EMPLOYEE SERVICE BYLAWS
OF SAGAR GROUP
Sagar Group revolves around people, sincerity, technology, and sticking to the fundamentals. We started as an initiative to understand Nepali market and offer optimum solutions and new experiences through ceaseless innovation.
We are reaching out to discerning consumers with keen sensibilities - people who continue to explore new activities and take on new challenges to experience more and achieve a better life. We have gradually developed our brand image and consistently always to communicate, "Possibilities: Unlimited." Sagar Group is contemporary yet authentic, ever-evolving its fundamental philosophies to the modern arena.
The history of Sagar Group has always been surrounded by its desire to create Possibilities Unlimited and lead towards a happier life. Through Sagar Group's innovative start and continuous growth, we are becoming a faster and smarter company of the future.
With a humble beginning from Banepa, Kavre, a small town in Kathmandu's outskirts, our journey started as a Desktop Publishing Service Organization firm, a single company with limited funds, resources, and workforce. Two decades later, the small desktop company has transformed into Sagar Group, a combination of different companies, world-renowned brands, carrying out multi-activities simultaneously. Sagar Group is a nation-wide influence today and stands as a proud example of hard work.
It supplements the Terms & Conditions of Employment as detailed in the "Appointment Letter" and "Employment Contract." This version of the document will be treated as the first version and will come in effect from Mangsir 28, 2077 (13 December 2020) and will remain in effect till modified according to the practices of Sagar Group. (Hereinafter referred to as Sagar Group/Company).
Until and unless the subject and context label any other meaning:
Except for the rights and authorities of BODs covered by bylaw, all other rights will be inherent to Chairman.
Employee Level and Category
7. Employee Level and Category
(A) Non-Management level
The non-managerial level of the employee are categories as follows:
(B) Management level
The managerial level of the employee are categories as follows:
Appointment, Transfer, Promotion, dismissal, Retirement, Gratuity, Resignation
a) When hiring an employee to a position, company has the right to ask a medical report which should be done by the certified doctors. If the candidate fails to do so the company holds all the right to decide whether to appoint or not.
b) If the company does not feel comfortable with the report presented by the candidate the company can do the check up by certified doctor.
a) An employee appointed by the company will remain as a probationer for 6 months.
a) An employee must register for daily attendance in a directed time, office and location.
a) Company will provide an identity card to its employee. Identity card should have information like employee name, employee identity number, designation, employee signature along with a clear photograph. Identity card should be verified by company stamp and signed by Chairman.
In support of the dress code, depending on the role, Sagar Group will provide (full or partial) uniform to those who require dress for their job function. Those required to wear uniform mandatory.
All Sagar Group employees are to conform to a dress code as an employee's appearance and hygiene is a reflection on the company's image. All employees are expected to dress neatly, appropriately for work while maintaining confidence in the services the company provides. Employees should refrain from wearing any fancy accessories to work.
The work station of an employee can be temporarily changed as per the business requirement of the company.
"A promotion occurs when an employee moves to a position that involves a higher job responsibility and is at a higher salary in a different level and grade". Employee promotion will only be considered according to the business requirement of the company. The basis of the promotion will be discipline, job skill, job experience, training, education qualification and other job-related contribution of an employee.
In general, an employee who is promoted to a higher position is eligible for a salary increase. Promotion of more than one level up is generally not allowed unless that individual is already qualified at that level and has all the required competencies. Such exceptional promotions would need to be recommended by the HOD. Second, by another functional HOD, routed through HRD and approved by the CEO and Chairman.
In an event of promotion of an employee, the company may require such employee to execute a bond committing a definite period of service to the company. The period of Bond along with other terms and conditions shall be as determined by the company and as provided for in a separate bond agreement executed between the employee and the company.
25. Office Time
Notice about working time will be mailed by the Human Resource Department or a circular will be sent to various department. Working time stated in mail or circular will come into immediate practice from the date as mentioned in email or circular.
27. Lunch Break
A nursing mother may leave up to two hours early until the child is six months old and can leave one hour early until the child is one year old. Prior approval of the manager and the Human Resource Department is required and will be decided on a case to case basis.
a) In case of business requirement, the company can ask an employee to work overtime. It is a duty of an employee to work overtime if the company demands. In general, over time will be allowed 4 hours a day and 24 hours a week.
c)The company should manage a vehicle for women to commute who starts to work before sunrise and ends after the sunset.
Performance Target, Quality of Task, Holiday, Leave, Performance Appraisal and Detail
31. Performance Target
Due to some personal, family or other various unavoidable circumstance, an employee might be unable to attend the office. Employees are entitled for leave that includes annual leave, sick leave, force leave, festival leave, maternity leave, paternity leave, mourning leave, other than weekly day off and public holidays.
