriction (37)
Workplace Security Policy (37)
Safe Operation of Vehicles (38)
Standards of Conduct (39)
Company Safety Rules (40)
Life Threatening Diseases (42)
Blood-borne Pathogens (43)
Reporting On the Job Injuries or Illnesses (43)
Emergency Medical Service (43)
First Aid (43)
Fire Extinguishers (44)
Employee Handbook Revisions (44)
Rece ipt and Acknowledgement for Employee Handbook (44)
INTRODUCTION
This is your employee handbook. It was prepared for you to help you better understand what you can generally expect from <______________________>. This handbook replaces any and all earlier personnel or employee handbooks, policies and procedures, benefit statements, and memoranda, whether written, oral or established by practice.
The information in this handbook is important to all of our employees. Read the manual now and keep it in a convenient place. You will want to refer to your handbook when you have questions about company policies and benefits.
Naturally, you won‘t find answers to all your questions in the handbook. It is neither a law book nor a catalog of personnel policies. In preparing this handbook, we have not tried to give you the minute details of each policy. Instead, we have attempted to present a summary of some of the more important policies. No written statement, no matter how complete, can be a substitute for direct daily contact with your immediate supervisor. Throughout your handbook, you will be urged to check with your supervisor or<_______________> for complete information on employee policies and benefits. This advice is continually repeated because its importance can‘t be overemphasized.
If your supervisor or <____________> doesn‘t have an immediate response to your question, he or she will get the information you seek and pass it along to you promptly. Circumstances will obviously require that the policies, practices and benefits described in the handbook change from time to time. The company reserves the right to amend, modify, rescind, delete, supplement or add to the provisions of this handbook as it deems appropriate from time to time in it‘s sole an d absolute discretion. However, no amendment or modification of the ―Terms of Employment‖ provisions of this handbook shall be effective unless made in writing, and signed by the President of the company. The company will attempt to provide you with notification of any other changes as they occur. HISTORY OF COMPANY AND MARKETING SERVICES PERFORMED
<_____________________________________________________________________> FOREWORD
Our employee handbook is a tool to help promote a cooperative and healthy atmosphere, to spell out policies relative to hours, wages, conditions of employment and to provide for the administration of these policies in the interests of all concerned, in keeping with conditions in our area and industry.
We are presenting this employee handbook because we feel that if you understand basically what is expected of you, and what you may expect of the company, we shall have an organization which better meets the needs of our customers.
The statements as set forth in this book have not been arbitrarily established. Each of them has a sound background of common sense based on the experiences of this company.
Employees have suggested many and we will further welcome suggestions from you that will aid in maintaining a constructive and harmonious relationship.
Our single most common goal must be to work together to meet the needs of our customers, remembering our customers are mutually our most important asset.
YOUR INDUSTRY
The printing industry is one of the largest and most important manufacturing industries in the United States. It is closely related to every other industry. In its production it borrows from agriculture, the extractive industries, and the machinery, electrical, and computer industries; in its distribution it utilizes the modern agencies of advertising, communication and transportation; in its usefulness it is the service industry of all.
California has grown into the number one print-producing industry in the nation. The printing industry, in fact, is the largest manufacturing sector in California in number of firms. When the allied industries of commercial printing, publishing, reprographics and various specialty printing were added together in 2001, they produced 14.8 billion in the state‘s economy and employed 111, 356 people.
Despite the fact that it is classified as a trade in the minds of many people, printing is one of the arts. It is a branch of the Graphic Arts field and as such is the means of preservation of all the other arts known to humanity.
REFERENCE CHECKS
To ensure that individuals joining the Company are qualified and have the potential to be productive and successful, the Company will check the employment references of all applicants. Every offer of employment is contingent upon the appropriate completion of a reference check.
No references will be given concerning any present or past employee of the company unless the Company has received a written request for such a reference. Only _____________________________ may respond to a request for a reference. Such response will only confirm the dates of employment and position held, and will be in writing. If an employee has given written authorization, the Company will also provide information on the amount of salary or wages earned by the employee.
BACKGROUND CHECKS AND CONSUMER REPORTS
The company may require your consent to obtain a consumer report in connection with your initial application for employment, your application for a new postion in the Company, or an investigation into possible wrongful conduct by you. A consumer report may contain information regarding your credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. The company will use this information for employment purposes only.
Refusal to authorize the obtaining of a consumer report by the Company may be a basis for denial of employment or other adverse employment action. The content of the consumer report may also be the basis for denial of employment, denial of a particular job position, or other adverse employment action. You will be advised if the Company elects to take adverse employment actions against you based in whole or in part on a consumer report. Unless you are suspected of wrongdoing, before requesting the consumer report, the Company will notify you of its intent to make the request. The Company will provide you with the name and address of every credit-reporting agency from which the Company may obtain the consumer report. If you specifically request a copy, within three days of the Company receipt of the report, you will be provided with a copy free of charge.
