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1、PICSample Company PoliciesAnd ProceduresJanuary 2004Printing Industries of California5800 South Eastern Avenue, Suite. Box 910936Los Angeles, CA. 90091-0936 Cost-PIC Member Free February 3, 2004 Non-Member $300 PURPOSE OF THIS SAMPLEPrinting Industries of California (PIC) recognizes the value of wel
2、l-written company personnel policies and procedures. Over the years PIC has published sample employee handbook language covering basic employment policies. Members have used this language as a guide in creating written policies and procedures covering the companys employment practices and philosophi
3、es.This publication, like others before it, does not claim to be all-inclusive or a final product. New State and Federal laws and legal decisions will require this sample to be updated, along with the companys employee handbook, to reflect these changes. Further, each company must develop an employe
4、e handbook, which reflects the employment practices unique to the companys operation and philosophies. Consequently, a publication such as this sample must be flexible and open ended to accommodate these differences in employment practices and philosophies.In initiating or revising your company pers
5、onnel policies or employee handbook, do not hesitate to call Doug Moore, Vice President of Human Resources, for assistance.Although an effort has been made to provide sample language, which is consistent with applicable law, employers using this or other language may wish to have a labor attorney re
6、view their employee handbook before publication.PIC would like to extend a special thanks to the Employment Law Department at the law firm of Silver & Freedman. They have provided a good portion of the language contained in this sample handbook and review its contents from time to time. (EDITORS NOT
7、E: HEALTH BENEFITS FOR EMPLOYEES ON WORKERS COMPENSATION DISABILITY AND OTHER LEAVES) The California Workers Compensation Appeals Board (WCAB) has decided in Navarro v. A&A Farming that an employer whose personnel policy terminated benefits after a stated period could apply the policy to persons on
8、temporary Workers Comp disability. A&A Farming obtained its coverage from the Western Growers Trust, a California licensed MEWA, as is the PIASC, PINC and PIASD Benefit Trusts, so it is clear that the decision applies to those firms who obtain health coverage from the PIASC, PINC or PIASD Benefit Tr
9、usts. Firms that do not obtain their coverage from the Benefit Trust may probably rely on the same decision, but it is less certain. If health coverage ceases under such a policy, affected employees (in firms of two or more employees) become eligible for COBRA extension. Companies can choose to make
10、 employer payments for more or less time than the 12 weeks suggested in the sample language with the following exceptions: Companies covered by the Family and Medical Leave Act must pay for at least 12 weeks, and all companies must pay for up to 31 days for employees activated for military service.
11、The companys policy of payments should be the same for all leaves the company grants so as not to be discriminatory. TABLE OF CONTENTS PAGEIntroduction 6History of Company and Marketing Services Performed.6Foreword 6Your Industry .7Reference Checks 7 Background Checks and Consumer Reports. 7 Terms o
12、f Employment 8Employee Classification .8Independent Contractor, Agency Temp or Leased Personnel .9Employment of Relatives 9NonHarassment Policy 9Solicitation and Distribution Rule .11Equal Employment Policy .11Reasonable Accommodation for Disabilities, Pregnancy and Lactation . 12Immigration Reform
13、and Control Act 一三Off-Duty Employees .一三Conflict of Interest .一三 Off Duty Conduct.一三 Personal Involvement .14Appearance and Courtesy .14Advancing With the Company 14Performance Evaluations 14Promotions .14Open Door Policy .14Rumors .一五Customer Property 一五Confidentiality and Non-Disclosure .一五Company
14、 Equipment Monitoring, Access and Inspection. 16 Voice Mail, E-mail & Computer Files .16Hours of Work Workweek 17 Excessive Tardiness/Absenteeism 一八Working Conditions .一八Pay Day .一八Hours of Work 一八Time Records.一八 Overtime Authorization and Requirement .19Holiday Pay 19 Vacation Pay .19Sick Leave Pay
15、 .20Overtime Pay .21Reporting Time Pay 22Uniforms .22Meal Period.22 Break Periods 23Insurance Programs (Required by Law) .23Workers Compensation . 23Workers Compensation Fraud .23State Disability Insurance .23Paid Family Leave Insurance24State Unemployment Insurance .24Federal Social Security 24Prof
16、it Sharing, 401 k or Pension Plan.25Company Health/Life Insurance .25Employee Purchases 25Time Off To Vote 25Jury Duty Time Off. 25Judicial Leaves25 Court Appearances.25 Domestic Violence or Sexual Assault.26 Victims of Crime26Bereavement Time Off 26School Activities Time Off .27Literacy Education T
17、ime Off.27Leaves of Absence 27 Compensation and Benefits Accruals While on Leave of Absence27 Non-Retaliation 28 Personal (Non-Industrial) Leave of Absence .28 Family and Medical Care Leave of Absence .29Pregnancy/Childbirth Leave of Absence 30Industrial Medical Leave of Absence .31Military Leave of
18、 Absence .32Physical Examinations Following A Leave. 33 Personal Loans .34Personal Mail and/or Telephone Calls 34Bulletin Board 34Good Housekeeping 34Radios In Work Areas 34Keep Your Record Up To Date .34Request For Payroll Records 35Health Insurance portability and Accountability Act (HIPAA).35Pers
19、onnel Records .35Loss of Company Property 35Company Work Rules 36Your Safety .37Hazardous Substance Training 37Injury and Illness Prevention Program 37Smoking Restriction 37Workplace Security Policy .37 Safe Operation of Vehicles. 38Standards of Conduct .39Company Safety Rules 40Life Threatening Dis
20、eases. 42Blood-borne Pathogens .43Reporting On the Job Injuries or Illnesses .43Emergency Medical Service 43First Aid .43Fire Extinguishers 44Employee Handbook Revisions 44Receipt and Acknowledgement for Employee Handbook 44INTRODUCTIONThis is your employee handbook. It was prepared for you to help
21、you better understand what you can generally expect from . This handbook replaces any and all earlier personnel or employee handbooks, policies and procedures, benefit statements, and memoranda, whether written, oral or established by practice.The information in this handbook is important to all of
22、our employees. Read the manual now and keep it in a convenient place. You will want to refer to your handbook when you have questions about company policies and benefits.Naturally, you wont find answers to all your questions in the handbook. It is neither a law book nor a catalog of personnel polici
23、es. In preparing this handbook, we have not tried to give you the minute details of each policy. Instead, we have attempted to present a summary of some of the more important policies. No written statement, no matter how complete, can be a substitute for direct daily contact with your immediate supe
24、rvisor.Throughout your handbook, you will be urged to check with your supervisor or for complete information on employee policies and benefits. This advice is continually repeated because its importance cant be overemphasized.If your supervisor or doesnt have an immediate response to your question,
25、he or she will get the information you seek and pass it along to you promptly.Circumstances will obviously require that the policies, practices and benefits described in the handbook change from time to time. The company reserves the right to amend, modify, rescind, delete, supplement or add to the
26、provisions of this handbook as it deems appropriate from time to time in its sole and absolute discretion. However, no amendment or modification of the “Terms of Employment” provisions of this handbook shall be effective unless made in writing, and signed by the President of the company. The company
27、 will attempt to provide you with notification of any other changes as they occur.HISTORY OF COMPANY AND MARKETING SERVICES PERFORMEDFOREWORDOur employee handbook is a tool to help promote a cooperative and healthy atmosphere, to spell out policies relative to hours, wages, conditions of employment
28、and to provide for the administration of these policies in the interests of all concerned, in keeping with conditions in our area and industry.We are presenting this employee handbook because we feel that if you understand basically what is expected of you, and what you may expect of the company, we
29、 shall have an organization which better meets the needs of our customers.The statements as set forth in this book have not been arbitrarily established. Each of them has a sound background of common sense based on the experiences of this company. Employees have suggested many and we will further we
30、lcome suggestions from you that will aid in maintaining a constructive and harmonious relationship.Our single most common goal must be to work together to meet the needs of our customers, remembering our customers are mutually our most important asset.YOUR INDUSTRYThe printing industry is one of the
31、 largest and most important manufacturing industries in the United States. It is closely related to every other industry. In its production it borrows from agriculture, the extractive industries, and the machinery, electrical, and computer industries; in its distribution it utilizes the modern agenc
32、ies of advertising, communication and transportation; in its usefulness it is the service industry of all.California has grown into the number one print-producing industry in the nation. The printing industry, in fact, is the largest manufacturing sector in California in number of firms. When the al
33、lied industries of commercial printing, publishing, reprographics and various specialty printing were added together in 2001, they produced billion in the states economy and employed 111, 356 people.Despite the fact that it is classified as a trade in the minds of many people, printing is one of the
34、 arts. It is a branch of the Graphic Arts field and as such is the means of preservation of all the other arts known to humanity.REFERENCE CHECKSTo ensure that individuals joining the Company are qualified and have the potential to be productive and successful, the Company will check the employment
35、references of all applicants. Every offer of employment is contingent upon the appropriate completion of a reference check.No references will be given concerning any present or past employee of the company unless the Company has received a written request for such a reference. Only _ may respond to
36、a request for a reference. Such response will only confirm the dates of employment and position held, and will be in writing. If an employee has given written authorization, the Company will also provide information on the amount of salary or wages earned by the employee.BACKGROUND CHECKS AND CONSUM
37、ER REPORTSThe company may require your consent to obtain a consumer report in connection with your initial application for employment, your application for a new postion in the Company, or an investigation into possible wrongful conduct by you. A consumer report may contain information regarding you
38、r credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. The company will use this information for employment purposes only. Refusal to authorize the obtaining of a consumer report by the Company may be a basis for denial of e
39、mployment or other adverse employment action. The content of the consumer report may also be the basis for denial of employment, denial of a particular job position, or other adverse employment action. You will be advised if the Company elects to take adverse employment actions against you based in
40、whole or in part on a consumer report.Unless you are suspected of wrongdoing, before requesting the consumer report, the Company will notify you of its intent to make the request. The Company will provide you with the name and address of every credit-reporting agency from which the Company may obtai
41、n the consumer report. If you specifically request a copy, within three days of the Company receipt of the report, you will be provided with a copy free of charge.TERMS OF EMPLOYMENTDespite any disciplinary procedures or company rules, standards of conduct or regulations, your employment is “at will
42、” which means “the relationship between employer and employee may be terminated by either party unilaterally at any time, with or without notice, for any reason, or for no reason at all”. This handbook contains the entire agreement between you and the company as to the duration of employment and the
43、 circumstances under which employment may be terminated. Further, the company can demote, transfer, suspend or otherwise discipline an employee in its sole and absolute discretion. Nothing in this handbook, or any other personnel document, including benefit plan descriptions, creates or is intended
44、to create a promise or representation of continued employment, or for continued or indefinite employment at a specific position or rate of pay. Only the President of the company has any authority to enter into any agreement contrary to the “Terms of Employment” stated in this policy, and such an agr
45、eement would have to be in writing and signed by the President. EMPLOYEE CLASSIFICATIONSYou will be advised of your employee classification at the time of hire, promotion, transfer, or if any other change in your position with the company occurs. Since all employees are hired for an unspecified dura
46、tion, assignment to any of these classifications does not guarantee employment for any specific length of time. Regardless of classification, employment is at the mutual consent of you and the company. Accordingly, either you or the company can terminate the employment relationship at will, at any t
47、ime, with or without notice.Full -Time Employees - are those normally scheduled for 40 hours of work per week.Part - Time Employees - are those normally scheduled to work less than 40 hours of work per week. Part-time employees are not eligible for company fringe benefits available to full-time empl
48、oyees. Casual Employees - are those who are hired on that basis and work for a special job and/or period of time. Such employees are not eligible for company fringe benefits available to full-time employees.Non-Exempt Employees - Those employees who are subject to the provisions of federal and state
49、 law requiring the payment of overtime are considered to be non-exempt.Exempt Employees - Those employees who are not subject to the provisions of federal and state law requiring the payment of overtime are considered exempt. Exempt employees, in our industry, normally include professional, executiv
50、e, administrative and certain outside sales personnel. INDEPENDENT CONTRACTOR, AGENCY TEMP OR LEASED PERSONNEL An independent contractor, agency temp or leased individual is any person who is classified by the company as such, as evidenced by the companys failure to withhold taxes from their compens
51、ation. Independent contractors, agency temps or leased employees are not employees of the company. Even if the person is later reclassified by an action of a court or administrative agency as an employee of the company, he or she is not eligible for any retroactive company sponsored benefits.EMPLOYM
52、ENT OF RELATIVESOur company permits employment of relatives. However, the employment of relatives in the same department can create a conflict of interest. Therefore, immediate family members (see definition below) should not work in the same department for the same supervisor, or for a supervisor w
53、ho is an immediate family member. Working in the same department for a different supervisor is permitted.Immediate family members include spouse, in-laws, step relatives, domestic partner, parent, child or stepchild, sister or brother.NON-HARASSMENT POLICYHarassment in employment, including sexual,
54、racial, and ethnic harassment, as well as any other harassment forbidden by law, is strictly prohibited by the Company. Employees who violate this policy are subject to discipline, including possible termination.Racial, ethnic and other forms of prohibited harassment include, but is not limited to:V
55、isual conduct, including displaying of derogatory objects or pictures, cartoons, or posters;Verbal conduct, including making or using derogatory comments, epithets, slurs, and jokes;In addition, sexual harassment is defined by the regulations of the Fair Employment and Housing Commission as unwanted
56、 sexual advances, or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes gender harassment and harassment on the basis of pregnancy, childbirth, or related medical conditions, and also includes sexual harassment of an employee of the same gender as the harasser. This in
57、cludes, but is not limited to, the following types of offensive behavior:Unwanted sexual advances;Offering employment benefits in exchange for sexual favors;Making or threatening reprisals after a negative response to sexual advances;Visual conduct, including leering, making sexual gestures, display
58、ing of sexually suggestive objects or pictures, cartoons, or posters;Verbal conduct, including making or using derogatory comments, epithets, slurs, and jokes;Verbal sexual advances or propositions;Verbal abuse of a sexual nature, graphic verbal commentaries about an individuals body, sexually degra
59、ding words used to describe an individual, suggestive or obscene letters, notes, or invitations;Physical conduct, including touching, assault, impeding or blocking movements.Examples of sexual harassment include (a) an employee being fired or denied a job or an employment benefit because the employe
60、e refused to grant sexual favors or because he or she complained about the harassment; (b) an employee reasonably quitting his or her job to escape harassment; or (c) an employee being exposed to a hostile work environment.The Company will take all reasonable steps to prevent harassment from occurri
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