8.This leave is granted to a female employee twice the entire period of service at Sagar Group.
9. Whatsoever provisioned in this handbook, in an event if the children of an employee who has already utilized the maternity leaves in accordance with the provisions of this handbook dies and or is born still, the company at its sole discretion may consider and approve an additional Maternity Leave of such employee if she is pregnant with another child. Where a female employee in a state of seven months pregnancy or more than seven months gives stillbirth or suffers a miscarriage, the provision relating maternity leave as per this Clause shall apply.
10.In an event of the demise of wife before completion of 60 days from the date of childbirth, the male employee whose wife has died may get remaining period of maternity leave as a paid maternity care leave for taking care of the newborn.
11.Except in cases of stillbirth or death of the child at the time of delivery, the employee will be required to submit the birth certificate of the child born.
12.No pregnant employee, two (2) months prior to her expected delivery will be required to do any work that involves long hours of standing, or in which anyway is likely to interfere with her pregnancy.
13.The employee has to produce birth certificate of a newly born child to validate the claim on maternity and paternity leave and services.
14.Based on the sole discretion of the management committee of the company, the management committee may approve and grant the facilities under maternity and paternity leave as provisioned in bylaw to an employee adopting an infant up to six months or surrogacy.
f) Mourning leave:
1. An employee shall be entitled to receive thirteen days paid mourning leave when a husband or wife dies or any employee is required to mourn in according to the core religion or a married female employee is required to mourn on the death of her father-in-law/mother-in-law.
2.Employees must submit a copy of the death certificate of such family member after rejoining office.
g) Replacement Leave:
1.If an employee involved in work that needs to be carried out regularly or without break works on public or weekly holidays such employee shall be entitled for replacement leave.
2.Such employee must consume the replacement leave within 21 days.
3.An employee eligible for overtime payment will not be entitled for replacement leave.
h) Public Holiday:
1.The Public holidays will be granted only by the company calendar.
2.Employees will get 13 days public holidays in a fiscal year. In case of female Teej and International women's day will be considered as public holiday.
33. Approval for Leave
Employees must take approval from leave approving authority before taking a leave.
Leave taken without approval from authorized personnel will not be counted as leave. Employees must apply for leave through ERP Portal.
34. Leave by law
a) All employee should be aware that all the leaves except sick leave, mourning leave, maternity leave are not the rights but facility provided by the company. Company holds all rights to deny, postponed and deduct the leaves.
b) Although the leave of an employee is approved, the company can cancel the leave and call the employee back to work when necessary
35.Authority to Approve leave
An employee who is authorized to approve leave must arrange the leave without hampering the daily operation of the company.
37. Leave Record
Employee leave record must be kept as per the format provided by the company. The leave record format is listed in the HRM portal (ERP).
38. Leave Encashment
Leave encashment against remaining leave will be calculated and provided after the end of that fiscal year.
39. Service Tenure Not Considered
If employee by any reason is not in the service or employee dies the encashed amount from the accumulated leaves and remaining emolument amount should be released to the close family member with consent.
40. Service Tenure
Human Resource Department holds a right to determine the service tenure of an employee based on the records available.
Code of Conduct and Disciplinary Procedure
41.Work Discipline and Duty Bonded
42.Misdemeanor and Penalty
Employee shall be penalized for below-listed misdemeanor.
46.Opportunity to Justify
The authority who has the right to penalize the employee should properly inform such employee about all the gathered proofs of conducting misdemeanor and information on penalty upon proven guilty, such employee should be given a deadline of seven days to justify themselves.
47.Authority to penalize
The authority of the company who penalize the employee on misdemeanor will be the Chairman or an employee appointed by the Chairman.
Despite of anything written above, an employee who is authorized by bylaw to make a final decision and penalize the employee for misdemeanor has the ultimate right to investigate and penalize.
48.Time to take action
After getting information on misdemeanor conducted by an employee the process to intercede on such misdemeanor must be processed within three months starting from the date the information has been received.
Decision must be made within three months from the date of intercede.
49.Minimize the penalty
None of the clauses in this article snags to lower the penalty even after proposing the heavier penalty previously.
Compensation, Benefits, Perks and other services
50. Allowance and Services to member of BODs
51.Duties, rights, emolument, allowance and services of Chairman
Emolument, services, allowances and other contingent expenses of CHAIRMAN will be as per the decision made by BODs.
Duties and measures of CHAIRMAN will be as per the appoint letter and term of reference provided by BODs.
52.Emolument and allowances of employee
Emolument and allowances of the employee working in the company will be in accordance to the bylaw. Such emolument and allowances will be mentioned in an appointment letter while appointing that employee. Based on the employee designation, work ability, skill, experience and academic qualification the scale of emolument and allowances will be non-identical.
