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Human Resource Policy

Handbook

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A Practical Compliance Reference
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Evaluer I Employment Law Attorneys

SCO15, Sector 17/E, Chandigarh
Copyright © Evaluer | all rights reserved

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Confidentiality

This handbook (“Handbook” or “HR Handbook”) is confidential to XYZ India Limited (the
“Company”, “XYZ” or “Management”), and is accordingly, intended for the sole use of the
recipients, and is not to be distributed, quoted, or referred to, in whole or in part, to any third
party without the Company’s prior written consent; provided however it may be shared with the
employees of the Company, shareholders and intermediaries involved in connection with it
thereto. This Handbook is designed to provide authoritative and accurate information in regard
to the subject matter covered. It does not constitute an advertisement or any form of solicitation.
All rights reserved. No part of this publication may be reproduced or transmitted in any form by

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any means, electronic or mechanical, including photocopy, recording or any information storage
and retrieval system without permission in writing from Evaluer. Request for permission to
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reproduce content should be directed to the website of the firm at www.Evaluer.co.in or a letter
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of intent should be couriered to Evaluer, SCO 15, Sector 17E, Chandigarh.
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TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL

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© 2013 Evaluer India Limited. All Rights Reserved. Printed in India. The firm reserves the right to
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make changes in the Handbook at its sole discretion. Evaluer acknowledges the proprietary
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rights of the trademarks and product names of other parties mentioned in this document.
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Y PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE,

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tected by the copyright laws of the United States and Canada and by

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Draft Copy: July 2013 r
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Y BE SUED IN A COURT OF LAW.

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Chandigarh, India
www.evaluer.co.in I
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Drafted by Evaluer c
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TABLE OF CONTENTS

WELCOME TO XYZ INDIA LIMITED .................................................................................................. 6

1. INTRODUCTION ...................................................... ERROR! BOOKMARK NOT DEFINED.
1.1 ORGANIZATION DESCRIPTION ...................................... ERROR! BOOKMARK NOT DEFINED.
1.1.1 PRODUCTS AND SERVICES PROVIDED .......................Error! Bookmark not defined.
1.1.2 ACILITIES AND LOCATIONS ..........................................Error! Bookmark not defined.
1.1.3 HISTORY OF THE COMPANY ........................................Error! Bookmark not defined.
1.1.4 VISION ..........................................................................Error! Bookmark not defined.
1.2 INTRODUCTORY STATEMENT............................................................................................. 5
1.3 CUSTOMER RELATIONS ..................................................................................................... 5

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2. THE EMPLOYMENT ................................................ ERROR! BOOKMARK NOT DEFINED.
2.1 NATURE OF EMPLOYMENT ............................................ ERROR! BOOKMARK NOT DEFINED.
2.2 EMPLOYEE RELATIONS ................................................. ERROR! BOOKMARK NOT DEFINED.
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2.3 EQUAL EMPLOYMENT OPPORTUNITY ........................... ERROR! BOOKMARK NOT DEFINED.
2.4 BUSINESS ETHICS AND CONDUCT ................................ ERROR! BOOKMARK NOT DEFINED.
2.5 PERSONAL RELATIONSHIPS IN THE WORKPLACE ....... ERROR! BOOKMARK NOT DEFINED.
2.6 CONFLICTS OF INTEREST .............................................. ERROR! BOOKMARK NOT DEFINED.
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2.7 OUTSIDE EMPLOYMENT ..................................................................................................... 7

2.8 NON-DISCLOSURE ......................................................... ERROR! BOOKMARK NOT DEFINED.
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2.9 DISABILITY ACCOMMODATION......................................................................................... 14

2.10 JOB POSTING AND EMPLOYEE REFERRAS ................... ERROR! BOOKMARK NOT DEFINED.
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3. EMPLOYMENT STATUS AND RECORDS ................................................................................. 8

3.1 EMPLOYMENT CATEGORIES .............................................................................................. 9
3.2 ACCESS TO PERSONNEL FILES..................................... ERROR! BOOKMARK NOT DEFINED.
3.3 PERSONNEL DATA CHANGES ....................................... ERROR! BOOKMARK NOT DEFINED.
3.4 PROBATION PERIOD ......................................................................................................... 17
3.5 EMPLOYMENT APPLICATIONS ...................................... ERROR! BOOKMARK NOT DEFINED.
3.6 PERFORMANCE EVALUATION ....................................... ERROR! BOOKMARK NOT DEFINED.
3.7 JOB DESCRIPTIONS ....................................................... ERROR! BOOKMARK NOT DEFINED.
3.8 SALARY ADMINISTRATION ............................................................................................... 10
4. EMPLOYEE BENEFIT PROGRAMS ......................... ERROR! BOOKMARK NOT DEFINED.
4.1 EMPLOYEE BENEFITS .................................................... ERROR! BOOKMARK NOT DEFINED.
4.2 VACATION BENEFITS ........................................................................................................ 22
4.3 HOLIDAYS ......................................................................................................................... 22
4.4 WORKERS INSURANCE.................................................. ERROR! BOOKMARK NOT DEFINED.
4.5 SICK LEAVE BENEFITS ..................................................................................................... 23
4.6 BEREAVEMENT LEAVE ..................................................................................................... 23
4.7 RELOCATION BENEFITS ................................................................................................... 24
4.8 EDUCATIONAL ASSISTANCE ............................................................................................ 25
4.9 HEALTH INSURANCE ..................................................... ERROR! BOOKMARK NOT DEFINED.