TERMS OF EMPLOYMENT
Despite any disciplinary procedures or company rules, standards of conduct or regulations, your employment is ―at will‖ which means ―the rel ationship between employer and employee may be terminated by either party ?unilaterally‘ at any time, with or without notice, for any reason, or for no reason at all‖. This handbook contains the entire agreement between you and the company as to the duration of employment and the circumstances under which employment may be terminated. discretion
Further, the company can demote, transfer, suspend or otherwise discipline an employee in its sole and absolute discretion. Nothing in this handbook, or any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment, or for continued or indefinite employment at a specific position or rate of pay.
Only the President of the company has any authority to enter into any agreement contrary to the ―Terms of Employment‖ stated in this policy, and such an agreement would have to be in writing and signed by the President.
EMPLOYEE CLASSIFICATIONS
You will be advised of your employee classification at the time of hire, promotion, transfer, or if any other change in your position with the company occurs. Since all employees are hired for an unspecified duration, assignment to any of these classifications does not guarantee employment for any specific length of time. Regardless of classification, employment is at the mutual consent of you and the company. Accordingly, either you or the company can terminate the employment relationship at will, at any time, with or without notice.
Full -Time Employees - are those normally scheduled for 40 hours of work per week.
Part - Time Employees - are those normally scheduled to work less than 40 hours of work per week. Part-time employees are not eligible for company fringe benefits available to full-time employees.
Casual Employees - are those who are hired on that basis and work for a special job and/or period of time. Such employees are not eligible for company fringe benefits available to full-time employees.
Non-Exempt Employees - Those employees who are subject to the provisions of federal and state law requiring the payment of overtime are considered to be non-exempt.
Exempt Employees - Those employees who are not subject to the provisions of federal and state law requiring the payment of overtime are considered exempt. Exempt employees, in our industry, normally include professional, executive, administrative and certain outside sales personnel.
INDEPENDENT CONTRACTOR, AGENCY TEMP OR LEASED PERSONNEL
An independent contractor, agency temp or leased individual is any person who is classified by the company as such,as evidenced by the company‘s failure to withhold taxes from their compensation. Independent contractors, agency temps or leased employees are not employees of the company. Even if the person is later reclassified by an action of a court or administrative agency as an employee of the company, he or she is not eligible for any retroactive company sponsored benefits.
EMPLOYMENT OF RELATIVES
Our company permits employment of relatives. However, the employment of relatives in the same department can create a conflict of interest. Therefore, immediate family members (see definition below) should not work in the same department for the same supervisor, or for a supervisor who is an immediate family member. Working in the same department for a different supervisor is permitted.
Immediate family members include spouse, in-laws, step relatives, domestic partner, parent, child or stepchild, sister or brother.
NON-HARASSMENT POLICY
Harassment in employment, including sexual, racial, and ethnic harassment, as well as any other harassment forbidden by law, is strictly prohibited by the Company. Employees who violate this policy are subject to discipline, including possible termination.
Racial, ethnic and other forms of prohibited harassment include, but is not limited to:
1.Visual conduct, including displaying of derogatory objects or pictures, cartoons, or
posters;
2.Verbal conduct, including making or using derogatory comments, epithets, slurs, and
jokes;
In addition, sexual harassment is defined by the regulations of the Fair Employment and Housing Commission as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes gender harassment and harassment on the basis of pregnancy, childbirth, or related medical conditions, and also includes sexual harassment of an employee of the same gender as the harasser. This includes, but is not limited to, the following types of offensive behavior:
1.Unwanted sexual advances;
2.Offering employment benefits in exchange for sexual favors;
3.Making or threatening reprisals after a negative response to sexual advances;
4.Visual conduct, including leering, making sexual gestures, displaying of sexually
suggestive objects or pictures, cartoons, or posters;
5.Verbal conduct, including making or using derogatory comments, epithets, slurs, and
jokes;
6.Verbal sexual advances or propositions;
7.Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's
body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations;
8.Physical conduct, including touching, assault, impeding or blocking movements. Examples of sexual harassment include (a) an employee being fired or denied a job or an employment benefit because the employee refused to grant sexual favors or because he or she complained about the harassment; (b) an employee reasonably quitting his or her job to escape harassment; or (c) an employee being exposed to a hostile work environment.
