Employee Service by Law of Sagar Group

EMPLOYEE SERVICE BYLAWS

OF SAGAR GROUP

2077


 

Contents

Foreword

Preliminary

1.Short Title and Commencement

2.Definition

3.Interpretation and Amendment

4.Organization Structure

5.Delegation of Authority

6.Oath

Employee Level and Category

7.Employee Level and Category

Appointment, Transfer, Promotion, dismissal, Retirement, Gratuity, Resignation

8.Appointment

9.Medical Check up

10. Probation Period

11.Attendance

12.Identity Card

13.Dress Code

14.Transfer

15.Temporary Posting

16.Promotion

17.Dismissal: Edification

18.Resignation

19.Notice period

20. Bond

21.Consultant

22.Handover

23.Academic Qualification:

24.Maintain Personal File

Office Time

25.Office Time

26.Notice

27.Lunch Break

28.Overtime Duty

29.Shift Based Duty

30.Women at work

Performance Target, Quality of Task, Holiday, Leave, Performance Appraisal and Detail

31.Performance Target

32.Leave

33.Approval for Leave

34.Leave by law:

35.Authority to Approve leave

36.Planned Leave

37.Leave Record

38.Leave Encashment

39.Service Tenure Not Considered

40.Service Tenure

Code of Conduct and Disciplinary Procedure

41.Work Discipline and Duty Bounded

42.Misdemeanor and Penalty

43.Sexual Harassment

44.New Arrangement for Misdemeanor in Bylaws

45.Suspension

46.Opportunity to Justify

47.Authority to penalize

48.Time to take action

49.Minimize the penalty

Compensation, Benefits, Perks and other services

50.Allowance and Services to member of BODs

51.Duties, rights, emolument, allowance and services of Chairman

52.Emolument and allowances of employee

53.Income Tax and other taxes

54.Daily Allowance and Travel Allowance

55.Festival allowance

56.Insurance

57.Prize and Perks

58.Change in existing benefits

59.Medical Facility

60.Vehicle Fuel Benefits

61.Grade

62.Facility at Financial Crisis

63.Parking Facility

Provident Fund, Compensation, gratuity, Bonus, Social Security Fund

64.Provident Fund

65.Compensation for injury

66.Denial of Compensation

67.Dual Compensation on same case is prohibited

68.Terminated after paid of gratuity and compensation

69.Gratuity

70.Social Security Fund

71.Bonus

Use of storage facility, Logistic, Vehicle, Telephone, and other services

72.Storage Facility

73.Vehicle Usage

74.Telephone, Internet, Email

75.Intellectual Property Rights

Reserve, Layoff, discontinuity of service

79.Reserve Labor

80.Compulsory Retirement

Health, Security and Safety Policy

81.Health and Safety Policy

82.Duties of company

Miscellaneous

83.Confidential

84.Gift

85.Search and inquiry

86.Amendment of bylaws

87.Report

88.Existing laws and regulations of the state will superset

89.Repeal and Saving



Foreword

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).


Preliminary
1. Short Title and Commencement
a) The name of this document will be "Employee Service Bylaws of Sagar Group 2077" (henceforth Bylaws).
b)The handbook set forth pertains to all employees of Sagar Group. 
c)This bylaw will come into effect from Mangsir 28, 2077 (13 December 2020) and will remain in effect till modified according to the practices of Sagar Group.