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1.2 INTRODUCTORY STATEMENT

LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL

This Handbook is designed to acquaint you with human resource policies of the Company
and provide you with information about working conditions, employee benefits, and
international treaties. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE,
© Copyright Biztree Inc. 2010. All rights reserved. Protected by the copyright laws of the United States and Canada and by

some of the policies affecting your employment. You should read, understand, and
comply with all provisions of the Handbook. It describes many of your responsibilities as
an employee and outlines the programs developed by XYZ to benefit employees. One of
our objectives is to provide a work environment that is conducive to both personal and
professional growth.
No HR Handbook can anticipate every circumstance or question about policies. As the

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Company continues to grow, the need may arise and XYZ reserves the right to revise,
FORM. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW.

supplement, or rescind any policies or portion of the Handbook from time to time as it
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deems appropriate, in its sole and absolute discretion. Employees will be notified of such
changes to the Handbook as they occur.
1.3 CUSTOMER RELATIONS
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Customers are among our organization's most valuable assets. Every employee
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represents the Company to our customers and the public. The way we do our jobs
presents an image of our entire organization. Customers judge all of us by how they are
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treated with each employee contact. Therefore, one of our first business priorities is to
assist any customer or potential customer. Nothing is more important than being
courteous, friendly, helpful, and prompt in the attention you give to customers. The
Company will provide customer relations and services training to all employees with
extensive customer contact. Customers who wish to lodge specific comments or
complaints should be directed to the [TITLE AND NAME OF THE PERSON RESPONSIBLE]
for appropriate action. Our personal contact with the public, our manners on the
telephone, and the communications we send to customers are a reflection not only of
ourselves, but also of the professionalism of XYZ. Positive customer relations not only
enhance the public's perception or image of the Company, but also pay off in greater
customer loyalty and increased sales and profit.

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Additionally, transactions with outside firms must be conducted within a framework

established and controlled by the executive level of the Company. Business dealings with
outside firms should not result in unusual gains for those firms. Unusual gain refers to
bribes, product bonuses, special fringe benefits, unusual price breaks, and other windfalls
designed to ultimately benefit the employer, the employee, or both. Promotional plans
that could be interpreted to involve unusual gain require specific executive-level
approval.
No "presumption of guilt" is created by the mere existence of a relationship with outside
firms. However, if employees have any influence on transactions involving purchases,

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contracts, or leases, it is imperative that they disclose to their immediate supervisor as
soon as possible the existence of any actual or potential conflict of interest so that
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safeguards can be established to protect all parties. Personal gain may result not only in
cases where an employee or relative has a significant ownership in a firm with which the
Company does business, but also when an employee or relative receives any kickback,
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bribe, substantial gift, or special consideration as a result of any transaction or business

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dealings involving the Company.

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2.7 DOUBLE EMPLOYMENT

During the tenure of your employment with the Company, you shall wholly devote
yourself to the work assigned to you and shall not undertake any other employment
either in full or on part time basis without prior permission of the Management in writing.

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3. EMPLOYMENT STATUS AND RECORDS

3.1 EMPLOYMENT CATEGORIES
The relationship between an employer and employee begins with the issuing of letter of
appointment and its acceptance by the employee and becomes a contract of employment
between the two. Since in general contracts, the parties are bound by the terms of
contract and are liable for breach thereof, so also in a contract of employment, the
employer and the employee are governed by the terms of employment, spelt in the letter
of appointment and thus assumes great significance in determining the rights and
obligations of both parties.

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Employees are broadly classified into the following eight categories:
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1. Temporary employee Means an employee who has been appointed for
a limited period for work which is of essentially
temporary nature and who is employed
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temporarily as an additional employee in

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connection with temporary increase in work of

permanent nature.
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2. Probationer Are those whose performance is being evaluated

to determine whether further employment in a
specific position at the Company is appropriate.
Employees who satisfactorily complete the
probation period will be notified of their new
employment classification.

3. Apprentice / Trainee Means a learner who has been admitted for

training.

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4.11 MATERNITY LEAVE

(i) Maternity leave can be availed by female employees who have worked for a
period of at least 80 (Eighty) days at the Company.
(ii) For the purpose of calculating 80 (Eighty) days on which a woman has actually
worked, the days for which she was on holidays declared under any law for the
time being in force to be holidays with wages shall be taken into account.
(iii) The maximum period for which any woman shall be entitled to maternity leave
is 12 (Twelve) weeks, of which not more than 6 (Six) weeks shall precede the
date of her expected delivery, and 6 (Six) weeks post delivery.

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(iv) For availing this leave, the women employee shall have to submit her leave
application, stating the date from which she will be absent from work, not being
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a date earlier than 6 (Six) weeks from the date of her expected delivery. The
application shall be accompanied by such proof as may be prescribed that the
woman is pregnant.
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(v) In case of miscarriage or medical termination of pregnancy, a woman shall, on

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production of such proof as may be prescribed, be entitled to leave with salary

for a period of 6 (Six) weeks immediately following the day of her miscarriage
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or, as the case may be, her medical termination of pregnancy.

4.12 HOLIDAYS
In addition to the above mentioned leaves, an employee will be entitled to 3 (Three)
national holidays, viz 26th January, 15th August, and 2nd October, besides Holi, Janam
Ashtmi, Dushehra, Dewali, and Guru Nanak’s Birthday.

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6.8 BUSINESS TRAVEL EXPENSES

The Company will reimburse employees for reasonable business travel expenses incurred
while on assignments away from the normal work location. All business travel must be
approved in advance by the immediate supervisor.

Employees whose travel plans have been approved should make all travel arrangements
through the Company’s accounts department. When approved, the actual costs of travel,
meals, lodging, and other expenses directly related to accomplishing business travel

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objectives will be reimbursed by the Company. Employees are expected to limit expenses
to reasonable amounts. Expenses that generally will be reimbursed include the following:
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a) Airfare, train or bus fare for travel, as entitled.
b) Fares for shuttle or airport bus service, where available.
c) Taxi fares, only when there is no less expensive alternative.
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d) Reimbursement of expenses when using own conveyance for Company work.

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e) Reimbursement of lodging / boarding and meals.

f) Charges for telephone calls, fax, and similar services required for business
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purposes.
Employees are encouraged to use their cellular telephone or calling cards when traveling.
Cash advances to cover anticipated expenses may be made to employees, after travel
plan has been approved. Employees should submit a written request to their supervisor
in the format annexed when travel advances are needed. When travel is completed,
employees should submit completed travel expense reports within 10 (Ten) days. Reports
should be accompanied by receipts for all individual expenses.
In addition to the above, the Company has formulated a fair and generous policy for
conveyance expenses incurred by employees for Company errands:
a) If the employees use their personal vehicle the reimbursement rates would be as
follows:
 Rs 3 (Three) per kilometer for two wheelers

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 Rs 8 (Eight) per kilometer for four wheelers

b) If the employees use taxi service for conveyance then reimbursement shall be
made only against the actual amounts mentioned in the receipts of the taxi
operator with clearly mentioned mileage and per km rates of the taxi. Approval
for use of taxi should be obtained prior to proceeding for the work.
c) A Conveyance Reimbursement Form (“CRF”) format annexed has to be filled up
and sent to the accounts department by the 3rd of the month subsequent to the
month in which the expenses were incurred. The form should be duly signed by
the employee as well as that employees department head.

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d) Employees seeking reimbursements for taxi services shall have to attach the taxi
operator receipts along with the above mentioned CRF.
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e) All toll and parking fees will be paid extra at actuals. The receipts of the same shall
be attached with the CRF.
f) Employees shall only receive reimbursement for actual, reasonable travel costs up
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to reasonable limits only.

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g) A daily log book shall be maintained having itineraries of employees travelling for
Company business.
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h) Company reserves the right to add, alter, amend, or cancel this policy at its
discretion if needed in future.

Employees should contact their supervisor for guidance and assistance on procedures
related to travel arrangements, travel advances, expense reports, reimbursement for
specific expenses, or any other business travel issues.

Abuse of this business travel expenses policy, including falsifying expense reports to
reflect costs not incurred by the employee, can be grounds for disciplinary action, up to
and including termination of employment.

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6.10 EMAIL USAGE

All employees who use the Company’s email system are required to comply with the
following:
a) Business use: The email system is to be used solely for business purposes of the
Company and not for personal purposes of the employees. Email may not be used
to solicit others for commercial ventures, religious or political causes, outside
organizations, or other non-business matters.
b) Ownership: All information and messages that are created, sent, received or
stored on the Company’s email system is the sole property of the Company.

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c) Email review: All email is subject to the right of the Company to monitor, access,
read, disclose and use such email without prior notice to the originators and
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recipients of such email. Email may be monitored and read by authorized
personnel for the Company for any violations of law, breaches of Company
policies, communications harmful to the Company, or for any other reason.
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d) Prohibited content: Emails may not contain statements or content that is

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offensive, harassing, illegal, derogatory, or discriminatory. Foul, inappropriate or

offensive messages such as racial, sexual, or religious slurs or jokes are prohibited.
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Sexually explicit messages or images, cartoons or jokes are prohibited.

e) Security: The email system is only to be used by authorized persons, and an
employee must have been issued and email password in order to use the system.
Employees shall not disclose their codes or passwords to others and may not use
someone else’s code or password without express written authorization from the
Company.
f) No presumption of privacy: Email communications should not be assumed to be
private and security cannot be guaranteed. Highly confidential or sensitive
information should not be sent through email.
g) Certain prohibited activities: Employees may not, without the Company’s express
written authorization transmit trade secrets or other confidential, private or
proprietary information or materials through email.

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7. EMPLOYEE CONDUCT & DISCIPLINARY ACTION

7.1 EMPLOYEE CONDUCT AND WORK RULES

To ensure orderly operations and provide the best possible work environment, the
Company expects employees to follow rules of conduct that will protect the interests and
safety of all employees and the organization. It is not possible to list all the forms of
behavior that are considered unacceptable in the workplace. The following are examples
of infractions of rules of conduct that may result in disciplinary action, up to and including
termination of employment:
a) Theft or inappropriate removal or possession of property.

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b) Falsification of timekeeping records.
c) Working under the influence of alcohol or illegal drugs.
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d) Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the
workplace, while on duty, or while operating employer-owned vehicles or
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equipment.
e) Fighting or threatening violence in the workplace.
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f) Boisterous or disruptive activity in the workplace.

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g) Negligence or improper conduct leading to damage of employer-owned or

customer-owned property.
h) Insubordination or other disrespectful conduct.
i) Violation of safety or health rules.
j) Sexual or other unlawful or unwelcome harassment.
k) Possession of dangerous or unauthorized materials, such as explosives or firearms,
in the workplace.
l) Excessive absenteeism or any absence without notice.
m) Unauthorized use of telephones, mail system, or other employer-owned
equipment.
n) Unauthorized disclosure of business "secrets" or confidential information.
o) Violation of personnel policies.
p) Unsatisfactory performance or conduct.
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7.2 SEXUAL AND OTHER UNLAWFUL HARASSMENT

The Company is committed to providing a work environment that is free from all forms of
discrimination and conduct that can be considered harassing, coercive, or disruptive,
including sexual harassment. Actions, words, jokes, or comments based on an individual's
sex, race, color, national origin, age, religion, disability, or any other legally protected
characteristic will not be tolerated. Sexual harassment is defined as unwanted sexual
advances, or visual, verbal, or physical conduct of a sexual nature. This definition includes
many forms of offensive behavior and includes gender-based harassment of a person of
the same sex as the harasser. The following is a partial list of sexual harassment examples:

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a) Unwanted sexual advances.
b) Offering employment benefits in exchange for sexual favors.
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c) Making or threatening reprisals after a negative response to sexual advances.
d) Visual conduct that includes leering, making sexual gestures, or displaying of
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sexually suggestive objects or pictures, cartoons or posters.

e) Verbal conduct that includes making or using derogatory comments, epithets,
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slurs, or jokes.
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f) Verbal sexual advances or propositions.

g) Verbal abuse of a sexual nature, graphic verbal commentaries about an
individual's body, sexually degrading words, or suggestive or obscene letters or
invitations.
h) Physical conduct that includes touching, assaulting, or impeding or blocking
movements.
If you experience or witness sexual or other unlawful harassment in the workplace, report
it immediately to your supervisor. If the supervisor is unavailable or you believe it would
be inappropriate to contact that person, you should immediately contact the HR
Department or any other member of management. You can raise concerns and make
reports without fear of reprisal or retaliation.

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For further information please contact:

Info@evaluer.co.in
Disclaimer:
This Handbook is not an advertisement or any form of solicitation. This
Handbook has been compiled for general information of the client and does
not constitute professional guidance or legal opinion. Readers should
obtain appropriate professional advice.

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Evaluer I Employment Law Attorneys

SCO 15, Sector 17/E, Chandigarh
Info@evaluer.co.in | 9814666141

Evaluer.