The Company will take all reasonable steps to prevent harassment from occurring and will take immediate and appropriate action when the Company knows that unlawful harassment has occurred.
If you have been harassed by a co-worker, supervisor, agent, vendor or customer, or if you believe that another employee has been harassed, you have a duty to promptly report the facts of the incident or incidents, and names of the individuals involved, to (Option: Human Resources.) (Option:______________________or _____________________.) The matter will be immediately and thoroughly investigated, and confidentiality will be maintained to the extent possible. After reviewing the evidence, a determination will be
made concerning whether reasonable grounds exist to believe that harassment has occurred. It is the obligation of all employees to cooperate fully in the investigation process. The Company considers any harassing conduct to be a major offense which can result in disciplinary action for the offender, up to and including discharge.
The Company will take action to deter any future harassment. In addition, disciplinary action will be taken against any employee who attempts to discourage or prevent another employee from bringing harassment to the attention of management. The persons involved will be advised of the determination if appropriate.
The Company wants to assure all of its employees that measures will be undertaken to protect those who complain about harassment from any further acts of harassment, coercion or intimidation, and from retaliation due to their reporting an incident or participating in an investigation or proceeding concerning the alleged harassment.
If any employee believes that the above procedure has not resolved his or her situation, that employee may contact the California Department of Fair Employment and Housing (DFEH) employee to file a claim within one year of the date that the harassment occurred. The DFEH serves as a neutral fact-finder and will attempt to assist the parties to voluntarily resolve their dispute. In the event that the DFEH is unable to obtain voluntary resolution and finds that harassment has occurred, the Fair Employment and Housing Commission (FEHC) may hold a hearing and award reinstatement, backpay, and monetary damages.
No action will be taken against any employee in any manner for opposing harassment or for filing a complaint with, or otherwise participating in an investigation, proceeding or hearing conducted by the DFEH or the FEHC with respect to harassment. SOLICITATION AND DISTRIBUTION RULE
In order to prevent disruptions in the operation of the company, and in order to protect employees from harassment and interference with their work, the following rules regarding solicitation and distribution of literature on company property must be observed. Employees: During working time, no employee shall solicit, or distribute literature to another employee for any purpose. ―Working Time‖ refers to that portion of the working day in which the employee is supposed to be performing actual job duties; it does not include such times as lunchtime, break time, or time before or after a shift.
Thus, no employee who is on ―working time‖ shall solicit or distribute literature to another employee. No em ployee who is on ―non-working time‖ shall solicit or distribute literature to an employee who is on ―working time‖.
No employee shall distribute literature to another employee for any purpose in working areas of the company.
No employee shall solicit, or distribute literature to any visitors at any time for any purpose.
Non-Employees: Persons who are not employed by the company shall not distribute literature or solicit employees or visitors at any time for any purpose on company
grounds or inside the company plant or office.
EQUAL EMPLOYMENT POLICY
The Company is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available people in every job. Therefore, the Company does not discriminate, and does not permit its employees to discriminate against other employees or applicants because of race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, marital status, national origin, citizenship, veteran status, ancestry, age, physical or mental disability (an impairment that limits a major life activity), medical condition (cancer-related), genetic characteristic, or any other
consideration made unlawful by applicable laws. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall and termination.
If you believe that you or another employee has been subjected to any form of unlawful discrimination, you have a duty to promptly report the facts of the incident or incidents, names of the individuals involved, and the names of any witnesses to (Option: Human Resources.) (Option:______________________or _____________________.)
The matter will be immediately and thoroughly investigated, and confidentiality will be maintained to the extent possible. After reviewing the evidence, a determination will be made concerning whether reasonable grounds exist to believe that discrimination has occurred. It is the obligation of all employees to cooperate fully in the investigation process. The Company considers any conduct based on unlawful discrimination to be a major offense which can result in disciplinary action for the offender, up to and including discharge.
The Company will take action to deter any future discrimination. In addition, disciplinary action will be taken against any employee who attempts to discourage or prevent another employee from bringing discrimination to the attention of management. The persons involved will be advised of the determination if appropriate.
The Company wants to assure all of its employees that measures will be undertaken to protect those who complain about discrimination from any further acts of discrimination, coercion or intimidation, and from retaliation due to their reporting an incident or participating in an investigation or proceeding concerning the alleged discrimination. REASONABLE ACCOMMODATION FOR DISABILITIES, PREGNANCY, AND LACTATION
Disability Accommodation: The company will make reasonable accommodations for the known physical or mental disabilities of an otherwise qualified applicant for employment or employee, unless undue hardship would result. Any applicant or employee who requires accommodation in order to perform the essential functions of a job should contact <__________________>. The applicant or employee should advise the company what accommodations he or she believes are needed in order to perform the job. Together with the applicant or employee, the company will engage in an interactive process to determine effective, reasonable accommodations, if any. If such an accommodation is possible and will not impose undue hardship upon the company, the company will make the accommodation.
The company also reserves its right to require an employee to undergo a fitness for duty medical examination, at the company‘s expense, if the company believes or suspects that the employee may not be able to perform the essential duties of the job without risk of harm to him or herself or others. In such an instance, the company will so advise the employee, in writing, of the need for the examination. Depending on the situation, the company reserves the right to suspend employment pending the results of the examination. Pregnancy Accommodation: A pregnant employee may request a reasonable accommodation of her condition upon presentation of a doctor‘s written certification attesting that the accommodation request is upon the doctor‘s advice. Such an accommodation may include, but is not limited to, a transfer to a less strenuous or hazardous position. If such a transfer can be reasonably accommodated, a pregnant employee will be transferred for the duration of her pregnancy.However, the company will
not undertake to create additional employment that the company would not otherwise have created to meet its own business needs.The company will not be required to discharge any employee, transfer any employee with more seniority than the pregnant employee, or to promote any employee who is not qualified to perform the job. Upon transfer, an employee will receive the salary and benefits, which are regularly provided to employees in the position to which the employee has transferred.
Lactation Accommodation: Employees who wish to express breast milk at work may request a reasonable accommodation to do so, which may include increased break time and privacy.
IMMIGRATION REFORM AND CONTROL ACT
The Immigration Reform and Control Act requires all individuals pass a verification procedure, including the completion of an ―Employment Verification Form‖, before they are permitted to work. This verification procedure requires that all new employees provide satisfactory evidence of identity and legal authority to work in the United States that comply with the requirements of the Immigration law.
If an employee has provided right to work documentation that has an expiration date, updated documentation must be given to the Company before this expiration date.
OFF-DUTY EMPLOYEES
All employees are required to leave the company property at the end of their regular working hours. You are not permitted to return to the company until the start of the next workday without permission of management or unless your supervisor calls you back for extra work or asks you to work overtime.
CONFLICT OF INTEREST
Employees are required to avoid any conflict of interest during their employment by the company. Any involvement that conflicts with an employee‘s duties or responsibilities or affect the employee‘s judgment in making a decision affecting the company will be considered a conflict of interest. This includes any direct or indirect business, management or financial interest or activity, whether or not for compensation, in any business or entity that is a competitor, customer, supplier, or vendor of the company.
Employees may engage in or have outside business or personal interests or activities that do not constitute a conflict of interest with their employment by the company. The company requires that these activities or interests do no adversely affect an employee‘s capacity to perform his or her functions or result in conflicting loyalties.
Off Duty Conduct– While the company does not seek to interfere with your off duty
conduct, certain types of off duty conduct may interfere with the company‘s legitimate
business interests.
Employees are expected to conduct their personal affairs in a manner that does not adversely
affect the company‘s integrity, reputation or credibility. Off duty conduct that adversely
affects the company‘s legitimate business interests or an employee‘s ability to perform his or her work will not be tolerated and may result in discipline, up to and including
termination.
Personal Involvement - Personal or romantic involvement with a competitor, customer,
vendor or supplier may impair an employee‘s ability to exercise good judgment on behalf of
the company. An employee should immediately disclose any relationship of this type to his
or her supervisor. The company will determine if any actual conflict of interest exists. If a conflict is determined to exist; the company will take whatever corrective action it deems to be appropriate.
APPEARANCE AND COURTESY
Neatness and good taste in dress, care in personal cleanliness, interest in your work, and a willing, cooperative attitude toward associates, customers and visitors are recognized and appreciated business assets.
No matter what your position might be, it‘s important to remember that good manners give
a good impression. Being pleasant and courteous to customers, visitors, and your
co-workers is an important part of your job.
ADVANCING WITH THE COMPANY
Performance Evaluations- Periodic evaluations may be made to determine your individual progress, training needs, and potential pay increases. Pay increases are not automatic and depend on factors such as the employee's demonstrated job proficiency and the company's ability to pay.
Promotions - The chance to advance is important to each of us. By promoting from within our organization, when present employees are qualified and as justified by our company needs and growth, the company offers as many opportunities for advancement as possible. OPEN DOOR POLICY
Our company recognizes that in any employee group, problems, difficulties, and misunderstandings may arise. It is the desire of the company to see that every problem is handled promptly. To this end, the company will endeavor:
1.To invite employees to talk frankly with their supervisor or to anyone else in
authority, when they have a problem of any kind, with the assurance that it will not
be held against them by their supervisor or anyone else in authority.
2.To provide an open door at all times for employees to discuss with upper
management any decision they feel to be unfair.
The company is most sincere in encouraging any employee who feels he or she has not been treated properly, or who has a problem of any kind, to make it known to management through the ―open door policy‖.
RUMORS
Rumors are always destructive to all concerned—they benefit no one. For information about the company or about things that are being done that you think will affect your job, ask your supervisor or <_____________>. Please feel free to do this—don‘t depend on rumors; get the facts.
You are expected to discourage the practice of starting or spreading rumors and to refrain from being a party to such actions.
CUSTOMER PROPERTY
Work being performed for our customers is their property and may be confidential. The removal of any samples of work in process, finished goods, spoiled sheets, or any other materials or supplies from the premises may place the company in an embarrassing position with the customer, and may possibly lead to the loss of the customer‘s business and/or legal complications.
CONFIDENTIALITY AND NON-DISCLOSURE
The company may provide and make available to you certain information regarding our business, including without limitation:
various sales and marketing information;
actual and potential customer and lead names, addresses, telephone numbers, and
specific characteristics;
mailing labels;
sales report forms;
pending projects or proposals;
methods of production (including quality control and packaging);
business plans and projections, including new product, facility or expansion plans;
pricing information (such as price lists, quotation guides, previous or outstanding quotations, equipment prices, or billing information);
estimating programs and methodology;
the techniques used in, approach, or result of any market research;
advertising sources;
financial information about the company;
customer information reports; and
mailing plans and programs;
whether written or verbal, or contained on computer hardware or software, disk, tape, microfiche or other media (―Information‖). This Information is of substantial
value, highly confidential and is not known to the general public. It is the subject of reasonable efforts to maintain its secrecy, constitutes the professional and trade secrets of the company, and is being provided and disclosed to you solely for use in connection with your employment by the company.
In consideration of your employment and receipt of the Information, you agree that you:
(1) Will regard and preserve the Information as highly confidential and the trade
secrets of the company;
(2)Will not disclose, nor permit to be disclosed, any of the Information to any
person or entity, absent written consent and approval from the company;
(3) Will not photocopy or duplicate, and will not permit any person to photocopy
or duplicate, any of the Information without the company‘s written consent and approval;
(4) Will not make any use of Information for their own benefit or the benefit of
any person or entity other than the company;
(5) Will return all Information to the company immediately upon request for it. Nothing in this policy alters the at-will nature of the employment relationship. COMPANY EQUIPMENT MONITORING, ACCESS OR INSPECTION
All Company business machines, equipment and furnishing, including but not limited to desks, cabinets, files and lockers, are Company property and the Company reserves the right to monitor, access, and inspect such equipment and furnishings. Therefore, employees should have no anticipation of privacy with respect to any information or material stored in Company owned equipment and furnishings.
VOICE MAIL, E-MAIL, AND COMPUTER FILES
Company provided voice mail, E-mail and computers are to be used for business purposes only, and may not be used for personal business. These systems are maintained by the company in order to facilitate company business. Therefore, all messages sent, received, composed and/or stored on these systems are the sole property of the company. Company computers should not be used to access on-line data bases or Internet services unless such access is for work related purposes. The company understands that on occasion, employees may need to conduct personal business using computing resources. Such use must be limited to break time and does not excessively use computing and network resources. Excessive use of computer and/or network resources includes but is not limited to listening to audio broadcasts (live or prerecorded) on the internet, viewing video broadcasts (live or prerecorded), downloading large datafiles for personal use. Allowing access to computing and network resources from the internet is strictly prohibited unless expressly authorized by Computer Operations and the supervisor in which the computing and network resources reside.
The company understands that on occasion family members or others may need to leave personal messages on the voice mail system for an employee, and is willing to accommodate this to a limited degree. However, personal use of the voice mail system, which interferes with an employee‘s wo rk performance, will not be permitted. Messages or communications on the company‘s voice mail, E-mail or computer systems are subject to the same policies regarding harassment and discrimination as are any other workplace communications. The company will not tolerate offensive, harassing or discriminatory content. Content that is considered offensive includes, but is not limited to, any message which contains sexual implications, racial slurs, gender-specific comments, or any other statement that offensivel y addresses someone‘s age, sex, sexual orientation, pregnancy status, marital status, religious or political beliefs, ancestry, national origin, citizenship or disability.
Employees should have no anticipation of privacy with respect to company provided voice mail, E-mail and computer based communications. Even when a message is erased, it may still be possible to retrieve it from a backup system. Therefore, employees should not rely on erasure of messages to guarantee that a message remains private. The company reserves the right to listen to employee voice mail and read E-mail messages and to access employee computer files to ensure compliance with these rules. This may be done without notice to any employee and in the employee‘s absence.
Notwithstanding the company right to retrieve and review such material, such material should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve any voice mail or E-mail messages that are not addressed to them.
Employees are prohibited from using passwords without prior company authorization and registration. The existence of a password on voice mail, E-mail or computer systems is not intended to indicate the messages or other communications will remain private. Employees are prohibited from loading any software onto a company provided computer where such action would violate the software license. Employees are prohibited from loading any software onto a company provided computer without the express approval of their manager or supervisor.
The E-mail system should not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary information, or similar matter without prior authorization from the company.
HOURS OF WORK - WORKWEEK
The hours of work and workweek, for both plant and office personnel are generally as outlined herein. However, management may alter or change the workday and workweek, for greater efficiency, to meet changing customer needs and services or for any other business related reason.
Plant Personnel: 1st shift hours are from <____>a.m. to <____>p.m., Monday through Friday, Normally scheduled 8 hours per shift, 40 hours per week.
2nd shift hours are from <____>p.m. to <____>p.m., Monday through Friday,
Normally scheduled <_____>hours per shift,< _____>hours per week.
The meal period will be designated by supervision.
Office Personnel:Normally scheduled for a 40-hour workweek from <___>a.m. to <___>p.m., Monday through Friday.
The Office Manager will schedule the meal period.
EXCESSIVE TARDINESS/ABSENTEEISM
Absence from work or tardiness(迟到) affects your income and hurts production. The ability of the company to operate efficiently and meet its schedules depends upon your regular attendance. Habitual or excessive absenteeism and tardiness cannot be tolerated. Tardiness of a few minutes does not require calling your supervisor, but an employee who expects to be delayed more than one-half hour must inform the supervisor. All employees are expected to call their supervisor within one half hour of reporting time on any day on which they expect to be absent. If a prolonged absence is anticipated, you should contact your supervisor or <______________> about a possible leave of absence.
WORKING CONDITIONS
Pay Day–You are paid (Options: weekly, bi-weekly, semi-monthly, other)on <_________day> for work performed during the payroll period(发薪期) ending the<________day> prior to the pay day(发工资日). If payday falls on a Sunday or a holiday recognized by State of California, paychecks are distributed on the (previous, next) day. (Editors Note: Choose either the previous or next workday)
Hours of Work- Full time employees normally work a 40 hour workweek, with at minimum, a 30 minute uninterrupted and duty free meal period each work day, scheduled by the supervisor to conform to(符合，遵照) production needs.
Time Records- Employees are required to record their own time in and out. No one, regardless of circumstances, is permitted to record time for anyone else or to allow such an
occurrence. Employees shall clock in and out on time, but not earlier than 4 minutes before their scheduled starting work time nor later than 4 minutes after their scheduled ending work time and such time is not considered paid time. Employees will begin and end work on time as scheduled by their supervisor. Employees are further required to clock in and out on time when taking their meal period.
Employees must record their time in and out whenever they leave the premises for any reason, other than company business.
If there is a mistake on the time record, an employee should inform his or her supervisor and then make and initial the necessary correction. The supervisor should also initial (草签)any correction.
Overtime Authorization and Requirement - All overtime worked will be paid, but failure to have overtime authorized in advance of working the overtime is a violation of company policy. You will be expected to perform overtime work on occasion when scheduled. There may be times when you will be unable to work overtime when asked to do so. In this event, please notify your supervisor so that other arrangements can be made. Repeated refusal to work overtime is a violation of company policy.
Holiday Pay - All full-time employees shall be paid a normal day‘s pay at straight time rates for the following (Company Option as to # of holidays)recognized company holidays.
New Year‘s Day Thanksgiving Day
Presidents‘ Day Day following Thanksgiving
Memorial Day 1/2 day before Christmas
Fourth of July Christmas Day
Labor Day 1/2 day before New Year‘s Day (Option: Employees must have worked the complete shift on their last scheduled workday prior to the holiday, and the complete shift on their next scheduled workday after the holiday, to be eligible for holiday pay. Management may consider a compelling reason, such as the medically verified illness or injury of the employee, in the payment or nonpayment of the holiday when this provision has not been fully met. Paid holidays (Option “are” or “are not”) counted as hours worked for the purpose of computing weekly overtime.
If a recognized company holiday falls on Sunday, it may be observed on the following Monday as a paid holiday, or if it falls on Saturday, it may be observed the previous Friday. Such a change is at the company‘s option. The company further may reschedule a company provided holiday any other day or date it chooses.
If a recognized holiday falls during a period of leave without pay, no pay will be given for the holiday. Should a holiday occur during your vacation period, an additional paid day off will be allowed.
The employee will be paid at (Optional: “their straight-time” or “time-and-one-half of their)hourly rate for all hours worked on a holiday. Additionally, the employee will receive holiday pay if otherwise eligible for this benefit.
Vacation Pay -Paid vacation is available to all full-time employees and is earned according to the following schedule.
All full-time employees will earn, from date of hire to the first anniversary of the hire date, _____ hours of vacation pay for every full or major fraction of months worked during the year, to a maximum of _____ hours for this anniversary year. This earned vacation will be taken during the following anniversary year.
All full-time employees will earn from the first anniversary of hire date, to the _______ anniversary of hire date, _____ hours of vacation pay for every full or major fraction of months worked during the year, to a maximum of _____ hours per anniversary year. This earned vacation will be taken during the following anniversary year.
All full-time employees will earn from the _____ anniversary of hire date, ____ hours of vacation pay for every full or major fraction of months worked during the year, to a maximum of _____ hours per anniversary year. This earned vacation will be taken during the following anniversary year. (Editors Note: The amount of vacation the company grants and when different amounts can be earned, based on years of service or some other criteria, is at the company’s discretion)
Time off for disability, sick leave, personal leaves, or other leaves of absence are not considered time worked and are not counted in the accumulation of earned vacation pay. Paid vacation time (Option: “is” or “is not) counted as hours worked for the purpose of computing weekly overtime.
In the process of scheduling vacations, employee‘s individual preferences will be considered, but the company ma y schedule at its option the employee‘s vacation if the employee fails to do so or if the company deems such action appropriate. Employees with the longest service in each department (Option: “will” or “may”)receive preference in case of conflicting requests.
Earned vacation may be given or required to be taken at the company‘s sole discretion as paid days off when production is low, as personal leave days, or as sick leave days.
When earned vacation is not taken, by the end of the anniversary year in which it was to be scheduled, such earned vacation may be paid for in lieu of days off or carried over to the following anniversary year at the discretion of the company. (Optional: However, once an employee has accrued one and one half (1?) year’s worth of v acation, no further vacation will be earned until some of the accrued vacation time has been used.) Vacation pay earned by an employee will not be forfeited. (Editors Note: If the company chooses to include the above option, it should seek the advise from a labor attorney or the PIC Industrial Relations Specialist for guidance on implementing this language lawfully)
Vacation pay earned and unused up to the date of termination will be paid to the employee upon termination at their current hourly rate of pay. This includes hours of vacation earned but unpaid from previous anniversary years as well as hours of vacation earned on a per diem basis to the date of termination.
Sick Leave Pay - Each full-time employee, as of the first anniversary of his or her date of hire as a full-time employee, will have available <___> hours of sick leave pay. This sick leave can only be used during the following 12 months of employment.
The employee further will have<___> hours of sick leave pay available at the beginning of each succeeding anniversary date, which can only be used during the following 12 months of employment. Sick leave available for a particular anniversary year cannot be carried over to future anniversary years nor will the remaining available sick leave be paid at the end of employee's current anniversary year. Likewise, employees terminating employment will not be paid any unused sick leave still available to them.
The sick leave pay is available to employees who are medically not able to perform their nor mal duties. A portion of the employee‘s available sick leave pay can be used to attend to the illness of his or her child, parent, domestic partner or spouse. This portion is equivalent to 50% of the total annual sick leave provided in this policy, or <_____>hours.
Sick leave is also available if an employee, or a member of an employee‘s immediate family, has been the victim of a crime and the employee needs to take time off in order to attend judicial proceedings relating to the crime.
Verification of the employee‘s medical disability, or need to attend to an immediate family member or domestic partner who is ill, may be required by the company in order for payment to be made.
Paid sick leave time (Option: “is not” or “is”) counted as hours worked for the purpose of computing weekly overtime.
Overtime Pay–For non-exempt employees, all hours worked in excess of 40 hours in any workweek or 8 hours in any one workday, shall be paid at 1 ? times each employee‘s straight-time hourly rate. If a non-exempt employee performs work on all seven days of the company‘s workweek, 1? times the employee‘s straight-time rate will be paid for the first 8 hours worked on the 7th day worked.
Double time of the non-exempt employee‘s straight-time hourly rate will be paid for all hours worked in excess of 12 hours in any one workday. If a non-exempt employee performs work all seven days of the company‘s workweek, double-time will be paid for any hours worked on the 7th day in excess of 8 hours worked.