2. Definition

Until and unless the subject and context label any other meaning:
a) "Bylaws" should be interpreted as Employee Service Bylaws of Sagar Group 2077.
b)  "Board of Directors" should be interpreted as member of BODs of Sagar Group.
c)  "Company" should be interpreted as Sagar Group.
d)  "Director" should be interpreted as Director of the Board of Directors.
e)  "Chairman" should be interpreted as the ultimate person accountable for every process and assignment.
f)    "Management Committee" should be interpreted as a committee formed by the Board of Directors.
g)  "Appointing Authority" should be interpreted as the Human Resource Department of the company.
h)  "Labor/ Employees" should be interpreted as labor or employee working as a regular/contract/time-bound/casual/part-time in any position.
i)    "Family" should be interpreted as a husband, wife, father, mother, and minor children living together with the employee.
j)    "Salary" should be interpreted as basic salary along with allowance that an employee receives.
k)  "Basic Salary" should be interpreted as the basic salary along with grade added after completion of one year in service.
l)  "Law" should be interpreted as labor Law 2074 and any amendments made thereafter.
m) "Office" should be interpreted as a Corporate office and all the branch office.
n) "Entitled" should be interpreted as the nearest relatives as per the prevailing law of the country.
o) "Fiscal Year" should be interpreted as the 1st day of Shrawan of the first year to the last day of Ashad of the following year, consisting of 12 months.
p) "Office Time" should be interpreted as work time as stated by this bylaw.
q) "Position" should be interpreted as a total number of regular/work-based appointments authorized by BODs.
r)  "Work Station" should be interpreted as a place/location/situation where an employee has to stay or travel for office work.
s) "Employment Contract" should be interpreted as a contract between employee and company on services, facilities, provisions, and conditions along with the appointment letter issued by the company.
t) "Employment Period" should be interpreted as the period as contracted by an employee. Also, it indicates the listed terms,
1. The period during reserve
2. The period during paid leave
3. Unpaid maternity and maternity care leave
4. Leave taken because of occupational hazards or accident occurred during office work.
u) "Department" should be interpreted as a different department of Sagar Group.
v)  "Manager" should be interpreted as Chairman of Sagar Group. Also, it indicates the ultimate accountable authority of any branch or unit.
w) "Social Security Fund" should be interpreted as social security fund as defined by existing law.
x)  "HRM" should be interpreted as electronic information system of Sagar Group. where various important policies, notice, process, forms, documents and other information are included.
y) Singular words used in this bylaw also denote the plural and plural words also denote singular words, similarly, gender representing words represent all kinds of gender.
3. Interpretation and Amendment
a) Board of Directors holds the right to interpret and amend the bylaws.
b) In case if any of the employees have not been benefitted from the terms mentioned in bylaws, they can apply to interpret the terms to the BODs through the Human Resource Department.
c) The interpretation of bylaws made by BODs will be declared the final version.
4. Organization Structure
Organizational structure, number of positions and location will be determined by BODs as per the organization's requirement.
5. Delegation of Authority

Except for the rights and authorities of BODs covered by bylaw, all other rights will be inherent to Chairman.
6. Oath
All the appointed employee will be informed about this bylaw. An employee appointed thereafter must take an oath to maintain confidentiality.


Article 1

Employee Level and Category


7. Employee Level and Category
All the employee associated with Sagar Group is categorized as below.

(A) Non-Management level

The non-managerial level of the employee are categories as follows:

Level

Designation

1

Jr. Assistant

2

Assistant

3

Sr. Assistant

4

Supervisor

5

Executive

6

Jr. officer

7

Officer

8

Sr. Officer

 

(B) Management level

The managerial level of the employee are categories as follows:

Level

Designation

9

Asst. Manager

10

Manager

11

Sr. Manager

12

DGM/AGM

13

GM

14

MD

15

CEO


Article 2

Appointment, Transfer, Promotion, dismissal, Retirement, Gratuity, Resignation


8. Appointment
a)      The company holds the right to appoint, transfer, promote and dismiss the regular/work-based/time-bound/casual/part-time employee by assigning the job description. Company will follow the process as described by bylaw or existing law of Nepal while performing the above jobs
1. "Regular Employment" must be interpreted as all the employment except work-based, time-bound, casual and part-time.
2. "Work-Based Employment" must be interpreted as an employment assigned for completion of certain work or rendering certain service.
3. "Time-Bound Employment" must be interpreted as an employment assigned for a certain period time determined.
4. "Casual Employment" must be interpreted as an employment assigned for seven or less days in a month.
5. "Part-time employment" must be interpreted as an employment assigned for 35 or less hours in a week.
b) Sagar Group is committed to ensuring a fair, consistent and non-discriminating recruitment process. Recruitment and selection of an employee shall be made on an open competition basis under the needs of the company. Any recruitment and selection, layoff and termination are directly tied to Sagar Group's business needs and will be driven by Sagar Group's business priorities and needs.
c) Every employee will be provided with an appointment letter along with the job description & terms of reference. Those documents will be filed and recorded.
d) The right to appoint, terminate, retirement and the resignation will be inherent to the Human Resource Department of the organization. Human resources can delegate the right to other authority upon the approval of the Chairman.
e) Despite the above information, the Chairman can appoint the necessary employee on the agreement for the various business purpose of the company. Service, period and condition of the employee will be in accordance with the agreement.
9.Medical Check up

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.