Emolument and allowances of an employee can be differentiated based on seniority, performance appraisal, job nature and work experience. This clause is also equally applied for work-based and part-time employee.
The payment to the employee will be made through the bank after the end of the month.
Emolument, allowances, incentives and other benefits of the employee will be paid after deduction of tax in accordance to the prevailing law of Nepal.
54.Daily Allowance and Travel Allowance
Looking at the nature of the job BODs can decide daily and travel allowance for employee, advisor or consultant. BODs can revise daily and travel allowance time and again. Employee, advisor or consultant should take travel approval from Chairman or personnel authorized by Chairman before travelling.
In case travel days have to be extended, the employee should take an approval from the Chairman to extend their travel days. Unless an employee settled the advance for previous travel, advance for next travel will not be approved.
Employee working in the company will be paid amount equal to one-month basic salary or 50% of gross salary whichever is higher as a festival allowance.
Festival allowance for employee whose tenure in company is less than a year will be paid on prorate based on their total working days.
Employee working in a company is provided with medical insurance equal to rupees one lakh and accidental insurance equal to rupees seven Lakh.
57.Prize and Perks
BODs or CHAIRMAN can allot cash prize or other form of prize to an outstanding employee working in the company.
58.Change in existing benefits
Management of the company can change the facilities and services of an employee working in the company in accordance to the market position, government policy, labor act and laws.
First attendee will manage the first-aid support and immediate medical support to an employee for workplace hazard and injury. Insurance benefits will be to an employee whose treatment will be carried in hospital and half salary will be paid to an employee whose treatment will be carried in house.
60.Vehicle Fuel Benefits
To those employees whose nature of job requires them to use their personal vehicle for official purpose, Sagar Group will provide fuel expenses as per ERP claim.
Employee working in the company will have grade as per their level. Grade will be equal to the half-day basic salary of the employee. Grade will be accommodated if an employee gets promoted and if an employee is not promoted one grade will be added on every year completion.
62.Facility at Financial Crisis
Management committee can dismiss or withheld the facility such as medical, vehicle maintenance, fuel and other facilities in time of financial crisis.
a) The company will provide parking facility to all the employee.
b) Inspite of the security provided by the company, the company will not be liable to pay any kind of damages or loss.
Provident Fund, Compensation, gratuity, Bonus, Social Security Fund
a) The company shall monthly deduct 10(Ten) percent of the employee's basic salary and add ten percent and deposit the total amount for the purpose of provident fund.
b) Company keeps the individual record of provident fund of every employee. Accumulated PF record will be disseminated on the request of the employee.
65.Compensation for injury
a)If an employee gets injured while performing the duty as assigned by the company and required medical treatment such medical expenses of that employee will be compensated by the company with reference to Nepal Medical Council registered doctor.
b) If an employee gets injured while performing the duty as assigned by the company and won't be able to return to work immediately and required medical treatment in hospital or from home apart from medical compensation the employee will be paid a full salary if treatment is carried in hospital or in case medical treatment has to be carried from home employee will be paid half salary for that period of treatment.
c)But if the medical treatment has to be carried for more than a year the employee shall not be paid any amount of salary for period more than a year.
d)In case a,b,c company will only be liable to pay if the amount is more than the insurance covered amount.
66.Denial of Compensation
a) If the injury or death occurs due to natural disaster company will not be liable to compensate.67.Dual Compensation on same case is prohibited
Employee will not be eligible for dual compensation for the same case.
68.Terminated after paid of gratuity and compensation
If an employee gets injured while performing the duty as assigned by the company and won't be able to return to work even after a yearlong medical treatment upon recommendation of Nepal Medical Council registered doctor such employee can be terminated after paid of gratuity and compensation amount.
a) Every employee will be registered with Social Security Fund and amount to be deposited in Social Security Fund will be deducted from the basic salary of an employee and deposited to their respective account of SSF.
Profit bonus will be distributed as per the prevailing law of Nepal Government.
Use of storage facility, Logistic, Vehicle, Telephone, and other services
a) Company will manage a storage facility to store any kind of goods of the company. The store facility will keep record of all the incoming and outgoing goods in the company.
b) If the stored goods will be misused or intentionally damaged or handled inappropriately the cost for such damage will be recovered from an employee authorized to look after such goods.
a)All the vehicles that belong to the company will be directed by the person as authorized by the Chairman. The vehicles cannot be used for any other purpose except for the purpose of the company.
b)Logbook must be maintained for every vehicle. The logbook must contain the information like the name of the employee who use that vehicle, purpose to use the vehicle, distance travel in kilometer of the particular day and travelled locations.
c)The driver will be responsible to update logbook of the vehicle.
d)Account & Finance department will provide the overhead expenses for fuel and maintenance required to operate vehicle on the basis of form approved by the Chairman or person authorized by the Chairman to approve the form.