The workweek, for the purpose of calculating overtime, starts on <_______>day, and ends
on <_______>day. The workday, for purpose of daily overtime calculations, starts at
<____> a.m./p.m. continues for 24 hours, to the following day at <_______>a.m./p.m. (Option) The company allows the use of make-up time when a non-exempt employee needs to take time off to tend to personal obligations. An employee‘s use of make-up time is completely voluntary. The company does not encourage, discourage or solicit the use of make-up time.
A separate written request is required from the employee for ―each occasion of personal obligation time off‖ that the employee wishes to makeup during a workweek indicating, for that occasion, the dates and hours in that same workweek they wish to work the makeup time. This written make-up time request must be received and approved in writing by management at minimum 24 hours before the employee works the make-up time(s) requested. The written request can be for workdays before or after the personal obligation time. The company will have the discretion to grant or deny an employee‘s request for make-up time based upon the company‘s staffing and operational needs.
If management grants this make-up time, the employee will receive straight-time pay, where he or she would have received time-and-one-half, for personal obligation make-up time. The employee will be paid this make-up time to a maximum of 11 hours worked, instead of 8 in a workday, at straight-time rates. Hours worked, including make-up time, beyond 11 hours in a day, or 40 hours in the workweek will receive appropriate overtime pay at time-and-one-half and double-time as indicated in the policy above.
(Option)The company does not allow the use of make-up time when a non-exempt employee needs to take time off to tend to a personal obligation.
Reporting Time Pay - An employee who is required to report to work and does
report, who is not put to work or works less than 4 hours, will be paid a minimum of 4 hours pay, except in the event of failure of utilities, fire, flood, explosion, bombing,
storm, act of God or other conditions beyond the reasonable control of the company.
If an employee is scheduled to work, and reports to work, a second time in a scheduled workday or on his or her scheduled day off, he or she will receive a minimum of 2 hours of pay.
Uniforms - Uniforms required by the company to be worn as a condition of employment, will be provided and maintained by the company.
Meal Periods -A 30-minute off-duty meal period will be granted during a work period not to exceed 5 hours. Employees will be relieved from all duties for 30 minutes. If an employee works no more than 6 hours in a workday, he or she may waive their off-duty meal period in a written agreement with the company.
Also, if the company determines the nature of the employee‘s work does not permit he or she to be fully relieved of his or her duties, the company may ask the employee to enter into a mutual but voluntary written agreement to work an on-duty paid meal period.
If an employee works for a period of more than ten (10) hours in a workday, the employee must be provided with a second meal period of not less than 30 minutes. If the total hours the employee will work is no more than 12 hours, the second off-duty meal period may be waived by mutual written consent of the employee and the company. Despite the existence of a written waiver for the second off-duty meal period, this meal period must be taken if the employee did not take or receive his or her first meal period for that workday.
You may not add your rest periods to your meal period so that you can take a longer meal period. The law requires that you actually take your off-duty meal periods absent one of the waivers described above. Don‘t ask to work through your mea l period so that you can either come in late or leave early. An employee who refuses to take his or her meal periods may be subject to discipline, up to and including termination of employment.
(Option: If for some reason you are prohibited from taking a full and continuous 30 minute meal period, you must advise______________ in writing within that payroll period; or it will otherwise be presumed that you have taken or received the required meal periods.)
(Editor’s Note: If the company fails to provide or the employee does not take a 30 minute off duty meal period as required by the California Industrial Wage Orders, the employee is entitled to an extra hour of pay (in addition to being paid for working an on-duty meal period) for each workday they do not receive an off-duty meal period)
Break Periods– Employees will receive a paid break period of 10 consecutive minutes for each four hours worked or major fraction thereof which as far as practicable shall be taken in the middle of each 4-hour period. (Option:These 10-minute break periods will be granted on an informal basis as job duties permit. The employee will be relieved of all duties during the break period, allowing he or she, among other activities, to get a cup of coffee, a glass of water or a soft drink, or to use the break or rest area facilities). (Option:The breaks will be scheduled by your Department Supervisor, unless work related needs dictate otherwise, between ____ A.M. to ____ A.M. and ___P.M. and ___P.M.)If an employee‘s total daily work time is less than 3 ? hours, no rest period will be authorized.
Employees are required to take their break periods. (Option: If you find you are unable to take a break period, you must inform your supervisor immediately. The supervisor will adjust your schedule so you can take your break period or will give you permission to work through the break period). (Option: If for some reason you are prohibited from taking a break period, you must advise______________ in writing within that payroll period; or it will otherwise be presumed that you have taken or received the required break periods.)