10.Probation Period

a) An employee appointed by the company will remain as a probationer for 6 months.
b) Chairman or anyone as authorized by Chairman can terminate the probationer employee at any time If the performance of the employee is found dissatisfactory. 
11. Attendance

a) An employee must register for daily attendance in a directed time, office and location.
b) An employee found off duty during office hour for regular 15 minutes and more without the permission of the manager will be punished.
c) If 10 (b) is violated for more than 3 times a month he/she will be penalized by a day salary and further neglect will result in pro-rata basis penalization.
d) If an employee does not attend office for more than 30 days regularly without any information such employee can be terminated from service.
e) If an employee does not attend office without pre-information, salary for that particular day will be deducted.
12. Identity Card

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.
b) An employee must return the Identity card while separating from the company.
13. Dress Code

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.

14. Transfer
a)
 Considering the similar nature and level of work, the manager can transfer an employee to any of the branch, department, unit of the company. An employee must accept the transfer to the designated branch, department or unit.
b) During the transfer, the salary, wage and other terms & conditions of an employee will not be different whereas allowances as per the job responsibility, special allowances can be interchanged.
15. Temporary Posting

The work station of an employee can be temporarily changed as per the business requirement of the company.

16.Promotion

"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.

Eligibility:
·  An employee should complete 12 months in a role {six (6) months' probation & six (6) months in a role}.
· For Assistant Manager and above, an employee has to serve minimum 2yrs.

Performance appraisal of an employee must be submitted to the Human Resource Department by the concerned head of department at least once a fiscal year.

17.Dismissal:Edification
a)
 Unnecessary and irrelevant post & designation of the company can be dismissed by the BODs.
b) In case of a time-bound employee, employment can be dismissed after the end of stated time on the agreement.
c) In case of work-based employment, an employee can be dismissed after completion of the stated project on the contract document.
d) In case of casual employment, employment can be dismissed by casual employee or company at their own will.
18. Resignation

a) An employee can resign from his/her employment by submitting a written application to the Human Resource Department. The employee must submit resignation to the manager of the Human Resource Department prior to the last date as mention in the application. If the resignation is not approved within the time, it is understood to be automatically approved from the next day of the last date as mentioned.
b) An employee must submit a clearance sheet which is duly signed from all the related department after resignation is approved. In case of advance or other outstanding amount is seen on employee name, an employee must fully reimburse the advance amount and outstanding bills before leaving the company.
c) An employee is obliged to pay half of the training cost if an employee resigns from the company before ending six months starting from the last day of training. Resignation from such employee will not be approved until such amount is reimbursed.
d) Despite any clauses written anywhere, the resignation of an employee can be dismissed under the mutual understanding of an employee and the company.
19.Notice Period

a) Except for an employee who has been terminated on disciplinary issues, if employment has to be dissolved the company or an employee is required to inform as bellow.
1. For employment up to 4 weeks: notice period of at least 7 days.
2. For employment from 4 weeks to 6 Months: notice period of at least 15 days.
3. For employment exceeding 6 months: notice period of at least 30 days. However, HOD and above level 10 (ten) employee need to submit 2 months of the notice period. 
b) If the company dismiss the employment without providing the sufficient notice period an employee company has to compensate with the amount equal to the gross salary against the total notice period to be entertained.
c) If an employee ends the employment with the company without serving sufficient notice period the company can deduct the amount equal to the gross salary against the total insufficient notice period.
20. Bond
Where an employee has signed a bond committing a fixed period of service at the company while going for training and or instances of Promotion, such employee shall not allow leaving the service of the company until the bond period expires. If the employee wishes to leave the service of the company before the expiry of the bond period, such employee shall be required to pay back the proportionate amount of his/her total training expense or any other amount of compensation as provisioned in the Bond executed between the company and such employee before acceptance of the resignation.

The company at the time of keeping at work a Trainee in accordance with the provision of this handbook may require such trainee to execute a Bond. If the Trainee wishes to discontinue the training period prior to the completion of the tenure of the training agreement, such trainee shall be liable to pay a compensation amount as provisioned in the Bond executed between the company and such Trainee

21.Consultant
a)
 To meet the business requirement of the company, a foreigner could be appointed as an adviser or consultant in accordance with the prevailing law of Nepal. Subject matter expert also can be appointed as a special consultant.
b) Appointment, services, compensations, benefits, terms & conditions of foreign consultant and the special consultant will be determined by BODs.

22. Handover
a)
 It is the sole responsibility of the retired, transferred and resigned employee to return all necessary documents, that includes assets and materials in the employees' possession to the immediate supervisor or Human Resource Department and it is mandatory.
b) Retired and terminated employee must submit handover all the necessary documents, assets, materials in their possession within six working days. In case, the employee does not handover all the necessary documents, assets, materials in their possession the employee is entitled to punishment as per the prevailing law of Nepal.
c) Full and final settlement of the employee related to payment and other benefits will be carried out by the company after receiving complete handover.
23.Academic Qualification

The BOD reserves all the rights to define the academic qualification and skill for the required position.

24. Maintain Personal File

A separate personal file of the employee will be maintained which includes a copy of personal history form, interview evaluation form, resume, citizenship card, educational certificates, training certificates, PAN card, appointment letter and other important documents as per company requirement.


Article 3

Office Time

25. Office Time
Manager can determine the working hour of an employee in accordance to the prevailing labor law. Manager can determine the weekly holiday in non-uniform days as per the business need.

26.Notice

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)
 Manager can allow daily 45 minutes lunch break in between the working hour without hampering the daily office activities.
b) Lunch break can be assigned at a different time for a different employee.
c) Nursing mothers whose child is below 2 years of age shall be allowed to take reasonable break time to breastfeed and look after their infants.

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.
28. Overtime Duty

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.
b) The overtime payment of normal working days will be calculated 1.5 times the hourly basic salary of the employee.
c) The overtime payment of public holidays as declared by the company will be 2 times the hourly basic salary of the employee.
d) The overtime payment of Dashain and Tihar holidays will be 2 times the hourly gross salary of the employee.
e) For the overtime payment, the employee must submit the total working hours report which should be approved by supervisor and manager consecutively. The overtime report must be submitted to the Human Resource Department through HRM portal (ERP).
f) Employee above level nine is not eligible for overtime, although looking at the nature of the work and as per the business need of the company the employee can be eligible for overtime with approval of department head.
29.Shift Based Duty
a) The manager can change the shift of an employee as per the business need and it will be the job duty of the employee to work on the changed shift.
b) An employee working on a shift basis can leave the workplace only after proper hand over his work to the next consecutive employee working on another shift after that employee.
c) If an employee does not join the duty on time, the shift supervisor must be informed immediately and the supervisor must communicate to the manager on time.
30. Women at work 
a)
 Women can't be engaged in work except in between six am to six pm. A women employee can also be engaged in work beside the time period as mentioned with her approval by providing necessary security and safety.
b) Every employee of the company has to work at the allocated time and location as per their designated job duties. If an employee is found late at duty station or serves less hours than the allocated time, Head of Human Resource Department can take action upon such employee.

c)The company should manage a vehicle for women to commute who starts to work before sunrise and ends after the sunset.


Article 4

Performance Target, Quality of Task, Holiday, Leave, Performance Appraisal and Detail

31. Performance Target
Daily, weekly, monthly and yearly performance target of the company will be as per the decision of the management. It will be the duty of concerned employee or team to fulfil such performance target. While calculating the quantity of performance target only the performance which meets the standard quality as expressed by management will be counted.

32. Leave

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.
a) Annual Leave:
1. In general, annual leave is assigned to all the employed employee. While calculating annual leave the total working days also includes weekly holidays, public holidays and other paid leaves.
2.Employees are eligible for 1 (One) day paid annual leave for every month. Accumulated annual leave will be encashed at the end of every fiscal year.
3. Accumulated annual leave will be paid as per the basic salary of the employee only after the end of the fiscal year.
4.Apart from the fiscal year-end, the employee will be paid for accumulated annual leave at the time of full and final clearance. Annual leave amount calculation will be calculated based on the last withdraw basic salary of the employee.
5.Employees can only take annual leave by providing prior notice and approval from respective HOD or HR department. Failure to do so leave will be counted as unpaid leave.
b) Sick Leave:
1. Employees will get 12 days paid sick leave in a fiscal year.
2.  If an employee has to take sick leave for more than 2 days, the employee needs to submit a medical document prescribed by a doctor certified by the Government of Nepal.
3.If an employee has to take sick leave urgently, an employee must inform his/her HOD or HR department via text message or phone call.
c) Force Leave
1. Employees will get 4 days force leave in a fiscal year.
2. Force leave will be decided based on the calendar of the respective department.
3. Employees can only take force leave by providing prior notice and approval from respective HOD or HR department. Failure to do so leave will be counted as unpaid leave.
d) Festival Leave:
4. Employees will get 2 days festival leave in a fiscal year.
5. This leave will be provided on the request of the employee.
6. Employees can only take festival leave by providing 7 days prior notice and approval from respective HOD or HR department. Failure to do so leave will be counted as unpaid leave.
e) Maternity Leave:
1.Maternity leave with full pay is granted to female employees pre-and post-pregnancy and delivery period.
2.Female employees are entitled to maternity benefit for ninety-eight days.
3.Female employees must take maternity leave minimum two weeks before the child delivery date and minimum 6 weeks after the child delivery.
4.Female employees taking maternity leave will get full salary paid for sixty days only.
5.In cases where an additional leave is required due to complications, the additional leave shall be treated as sick leave.
6.In case of stillborn or abortion of a child more than seven months the female employee will be eligible for maternity leave.

7.Male employees will be eligible for fifteen days paternity leave to take care of his wife after a child is born.
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
Only authorized person can approve the leave.
36. Planned 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.  


Article 5

Code of Conduct and Disciplinary Procedure

41.Work Discipline and Duty Bonded
It will be the duty of all employee to abide work discipline and duty in accordance to this bylaw.

42.Misdemeanor and Penalty

Employee shall be penalized for below-listed misdemeanor.
a) Leave taken without approval.
b) Leave work station without approval from the Manager.
c) Frequent tardiness without approval.
d)  Disobeying order passed by the company or senior employee in terms of office work.
e)      For carrying out any misconduct stated in this bylaw.
42.1 One day salary can be deducted from employee monthly salary for following misdemeanor
a) If an employee refuses to receive a letter or information issued by the company or authorized personnel.
b) If an employee participates in strike, riots, demonstrations or compels others to participate in strike, riots, demonstrations or if any group of employee delay daily work.
c) If an employee degrades the quality/quantity of the service/product because of carelessness and causes loss or damage to the company.
d) If an employee takes or tries to take advantage of providing false documents and information.
e) If an employee does not use the safety tools provided by the company.
f) If an employee performs similar other misdemeanors as listed in the bylaw.
42.2 Promotion for one year or salary increment can be halted forfollowing misdemeanor.
a) If an employee uses the assets of the company outside the company without taking approval from authority or provides access to the assets to an unauthorized person.
b)If an employee fraud or tries to fraud in any of the transactions of the company.
c) If an employee recklessly damages or harm the assets of the company.
d) If an employee disturbs the supply of water, food, telephone, electricity and blocks the movement of an employee in and out of the company.0
e) If an employee intentionally misuses or damage the tools kept for employee benefit, health and safety.
f) If performs similar other misdemeanors as listed in the bylaw.
42.3 An employee can be terminatedforthefollowing misdemeanor.
a) If an employee vandalizes or damages the property within the premise of the company or hostage or does any kind of physical harm by using or without using any weapon to an employee or company or customer or personnel related to the company.
b) If an employee gives or receives bribe.
c) If an employee steals any goods at work station.
d) If an employee does financial treachery.
e) If an employee intentionally damages an asset under their own custody or company.
f) If an employee does not attend office for regular thirty days without leave approval.
g) If an employee discloses the confidential information of production formula, service process, company system and special techniques with an intention to damage the company.
h)If an employee works together with other competitor companies of similar business nature or conduct similar types of business as a competitor or disclose confidential information of employed company to the competitors of similar business nature.
i) If an employee is declared felon by a court on ethical digressions and criminal ground while being employed with the company.
j) If an employee submits false educational certificates and other necessary documents required for appointment.
k) If an employee involves in drug or substance abuse during office hour.
l) If an employee is penalized against misdemeanors for more than two times as per subsection 1), 2) and 3) within three years.
m)   As per any prevailing laws of Nepal that allows to terminate an employee based on misdemeanors
43.Sexual Harassment
a) Behavior characterized by the making of unwelcome and inappropriate, sexual remarks or physical advances in the workplace, or in any other professional or social situation. Sexual harassment can either be verbal (innuendos, suggestive comments, jokes of sexual nature among others), non-verbal (posters, photos, whistling, letters, emails among other) and or physical.
b) Company can terminate such employee involved in sexual harassment.
c) If any employee from management level or employee of higher-level authority involves in sexual harassment, the victim or a family member of the victim can report such incident as per prevailing laws of Nepal
44.New Arrangement for Misdemeanor in Bylaws
a) If an employee does not abide the policy mentioned in this bylaw, the employee can be immediately terminated looking at the degree of offence or will be proceed forward as per the rule of law or as directed by the constitution of Nepal.
b) With the consent of department or group consultation, the company can arrange the policy in the bylaw to terminate an employee on committing serious nature of misdemeanor.
45.Suspension
a) If an employee is under detention such employee will be suspended from work automatically and will not be eligible for a salary within detention period.  But if an employee will be held under detention because the company filed a report against such employee when proven innocent the employee must be fully paid for the period of detention.
b) Apart from Subsection a) if an employee is proposed to penalized as per section 41.4 such employee can be suspended if found inappropriate to continue the work or possibility to damage the proof of guilt against such employee or possible chance of creating obstacles in the investigation of such case.
c) If an employee has to be suspended in accordance to subsection b) the employee can be suspended for up to three months in general. In case investigation is under process extra one-month suspension time can be extended.
d) An employee will receive half of the gross salary during the suspension period as per subsection c).
e) If an employee receives clean-chit against the claimed accusation the employee will get paid all the remaining pays after deducting the pay which has received during the suspension period. If employee was eligible for increased benefit, the employee will also get paid such amount.
f)Company can terminate an employee if an employee remains under detention for more than Ninety days except for an employee who has been under detention because the company itself filed a report against such employee. While terminating such employee it is not necessary to give chance for hearing.
g) With the consent of department or group consultation the company can arrange the policy in the bylaw to terminate an employee on committing serious nature of 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. 


Article 6

Compensation, Benefits, Perks and other services

50. Allowance and Services to member of BODs
Annual general meeting of the company will decide the allowances and services of BODs. BODs can change the allowances and services time and again.

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.
53. Income Tax and other taxes

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.   

55.Festival allowance

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.

56. Insurance

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.

59.Medical Facility

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.

61.Grade

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.

63.Parking Facility

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.


Article 7

Provident Fund, Compensation, gratuity, Bonus, Social Security Fund

64.Provident 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.

69.Gratuity
a) All the employees will be eligible for gratuity.

b)The rate of gratuity will be 8.33% of the basic remuneration.
c) Provisions relating to the deposition and payment of gratuity amount shall be as prescribed in the prevailing laws of Nepal.
d) Gratuity will be paid to an employee only upon the separation from service for any of the reasons.
70.Social Security Fund

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.
b) Company shall not register for any kind of insurance which will be accommodated in Social Security Fund.
c) Company will communicate to the contribution-based social security fund office upon the separation of an employee from service to settle the amount to be received from contribution-based social security fund office.
71.Bonus

Profit bonus will be distributed as per the prevailing law of Nepal Government.


Article 8

Use of storage facility, Logistic, Vehicle, Telephone, and other services


72.Storage Facility
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.
73.Vehicle Usage
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.
77.Media Inquiry Policy

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.

Inappropriate communications even though made on an employee's own time and resources may be grounds for corrective action up to and leading to immediate termination.
Employees may not engage with social media at times or in ways that may interfere with their workplace.


Article 9

Reserve, Layoff, discontinuity of service

79.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.


Article 10

Health, Security and Safety Policy

81.Health and Safety Policy
Company takes every responsible precaution to ensure that employees have a safe working environment. In accordance to this article following guidelines has been adopted.

82.Duties of company

In terms of work place related health & safety, company will have a below listed duties to its employee.

a) Ensure safe environment by making appropriate health and safety provisions at the workplace.
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.


Article 11

Miscellaneous

83.Confidential
Employees are not allowed to share any of the document or allow to do anything that discloses the confidentiality of the company to others without the authority of the Chairman.

84.Gift
a)
 No employee or labor working with the company are allowed to take any gift from customer of the company.
b) In case an employee has to receive the gift, such employee must disclose the reason to receive the gift to their supervisor.
85.Search and inquiry

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.

87.Report

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.


Annexure:

These are the companies which comes under SAGAR group:
1.Sagar Distribution Pvt. Ltd
2.Esteem Trade Pvt. Ltd
3.Nexus Incorporation Pvt. Ltd
4.Galaxy Link Pvt. Ltd
5.Chaitanya Wellness Spa Healing Pvt. Ltd
6.Baleyo Store Pvt. Ltd
7.Esoft Solution Pvt. Ltd
8.Galaxy Incorporation Pvt. Ltd