74.Telephone, Internet, Email
Employee must use the company's telephone, internet, email for the purpose of the company.
75.Intellectual Property Rights
All discovery, inventions, methodology, or improvements of work embodying intellectual property must be disclosed promptly, completely and in writing to the company by all Sagar Group employees. This includes all work made individually or jointly with other employees, at any time during their employment, which relates to or has the capability of being used in the business of Sagar Group. Such inventions are always the sole property of the company, despite whether they have a patent or not.
76.Photo, Video and Software Policy
Video/Photography is not permitted inside the Company premises without the prior written approval of the management. Defaulters will be subjected to disciplinary action up to the extent of termination.
Any Company or personal equipment located at the Company premises should be used for business purpose only and not to download/install illegal or unauthorized programs, software or data. Downloading of personal material can be harmful and should not be done.
In an event it has been downloaded in any system, the person operating the particular computer will be held responsible for the lapse and necessary disciplinary action will be initiated against him/her.
All public relation activities and media requests will be coordinated and managed to ensure dissemination of Sagar Group's external communication is accurate, appropriate and in line with Sagar Group Brand.
Sagar Group employees are not allowed to issue/give press statements, give interviews, statements, or other information to any form of media on any matters connected with the company. When members of the media contact Sagar Group employees to discuss anything that pertains to Sagar Group, those employees should direct the media to the HRD who will handle all requests in a prompt, courteous and professional manner. As the violation of this policy has the capacity to prejudice the interest and reputation of the company, in this regard this action will be considered for disciplinary action.
78.Social Media Policy
Regardless of whether or not a Sagar Group employee is representing the company in an official capacity through social media, the expectation from the employee is that they conduct themselves positively reflecting the organization.
Employees may not engage with social media at times or in ways that may interfere with their workplace.
Reserve, Layoff, discontinuity of service79.Reserve Labor
a) Below mentioned circumstances will be treated as unusual circumstances for the purpose of this bylaws.
1.In case of service or product discontinuity occurs due to damaged or broken of machines and tools.
2.In case operations stop due to unavailability of fuel, electricity or similar source of power.0
3.In case work cannot be carried out because of the outbreak.
4.In case work cannot be carried out due to unavailability or shortage of raw materials.
5.In case service or product of the company could not be sold and stocked
6.In occurrence of any other similar circumstances as mentioned above.
b)A Notice will be published to everyone in the circumstance when labor or employee has to be put into reserve for few more period due to reduction of product or service for some interval.
c)Following subject matter must be included in the published notice.
1.Reason to shutdown the company or certain part of company and expected period of shutdown.
2.Name list and total number of labor and employee to be put in reserve.
80. Compulsory Retirement
a)A regular employee will get retirement after the completion of age 58 (Fifty-eight).
b)If an employee is licensed by the state to perform a certain job and if the state dismissed such license of the employee, such employee will be compulsory retired from the service.
c)If prevailing law of Nepal indemnify the age limit to perform any job and if the age of the employee over limits the age such employee will be compulsory retired from the service. But this provision will not give right to an employee to work for more than the age of 58 (Fifty-eight).
Employee can be compulsory retire from the service as per the prevailing law of the state.
Health, Security and Safety Policy
81.Health and Safety Policy
82.Duties of company
In terms of work place related health & safety, company will have a below listed duties to its employee.
b) Make necessary provision for the use, operation, storing or shifting of chemical, physical or bio-degradable material or equipment so that the safety and health of workers shall not be affected adversely.
c) Provide necessary notice, training and information related to the safety and health of employees for the use of equipment.
d) Make proper arrangement for the safe entry and exit from the workplace.
e) Provide necessary personal safety equipment to employees if necessary.
Security personal of the company can search and inquire about any of the employee and labor.
86.Amendment of bylaws
Board of directors are authorized to amend this bylaw in accordance to changing circumstances. Any amendments in this bylaw will be posted in company's notice board within 7 (Seven) days.
In case any employee or labor working in this company is found performing any activities against bylaw, such employee or labor can be reported to the Chairman. Chairman can give necessary instructions or order to punish further ahead.
88.Existing laws and regulations of the state will superset
The prevailing law of Nepal will be accepted by default for any of the subject matter that are not exhibited in this bylaw.
89.Repeal and Saving
All the work and process carried out before the enforcement of this bylaws will be assumed in accordance to this bylaw on the basis of directions, orders and agreements executed prior enforcement of this bylaw.
These are the companies which comes under SAGAR group: