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COLLECTIVE BARGAINING AGREEMENT This COLLECTIVE BARGAINING AGREEMENT (the “Agreement”) entered into by and between: MEAD JOHNSON NUTRITION (PHILIPPINES), INC., a domestic corporation duly organized and existing in accordance with the laws of the Philippines, its successors and assigns, represented by Paul A. Richards, President and General Manager, with principal office at 2309 Don Chino Roces Avenue, Makati City, hereinafter referred to as the “Company”; and MALAYANG SAMAHAN NG MGA MANGGAGAWA SA MEAD JOHNSON NUTRITION – (DRUG FOOD AND ALLIED WORKERS FEDERATION) DFA, a labor organization duly registered with the Department of Labor, its Officers and Directors, hereinafter referred to as the “Union”, and on behalf of the employees covered by this Agreement: WITNESSETH, That WHEREAS, the Union has shown to the satisfaction of the Company that it represents the majority of the employees and workers within the appropriate bargaining units defined in Article II, Section 1 of this Agreement; WHEREAS, it is the general purpose and intent of both the Company and the Union to promote, realize and enhance peaceful, harmonious and stable industrial and economic relations between them by establishing a basis of agreement concerning salaries or wages, hours of work and working conditions, by providing means for the amicable resolution of disputes and grievances, and through these, achieve uninterrupted business operations and assure cooperation between the Company and the employees. The Company and the Union mutually agree that they shall exercise utmost good faith and goodwill in their relations at all levels to ensure the achievement of these purposes. NOW, THEREFORE, for and in consideration of the premises, covenants, stipulations and conditions herein contained, the parties hereto have agreed, the one with the other, as follows: ARTICLE I RECOGNITION Section 1. The Company recognizes the Union as the sole and exclusive bargaining agent of employees covered by the appropriate bargaining units herein agreed, composed of permanent and regular rank-and-file employees, whose job titles or positions are enumerated in Article II, Section 1 of this Agreement. The term "employees" shall not include employees who, by reason of the status of their employment or nature of their positions, are excluded either because they have no 2011-2013 Collective Bargaining Agreement page 2 common or mutual interest with the employees covered by the herein agreed appropriate bargaining units or the law or industrial practice requires their exclusion. ARTICLE II SCOPE OF THE BARGAINING UNITS Section 1. The Company and the Union mutually agree that for the purpose of collective bargaining, employees with common or mutual interest should be grouped into appropriate bargaining units; accordingly, the Company and the Union hereby agree that there will be two (2) appropriate bargaining units namely: A. Bargaining Unit I: Field-based Personnel composed of regular and permanent rank-and-file employees whose job titles are as follows: Territory Manager Key Account Manager Distributor Specialist Sales Force Effectiveness Clerk Promotional Helper Sample Control Clerk Encoder B. Bargaining Unit II: Non-field-based Personnel composed of all regular and permanent rank-and-file employees whose job titles are as follows: 1. Production Utilityman Production Worker Team/Group Leader Operations Technician I (all jobs in this category under the SEP) Operations Technician II (all jobs in this category under the SEP) Operations Technician III (all jobs in this category under the SEP) Asst. Production Technician Production Technician Machine Operator Leadman Production Clerk 2. Engineering Engineering Clerk Maintenance Storekeeper Maintenance Carpenter Electrician Jr. Plant Mechanic Sr. Plant Mechanic Plant Maintenance Technician Equipment Tender Draftsman Maintenance Helper Operations Technician I (all jobs in this category under the SEP) Operations Technician II (all jobs in this category under the SEP) Operations Technician III (all jobs in this category under the SEP) 3. Quality Assurance/Quality Control Laboratory Helper QC Jr. Analyst QC Microbiologist 2011-2013 Collective Bargaining Agreement page 3 QA Inspector Operations Technician I (all jobs in this category under the SEP) Operations Technician II (all jobs in this category under the SEP) Operations Technician III (all jobs in this category under the SEP) Laboratory Officer 1 4. Warehouse/PSG Warehouseman Receiving Clerk Forklift Operator Driver Delivery Helper Section-in-Charge Dispensing Aide Operations Technician Team Leader/Process Leader Warehouse Helper Operations Technician I (all jobs in this category under the SEP) Operations Technician II (all jobs in this category under the SEP) Operations Technician III (all jobs in this category under the SEP) Inventory Management Officer 5. Finance, Human Resources, Purchasing, Production Control & General Administration Accounting/Finance Clerk Payroll Clerk Timekeeper Messenger Buyer Inventory Control Clerk Data Encoder Billing Clerk Administrative Clerk Driver Operations Methods Clerk 6. Information Management Computer Operator/Librarian Database Assistant Programmer Data Control Clerk Section 2. The following employees from both the Field and Non-field units are excluded from the scope of the bargaining units: Officers, Directors, and Executives Managers, District Managers, Supervisors, Assistant Supervisors, Foremen and Foreladies Members of the Management Staff: o Secretary, Sr. Secretary, Executive Secretary, and Secretary to the General Manager o Staff Accountant o General Accountant o Cashier o Company Nurse o Personnel Assistant o Administrative Assistant 2011-2013 Collective Bargaining Agreement page 4 o Procurement Officer o Field Trainer o Time Study/Industrial Engineer o Marketing Analyst o Sr. QC Analyst o Sr. QC Inspector o Production Control Inspector o PPIC Analyst o Import/Export Coordinator o Dispensing Pharmacist o Assistant Dispensing Pharmacist o Technical Services Assistant o Nightwatchman/Nightwatchmen Inspector o Project Coordinator o Nutritionist o Telephone Operator o Customer Focus Officer o Customer Focus Associate o Training Specialist o Sales Support Services Assistant o Brand Assistant o Systems Analyst o Assistant Production Coordinator o Account Officer o Administrative Assistant o Business Analyst o Business Information Analyst o Business Process Systems Analyst o Category Management Specialist o Clinical Site Monitor o CME Projects Officer o Cost Analyst o CRM Program Specialist o CRM Training & Quality Officer o Distribution Business Systems Officer o Distribution Analyst o Enterprise Systems Developer o Field Training Specialist o Financial Analyst o Finite Scheduler o Inbound Escalation Officer o Jr. Product Technology Officer o Medical Sales Coordinator o Medical Sales Information Officer o Merchandising Officer o MRP Supply Planner o Operator & Helpdesk Officer o Planning Assistant o Plant Quality Officer o R&D Product Development Scientist o Product Technologist o Production Services Officer o Project Coordinator 2011-2013 Collective Bargaining Agreement page 5 o Purchasing Officer o QA Officer o Quality Technical Assistant o R&D Product Development Assistant o Sr. Planning Officer o Sr. Site Monitor o Supply Planner o Technical Administrative Assistant o Technical Support Officer Casual, contractual or temporary employees Probationary employees Trainees Section 3. All employees who are included in the scope of the bargaining units as above defined shall, upon promotion or transfer to a position outside of the scope of any of the bargaining units, be automatically disqualified from Union membership and removed from the scope of the appropriate bargaining units, provided that notice of their promotion shall be given to the Union within ten (10) days from the date of promotion. Section 4. The Company shall not, during the duration of this Agreement, upgrade/create positions that will result into the exclusion of positions from the scope of the bargaining unit without notice and information to the Union. Such notice shall be served at least seven (7) days prior to implementation of the decision to upgrade/create positions. Within the 7 day notice period, the company and the union shall hold a meeting to discuss the subject newly upgraded or created position as defined above using the agreed upon classification process. Pending the decision to implement the newly upgraded or created position, the company shall continue deducting union dues from the concerned employee and allow him/her to participate in union activities. Section 5. Should the Company decide to contract out a significant item of work where such contracting out will affect members of the Union, the Company shall notify the Union, in writing, of such decision at least seven (7) days prior to effective date. ARTICLE III UNION SECURITY Section 1. All present employees covered by this Agreement, who are now members of the Union must, as a condition of continued employment, remain members of the Union in good standing during the life of this Agreement, subject only to a freedom period that shall occur 60-days prior to the expiry of the representation status stipulated in this agreement, more specifically on November 01, 2013. Section 2. Employees to be hired after the date hereof whose positions are covered by this Agreement must, as a condition of continued employment, join the Union within 30 days after date of regularization in the Company and remain members of the Union for the duration of the agreed effectivity of the representation status, subject to the freedom period stipulated under Section 1 hereof. Section 3. All employees covered by this Article shall file with the Company within 15 days from regularization the Check-Off Authorization mentioned in Section 16 hereof. Section 4. The Company shall furnish the Union the following information on newly-hired rank-and-file employees: 2011-2013 Collective Bargaining Agreement page 6 a. Name b. Position c. Dates of Hiring and potential regularization d. Place of initial and subsequent assignments, if field personnel e. Home address The Company shall also furnish the Union the names of Union members who are retrenched, resigned or retired. Section 5. Subject to the conditions of Section 1 hereof, the Company may terminate the services of an employee when so requested by the Union, and only for the following reasons: a. Resignation by the employee from the Union for any cause except as provided in Section 1 hereof; or b. Expulsion of the employee from the Union for non-payment of union dues; c. Joining, forming or working for another labor organization; d. Violation of the Union's Constitution and By-Laws. Section 6. The Company reserves the right to inquire into the circumstances surrounding the request of the Union to terminate the services of an employee in accordance with Article III, Section 5 of this Agreement. Provided that termination under Article III, Section 5 shall be considered for cause after the Company has investigated and convinced itself that the employee concerned was afforded due process of law. Section 7. The Company and the Union shall jointly comply with all laws, rules and regulations required to implement the provisions of Article III, Sections 1 to 5 of this Agreement unless authorized by the appropriate governmental agency, where such prior authorization is required. Section 8. Whenever there is a reduction in the working force within any employee classification due to chronic reduction in demand, continuing losses in operation, frequent unavailability of materials and government controls, or for any legitimate business reason, casual and probationary employees shall be laid off first. If there is a need for further reduction, the factors to be considered in determining which employees should be laid off shall be as follows: a. Ability to perform work satisfactorily; b. Physical and educational qualification to perform the work; c. Seniority in the Company. However, only where factors (a) and (b) are relatively equal shall factor (c) govern except in cases of termination of employment on the ground of automation or redundancy, in which case, seniority shall be given a heavy weight or consideration. For purposes of flexibility, the process of implementation shall be left to the Company’s evaluation. Section 9. In case of plant shutdown brought about by plant expansion and/or installation of labor-saving device, the Company shall look after the welfare of the affected employees and where possible, utilize the services of those employees in other areas of work or operations, giving preferential consideration to those who have no more vacation leave to their credit. 2011-2013 Collective Bargaining Agreement page 7 Section 10. In the spirit of recognizing the contribution of employees who have died, retired, or were disabled, the Company shall give preferential consideration to the spouse, child, brother or sister of a deceased, retired or disabled employee in filling up a vacancy that will be filled through hiring from outside the Company, provided such kin meets the minimum requirements for the position and passes the screening procedures and evaluation. For this purpose, appropriate notice of vacancy shall be given to the family of the employee copy furnished the Union. In cases involving a retiring employee, his nearest-of-kin replacement may be hired by the Company six (6) months prior to the employee's retirement, provided there is a need to fill up from outside the position to be vacated or there is another existing vacancy that need to be filled up from the outside. In both instances, the nearest-of-kin must meet the minimum requirements for the position and pass the screening and evaluation procedures. Section 11. In case of termination of employment that may be effected by the Company as a result of the installation of labor saving devices, automation, or redundancy, or in cases of termination of employment due to retrenchment to prevent losses, closure or cessation of business, the Company shall pay the employee a severance pay equivalent to at least 1.5 months pay for every year of service. Where the retrenchment or closure of business is due to financial reverses or business losses, the severance pay shall be equivalent to at least one month pay for every year of service. For purposes of computing the severance benefit, a fraction of at least six (6) months of service shall be considered one year. The SL/VL component of the separation pay shall be treated in accordance with the current and existing guidelines of the BIR. Employees retrenched under this Section shall continue to be covered by the Company's in-patient medical program at Company's expense for a period of six (6) months from the date of their retrenchment, excluding their dependents. They may opt to be covered for a longer period of time (up to a maximum of ten (10) years) but any coverage in excess of six (6) months shall be for the account of the employee, the pre-payment for which shall be deducted in advance from his retrenchment pay. Section 12. In case of termination of employment by reason of illness or disability as allowed and authorized by law, the Company shall pay a severance pay equivalent to 1.5 months pay per year of service. As agreed upon by the parties, the Company may effect a termination of employment by reason of illness under any or a combination of the following circumstances: a. Recurring illness of long duration which will require lengthy absence of the employee. b. Disabling injuries with permanent or lasting effects, that will totally incapacitate or seriously impair the employees capacity to perform work in accordance with the standard set by the Company. c. Disease of contagious nature that will make worse the employee's condition or prejudice the health of other people when the employee is allowed to continue working. d. In case of PTB duly certified by the Company Physician whose determination shall be final and incontestable, subject to the applicable provisions of Article XII. Except as provided for in the following paragraph, employees terminated under this Section shall continue to receive the annual Christmas food package for employees for a maximum of five (5) years from the date of their termination. They shall also be allowed 2011-2013 Collective Bargaining Agreement page 8 the EDO privilege in buying Company products for their own personal use for as long as the EDO privilege is granted by the Company to its employees. No benefits under this section shall accrue to the terminated employee if the disease, illness or injury which incapacitated him/her was contracted or brought about as a result of willful act, negligence, deliberate exposure to exceptional danger (except in an attempt to save human life or Company property) or from the employee's own criminal, immoral act or vicious habits. Section 13. Should the Company transfer its plant or office in the future, the Company shall respect its employment responsibilities to the concerned employees, with due regard to applicable laws. Section 14. The Company shall deduct from the employee's monthly salary and remit to the Union and/or officer duly designated by the Executive Board of the Union all membership dues and other assessments from the employees as authorized by the individual check-off authorization submitted by the employee. All deductions required by law and other obligations of the employee to the Company shall have priority over deductions of Union dues and other assessments. The Company agrees to transmit Union deductions for Union dues, fines and other assessments within one (1) week following the week of deductions but shall not be held liable to the Union or to its members for its inadvertent failure to deduct dues and other assessments. Section 15. The Union, its officers and members shall answer for any and all claims which may be brought or instituted against the Company by an employee for any amount deducted from his salaries or wages as herein provided after the sum shall have been turned over to the Union. Section 16. The Check-Off Authorization shall more or less be of the following format: CHECK-OFF AUTHORIZATION The Director, Human Resources Mead Johnson Nutrition (Philippines), Inc. 2309 Don Chino Roces Avenue Makati City Sir: I hereby notify the Company of my membership with the Malayang Samahan ng mga Manggagawa sa Mead Johnson Nutrition – DFA and authorize your Payroll Section to deduct from my monthly salary the following Union dues and assessments and remit the same to Malayang Samahan ng mga Manggagawa sa Mead Johnson Nutrition – DFA: 1. P6.00 – Union Education and Research Fund 2. 1% of my monthly basic salary as Union dues I further agree to abide by any assessment or fine that may be imposed in the future by the Union Board as expressed in Board resolution approved in general membership meeting and ratified by the majority of the general membership, copy of which is submitted to the Company. I have carefully read the Union Constitution and By-Laws and I am fully aware that I have the duty to attend the monthly Union meeting and Union Educational Seminar and that the Executive Board has the right to 2011-2013 Collective Bargaining Agreement page 9 deprive me of my Union membership in good standing for failure to attend Union meetings, Union educational seminar and for other violations of the Union Constitution and By-Laws with the consequent withdrawal of all Union benefits. I have read and fully understood Article III, Sections 1 to 5 on UNION SECURITY of the Collective Bargaining Agreement between Mead Johnson Nutrition (Philippines), Inc. and the Malayang Samahan ng mga Manggagawa sa Mead Johnson Nutrition – DFA and I hereby agree that the Company shall terminate my employment upon request of the UNION for non-payment of UNION dues, fines and other assessments. I hereby relieve the Company from any and all liabilities for terminating my employment pursuant to Article III, Sections 1 to 5 of the Collective Bargaining Agreement. I further agree that this check-off shall retroact on [date]. _________________________ Signature over printed name ____________________ Department-Position Section 17. Pursuant to Article 248 (e) of the Labor Code, the Company shall check-off from non-union members, if any, as referred to under Article III, Section 2 of this Agreement, within the agreed collective bargaining units the same reasonable fees normally paid by the Union members without need for individual check-off authorization. Section 18. The Company shall provide a slot/line for the Union in the employee's clearance form. It is, however, understood that the Company shall have nothing to do with the collection or settlement of any accountability an employee may have with the Union and the failure of the employee to settle or pay his Union accountability shall not bar or prevent the Company from issuing any clearance. ARTICLE IV MANAGEMENT PREROGATIVES Section 1. The Union recognizes the exclusive right of the Company to supervise, manage and conduct its business operations including, but not limited to, the direction of the working force; hiring, rehiring; work and/or area assignment; transfer, promotion, demotion, laying off; recalling, suspension, dismissal, discharge and disciplining of employees; the determination of the number of employees; determination of incentives, bonuses, salary and salary ranges in any department; determination of work shift; job analysis, job evaluation, job classification and merit ratings; the choice of the method of performing work or doing business; the right to make job assignments; to assign, increase and decrease duties of any position; the determination of the number and enforcement of working schedules, including the right to place the Company on a continuous operation schedule; the establishment and use of personnel testing, selection and placement procedures; the establishment, implementation and revisions of reasonable and just Company policies, rules and regulations, including safety rules; work to be subcontracted/outsourced or the activities to be conducted in the Company; the determination of the required jobs within the Company and the determination of reasonable levels of productivity and standards of efficiency. It is further understood and agreed that all rights, powers or authority possessed by the Company prior to the signing 2011-2013 Collective Bargaining Agreement page 10 of the agreement shall be retained by the Company, except insofar as such rights, powers or authority are herein expressly modified by the terms of this agreement and of the provisions of the Labor Code. Section 2. In the exercise of its management functions, the Company shall not use its exclusive right for the purpose of discriminating against any employee; provided further that any employee who is aggrieved of the decision of the Company in the exercise of its management prerogatives may avail himself of the grievance machinery as provided in this Agreement. ARTICLE V UNION RESPONSIBILITY Section 1. The Union agrees that it shall cooperate with the Company and support all the latter’s efforts to secure a full day's work from all employees whom the Union represents and that it will explicitly not encourage, initiate, support or ratify any and all forms of absenteeism and other practices which curtail production, and will support the Company in all its efforts to eliminate waste and efficiency to improve the quality of work, to prevent accidents and to promote goodwill between the Company and the employees. Section 2. The Union expressly recognizes that high level of wages can be achieved only by maintaining a high level of productivity and profitability. The Union and its members will cooperate in attaining such a high level of productivity and profitability as is consistent with the health and welfare of the employees. The Union and its members will seek to assist in the utilization of improved methods and machinery through the usual Company corporate structure. Section 3. The Union, cognizant of the confidence indispensable between the Company and its employees, agrees to hold as confidential and proprietary any and all official and business matters acquired by its members during their employment. Section 4. The Union agrees that its members shall not unreasonably absent themselves in concert or in groups, thereby preventing normal production. The Union further agrees that its members will work at any and all times where the Company reasonably assigns them, and that their allegiance to their jobs/positions and obligations to the Company on account of their employment shall take priority over all ordinary obligations. Section 5. The Union agrees that it will not publish or circulate any false or misleading remarks, innuendoes, half truths or rumors about the Company, its products, its officers or other personnel. ARTICLE VI SALARIES, WAGES, RICE SUBSIDY AND INCENTIVE COMPENSATION Section 1. The Company shall grant a general salary or wage increase to all employees within the bargaining units on the dates and amounts specified following the Pay-for-Performance scheme, thus: For Previous Period Covered Lump Sum Fixed Pay P4P Year’s (in lieu of salary Performance increase) (Payout Day) 2011-2013 Collective Bargaining Agreement page 11 Year 1: 2011 P120,000 Not Not January 2011 + P20,000 for Applicable Applicable those who exceed 2010 SGOA and Medical Sales metrics Year 2: 2012 Not Applicable P3,000 P600 @ January 1, 2012 (Jan. 1 – Dec. 31) Fully Performing Year 3: 2013 Not Applicable P3,100 P600 @ January 1, 2013 (Jan. 1 – Dec. 31) Fully Performing In the event of any legislated wage increase, the Company and the Union shall first discuss and review its applicability and/or implementation. Section 2. In determining variable pay, the following parameters shall be observed: The variable pay of P600 @ FP will be split as follows: 20% Total Company Sales 80% Individual/Team Performance The P4P component shall be computed based on the following metrics: Metric 2012 Total 2013 Total Total Company P120 (Co. + Ind./Team) P120 (Co. + Ind./Team) Sales Individual/Team BP - P180 P300 BP - P180 P300 Performance FP - P480 P600 FP - P480 P600 Exceeds - P600 P720 Exceeds - P600 P720 Performance Medical Sales SGOA (Supply Chain) Base Performance (BP) 95% - 99.99% 95% - 96.99% Fully Performing (FP) 100% - 105.99% 97% - 98.99% Exceeds 106% and up 99% and up Examples: (to compute for P4P) a. If Company meets Total Company Sales target (P120) and Individual/Team Performance meets Base Performance (P180), P4P is P300. b. If Company does not meet Total Sales target (P0) but Individual/Team Performance is Fully Performing (P480), P4P is P480. Section 3. The 2011 Total Company Sales and SGOA (for Plant/Non-field) and the 2011 Total Company Sales and Individual Performance (for Medical Sales) shall be the basis for determining the variable pay to be given effective 1 January 2012. Similarly, the 2012 Total Company Sales and SGOA (for Plant/Non-field) as well as the 2012 Total Company Sales and Individual Performance (for Medical Sales) shall be the basis for determining the salary increases to be given effective 1 January 2013. 2011-2013 Collective Bargaining Agreement page 12 Section 4. The Company shall also provide all covered employees a monthly rice subsidy to be paid as follows: P1,760 effective January 01, 2011 P1,800 effective January 01, 2012 P1,860 effective January 01, 2013 Payment shall be made via the employees’ payroll. The Company shall shoulder the tax, if any, that may be imposed upon such subsidy. Section 5. Unless otherwise exempted by laws, decrees, or orders to comply, or when the Company suffers business losses, the Company shall implement laws, decrees or orders that may be issued by the government on COLA or other form of allowances without regard to the salary ceiling that may be prescribed by such laws, decrees or orders. Section 6. In determining the daily rate of an employee, the Company shall continue to use 250 days as divisor, e.g., Monthly Salary x 12 250 days with the confirmation and acknowledgement on the part of the Union that Holiday Pay is included in the monthly salary of the employees, irrespective of the number of divisor that now (250 days) or hereinafter may be devised and adopted by the Company for the welfare and betterment of the employees. The Company and the Union further confirm and acknowledge that the adoption of a certain divisor is done merely to establish a factor for computation of certain benefits and/or deduction and such divisor has no bearing or significance in the determination of whether or not certain payment, like Holiday Pay, is included in the monthly pay of employees. Section 7. The regularization rate of an employee who is regularized subsequent to any CBA wage adjustment given in 2012 and 2013 shall be based on the average fixed CBA increase for two years (2012 and 2013), pro-rated to said employee’s date of hire provided that such increase shall in no case be less than the equivalent of 33.33% of the average fixed CBA increase for 2 years. For 2011, the regularization pay shall be based on the lump sum of P120,000 pro-rated based on the employee’s regularization date, provided that such amount shall in no case be less than the equivalent of 33.33% of P120,000 or P40,000. Section 8. The Company shall continue to pay all sales and field personnel an incentive bonus computed on the basis of performance. The Company commits that the said program shall be periodically reviewed for the purpose of upgrading it. Section 9. The Company shall continue the implementation of the Production Incentive Program for non-field personnel to recognize and reward exemplary performance and individual contribution to the successful attainment of the Company's objectives and goals. The Company commits to review said program periodically. Section 10. The spirit and intent of the scheme mentioned in Sections 8 and 9 hereof are to encourage and reward not only outstanding but also exemplary individual or group performance and productivity which have undeniably salutary effects on the attainment of the Company's goals and objectives. These programs are not designed for employees whose performance barely meets the pre-established minimum acceptable levels. 2011-2013 Collective Bargaining Agreement page 13 ARTICLE VII TH 13 MONTH PAY, CHRISTMAS BONUS (14TH MONTH) AND MID-YEAR BONUS (15TH MONTH) Section 1. The Company shall, in addition to the 13th month pay, grant Christmas Bonus or 14th month pay of at least one month’s basic pay to all covered employees; such payment shall be made in the month of December every year. The 13 th and 14th months pay shall be paid on a pro-rata basis in the case of regular employees whose services are less than one year. Section 2. The Company shall also pay a Mid-Year bonus or 15th month pay of one month’s basic pay to all covered employees; such payment shall be made in the month of May every year. Section 3. In case of separation from service, the Company shall pay on a pro-rata basis the following benefits a. 13th month pay - in all cases of separation from the Company after at least one month of service. b. 14th month pay - in case of separation from the Company brought about by resignation, death, disability, retrenchment or retirement, provided that in case of resignation the employee must have served the Company for at least one(1) year. c. Mid-year bonus or 15th month pay - in case of resignation from the Company after at least one year of service, provided that the divisor 12 shall be used in computing the proportionate amount. Section 4. In keeping with the spirit of Christmas, where the Company would like to ensure that the employees’ families will have a meaningful noche buena celebration, the Company will grant a Christmas package valued as follows (inclusive of VAT): P4,400 for 2011; P4,600 for 2012; and P4,800 for 2013. ARTICLE VIII OVERTIME, DAY-OFF, REST DAY, REGULAR/SPECIAL HOLIDAY AND NIGHT DIFFERENTIAL PAY Section 1. For purpose of this Article and subject to the provisions of ARTICLE 82 of the Labor Code, the following terms are defined herein below: a. Regular Work Days - Five (5) consecutive working days from Monday to Friday at eight (8) hours each day. b. Day-Off - The sixth day, which is Saturday. c. Rest day - The seventh day, which is Sunday. d. "Straight Time Basis" - shall mean hour actually worked which may be more or less than eight (8) hours. e. Night-Time - from six o'clock in the evening to six in the morning. f. Overtime - work performed in excess of eight (8) hours on a regular work day or on a Regular or Special Public Holiday, or on a Scheduled Rest Day which may fall on a Regular or Special Holiday. Section 2. The Company shall pay additional compensation for overtime work and work actually performed on a Day-Off, Rest Day, Holiday and Rest Days which coincide with a holiday in accordance with the following formulas: A. Regular Day Overtime Compensation 2011-2013 Collective Bargaining Agreement page 14 First eight (8) hours worked beyond the regular shift: regular basic hourly rate plus 50% or 1.5 Next eight (8) hours: 1.5 plus 75% or 2.625 B. Day-Off Compensation First eight (8) hours: regular basic hourly rate plus 50% 1.5 In excess of eight (8) hours: 1.5 plus 75% or 2.625 C. Special or Regular Holiday Compensation First eight (8) hours: regular basic hourly rate plus 100% or 2.0 In excess of eight (8) hours: 2.0 plus 75% or 3.5 D. Compensation for Work Performed on Special or Regular Holiday which Coincide with the Employee’s Scheduled Day-Off or Rest Day First eight (8) hours: regular basic hourly rate plus 130% or 2.3 In excess of eight (8) hours: 2.3 plus 125% or 5.175 E. Scheduled Rest Day Compensation First eight (8) hours: regular basic hourly rate plus 100% or 2.0 In excess of eight (8) hours: 2.0 plus 125% or 4.5 Section 3. The regular basic hourly rate for overtime compensation shall be computed in accordance with the rules and regulations of the Department of Labor. Section 4. The Company shall pay a night differential pay to all covered employees, thus: 30% of the basic hourly rate for work performed from 6:00 p.m. to 10:00 p.m. 35% of the basic hourly rate from 10:01 p.m. to 6:00 a.m. the following day irrespective as to whether the work is performed on a regular or special holiday and/or scheduled rest day, provided that when the employee is on OT the basis of computing his night differential pay shall be his basic plus OT hourly rate. Night differential pay shall also be paid where a portion of an employee's work schedule extends to or falls within anytime from 6:00 p.m. to 6:00 a.m. of the following day. ARTICLE IX DAYS AND HOURS OF WORK Section 1a. Subject to the provision of ARTICLE 82 of the Labor Code, the regular days of work for all employees shall be five (5) days in a week from Monday to Friday. Section 1b. However, the Company may institute, after consulting with the Union, a flexible workweek schedule when so demanded by the business and for better employee work-life balance. The guidelines for this arrangement shall be discussed in the LMC. Section 2. A regular working day shall consist of eight (8) hours. The fifteen (15) minutes break time in the morning and the fifteen (15) minutes break time in the afternoon shall form part of the working day. The regular meal time of one (1) hour shall not be considered as part of the working day. Section 3. The Company may, at its sole discretion, schedule or reschedule the days and hours of work, whenever necessary. For this purpose, the Company shall inform in writing the affected employees at least seven (7) calendar days before the implementation or effectivity of such change of work schedule. 2011-2013 Collective Bargaining Agreement page 15 Section 4. The Company may require all employees to work on their days off, rest days and regular and special holidays and to perform overtime work on any day whenever the need arises, provided that advance notice of at least forty-eight (48) hours is given and subject to the payment of the additional compensation provided in Article VIII of this Agreement. An employee who is required to work may be excused only for justifiable reasons. Such justification must be submitted by the employee in writing at least twenty- four (24) hours prior to the performance of the required work. Section 5. Plant employees who are required to extend work beyond their regular eight (8) hour shift into the immediately succeeding shift shall be entitled to overtime pay. However, no overtime pay shall be granted if a plant employee is required to work in a shift that does not immediately follow his original shift. To illustrate: Shift Work Extension Treatment 3rd 1st (next day) Overtime 2nd 3rd (same day) Overtime 1st 2nd (same day) Overtime 3rd 2nd (next day) Change Shift 2nd 1st shift (next day) Change Shift ARTICLE X VACATION LEAVE Section 1. All employees after one (1) year of continuous service counted from the date of probationary employment shall be entitled to paid vacation leave of sixteen (16) working days per year. Section 2. Employees with more than five (5) years of continuous service shall earn and be entitled to the following vacation leave (working days) per year: Years of Service Vacation Leave 6 to 10 17 11 18 12 19 13 20 14 21 15 22 16 to 20 23 21 to 25 24 26 and above 25 Section 3. Vacation leave may be taken only after it is earned. Vacation leave has to be taken during the year unless deferred to a later date (but not later than June of the following year) subject to Section 7 hereof and as endorsed by the employee's Division Manager and approved in writing by the HR Director and the General Manager. Section 4. The Company shall prepare a schedule of submitted vacation leave of all employees. In making such schedule, the Company shall give priority to the preference of the employee. When the preferred schedule of employees shall come in conflict with operation, the employees shall accordingly adjust his schedule to the requirements of the Company. In this connection, the employees shall submit their preferred schedule on or before January 31st of each year, otherwise, if the employees shall fail to do so, then the Company shall assign the dates for scheduled vacation. The Company may recall any employee on vacation leave whenever his or her services are required. In such cases and 2011-2013 Collective Bargaining Agreement page 16 subject to Section 7 hereof, the unused scheduled vacation leave shall be added to his earned vacation leave and scheduled for use at other time. Section 5. No employee shall go on vacation leave without prior official approval by his immediate supervisor. Section 6. Vacation Leave is not commutable and non-cumulative except as provided in Sections 1, 2 and 4 of this Article. The money value of unused and unenjoyed vacation leave shall be paid to the employee upon resignation or termination of employment. Section 7. Where the employee who has gone on leave is recalled or who is scheduled to go on leave is prevented from enjoying the same because of business or operational need, the Company shall: a. Allow carry-over and use by the employee of such leave up to end of June of the following year. b. Convert to cash accumulated leave credits upon employee's separation from the company. ARTICLE XI SICK LEAVE Section 1. Subject to the Company’s policy on sick leave, all regular employees shall be entitled to paid sick leave of sixteen (16) working days per year. Employees with less than one (1) year of service shall be entitled to sick leave of 1.33 working days for every month of service. Section 2. Employees with more than ten (10) years of continuous service shall earn and be entitled to the following sick leave (working days) per year: Years of Service Sick Leave 11 17 12 18 13 19 14 20 15 21 16 to 24 23 25 and above 25 Section 3. Employees must exert all and every reasonable and prudent effort to inform their immediate supervisor or District Manager, Department Manager or Director, Human Resources and other authorized persons as the case may be, of their illness on the first day of such illness. The Company, through the Company Nurse and/or authorized physician, or designated knowledgeable employee, may visit the employee to offer medical and other needed assistance. Section 4. Employees assigned in Metro Manila areas shall avail of the services of the Company retained physician. Where it is impossible for an employee to go to the Company clinic for treatment, then he or his authorized representative may call the office for house visitation or treatment. When no clinic personnel is available to respond to a call for a house visitation and the employee is unable to consult an outside physician, his or her sickness may be applied for sick leave without need of a medical certificate provided the period of sickness does not exceed two (2) days. 2011-2013 Collective Bargaining Agreement page 17 Section 5. Sick Leaves can be availed of only in cases of actual illness or recuperation or rest, as certified by a physician. Afflictions that do not require physician consultation such as ordinary headache or simple indisposition are not grounds to take paid sick leave. The Company reserves the right to seek the opinion and advice of its own physician to verify medical finding of the attending physician of the sick employee. The Union agrees that a Company designated physician may conduct medical examination or inquiry as may be necessary to establish the fact of sickness. Section 6. Sick Leave shall be cumulative up to forty (40) working days provided that after such accumulation, all subsequent sick leaves that may be earned by the employee in excess of 40 days shall be converted into cash and paid to the employee at the end of the year. Section 7. The cash equivalent of earned and accrued sick leave shall be paid to the employee upon his resignation provided he has served the Company for at least one (1) year. Section 8. In case an employee has consumed all his sick leave in any given year, the employee shall be paid the difference between his salary and the SSS salary reimbursement for the duration of any approved SSS leave provided that the employee shall have been employed by the Company for at least five (5) years and shall have exhausted all his accrued sick leave and vacation leave. Section 9. The Company shall develop a scheme of award for employees who, during any given year, have not incurred any tardiness in reporting for work and have not availed of any sick leave benefit. ARTICLE XII P.T.B. LEAVE AND ASSISTANCE LEAVE FOR DREADED DISEASE Section 1. Any regular employee who contracts pulmonary tuberculosis (P.T.B.) and who is certified by the Company physician as unfit to work shall be entitled to a PTB leave of sixty five (65) calendar days which may be consumed ahead of the accumulated sick leave. After exhaustion of the PTB leave, an employee who does not have any accumulated sick leave may be given an additional fifteen (15) calendar days leave maximum when certified necessary by the Company physician. Section 2. Any employee who is not fully recovered and fit to return to work as certified by the Company physician shall, after exhaustion of all the leaves stated hereof, shall be entitled to an additional four (4) months of tubercular leave without pay. Section 3. The Company shall also provide the afflicted employee with the necessary supply of PTB drugs for free. Nutritional products manufactured by the Company shall also be given free when certified necessary and prescribed by the Company physician. Section 4. The Company shall terminate the services of any employee who is not fully recovered and fit to return to work after exhaustion of all the leaves stated in Sections 1 and 2 of this Article. The Company shall effect the termination under Article III, Section 12 of this Agreement and it shall comply with all rules and regulations relative to the termination of such employment. 2011-2013 Collective Bargaining Agreement page 18 Section 5. The phrase "fit to return to work" as used in Article XII of this Agreement shall refer to work for which the employee was hired, and not work with a lesser load or physical demand or requirement. Section 6. The employee shall, at all times during the time periods stated in this Article, confine himself to complete rest and shall not obtain any employment or engage in tiresome activity that may hinder his normal and speedy recovery. Any employee who violates these rules shall forfeit all the privileges granted under Article XII of this Agreement after due investigation by the Company, and the Union shall be properly informed of the findings of such investigation. In addition to the forfeiture of privileges, the Company may, after careful consideration and evaluation and when deemed necessary, terminate such employee in accordance with applicable laws, rules and regulations. Section 7. Any employee qualified for PTB leave during the period of treatment or recuperation shall be entitled to obtain a loan from the Company for One Thousand Two Hundred Pesos (P1,200) which shall be paid when the employee returns to work, provided that said loan shall be condoned if death of the employee resulted from such illness. Section 8. In the event that the employee wishes to contest or dispute the findings of the Company designated physician or specialist, with respect to the employee's state of health, the employee shall submit to the Company the names of at least five (5) well- known and reputable TB specialists with whom the employee may wish to consult, verify, confirm, or dispute the medical findings. The Company will select one from the said list of specialists, and the employee may consult such selected specialist, and the expenses incurred in this connection shall be borne by the party (the company or employee) who is found to be at fault. The findings of such specialist shall be binding on both the employee and the Company with respect to the state of health of the afflicted employee. Section 9. Employees afflicted with dreaded diseases, specially cancer, severe orthopedic injuries, acute myocardial infarction, uremia, liver cirrhosis and stroke, or other diseases certified as dreaded by the company physician, shall be allowed up to a maximum of six (6) months leave with pay inclusive of earned sick leave credits. ARTICLE XIII PATERNITY LEAVE AND SOLO PARENT LEAVE Section 1. The Company shall grant to all covered male employees who are legally married paternity leave of seven (7) working days with pay in case of delivery, miscarriage or abortion suffered by the spouse with whom he is cohabiting. Availment of paternity leave under this Article must be supported by the child's Certificate of Birth or Death Certificate, as the case may be. Section 2. Paternity Leave shall be granted only up to and including the delivery, miscarriage or abortion of the fourth child. The paternity leave must be availed of within sixty (60) days after the delivery, miscarriage or abortion of the child. Section 3. The Company shall grant to all covered employees with at least one (1) year’s service and who are “solo parents” a solo parent leave of seven (7) working days per year. A covered employee is deemed a “solo parent” if he/she falls under any of the following categories: 2011-2013 Collective Bargaining Agreement page 19 a. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender, provided the mother keeps and raises the child. b. Parent left solo or alone with the responsibility of parenthood due to death of spouse. c. Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year. d. Parent left solo or alone with the responsibility of parenthood due to physical and/or mental capacity of spouse as certified by a public medical practitioner. e. Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children. f. Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children. g. Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year. h. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution. i. Any other person who solely provides parental care and support to a child or children. j. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent. As used in this Article, the terms “child” and “children” shall refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability. Section 4. Paternity leave and solo parent’s leave shall be non-cumulative and non-commutative. ARTICLE XIV BEREAVEMENT LEAVE AND ASSISTANCE Section 1. The Company shall grant paid bereavement leave of six (6) working days to all married employees in case of death of a legitimate spouse, legitimate child, parent, parent-in-law, brother or sister, and to single employees in case of death of parent, brother or sister. Section 2. The Company shall extend bereavement assistance in the amount of P30,000 to any married employee in case of death of his/her legitimate spouse, child (legitimate, illegitimate or adopted), parent, parent-in-law, and to any single employee in case of death of his/her parent, brother or sister. In case of employee’s death, the Company shall extend to his/her immediate family a bereavement assistance of P48,000 or the equivalent of one month’s salary, whichever is greater. The assistance shall be extended upon presentation of the death certificate. ARTICLE XV EMERGENCY LEAVE AND EMERGENCY LOAN 2011-2013 Collective Bargaining Agreement page 20 Section 1. The Company shall grant paid emergency leave to all regular employees of five (5) working days per year for any of the following reasons: a. Sudden illness and/or hospital confinement of the employee's child, wife or husband. If there was no hospital confinement, the employee shall be required to submit the necessary medical certificate; b. Sudden illness and/or hospital confinement of the employee's parents; c. Sudden cancellation of work in Plant Operations and SC Support Operations but only where the employees could not be provided with another work or assignment, in which case emergency leave may be filed but subject to approval of the Plant Manager/SCSO Manager and the HR Manager; d. Transportation breakdown due to transportation strike affecting the employee's route; flood and other natural calamities; e. Fire in the vicinity of the employee's residence where such fire adversely affected the employee; f. Robbery, provided a police report is submitted; g. "Coup d'etat", provided there is a declaration of a state of emergency by the government; and h. Typhoon, when the Company on its own suspends work but where the government declares suspension of work in the public sector the period of suspension shall be deemed paid for and filing of emergency leave shall not be required. Section 2. In the event of fire or typhoon, causing serious damage or destruction to the employee's house, employee shall be entitled to paid emergency leave of not exceeding five (5) working days for that particular year. Section 3. Emergency Leave shall be non-cumulative and non-commutative. Section 4. An employee who finds himself a victim of fire, flood, typhoon, earthquake and other calamities including robbery, sudden and unexpected hospitalization of himself or his dependent, shall upon application, be granted emergency loan in an amount not exceeding Ten Thousand Pesos (P10,000), provided that in case of hospitalization, the loan shall be granted only when the hospital bill exceeds the assistance provided by the Company under Article XVIII. The Emergency Loan shall be paid through salary deduction in twelve (12) equal monthly installments without interest. ARTICLE XVI UNION LEAVE Section 1. The Company shall grant paid Union leave as follows: 205 working days for 2011 205 working days for 2012 225 working days for 2013 to allow its officers and members to attend or participate in labor education, programs, seminars, conferences and other union matters, provided a written application is filed three (3) days in advance of intended leave. Section 2. The Union shall allocate or distribute the annual Union leave to any of its officers and members. Section 3. The Company shall exert all efforts to approve all applications for Union leave with or without pay; however, the Union recognizes that in all instances, the 2011-2013 Collective Bargaining Agreement page 21 operational requirements of the Company are paramount and shall take precedence over application for Union leave. Section 4. The Union leave shall be non-cumulative and non-commutative except in the last year 2013 where the unused leave, if any, in the last two preceding years may be added to 225, provided that the maximum additional shall be no more than thirty (30) days. Section 5. In case of merger, the leave granted to one union shall not accrue to the other, as this leave is given on a non-accrual basis. Section 6. Recognizing the important role of the Union President in the enhancement of harmonious union-management relations, the Union President shall be given all the time he requires to confer with the HR Director or other responsible Company officials during work hours, provided his immediate superior approves. Such meetings should be normally scheduled in advance. Such time spent by the Union President shall not be chargeable to the union leave provided under Article XVI, Section 1 of this Agreement. Time-off from work filed by officers and/or members of the Union who attend DOLE-sponsored activities that also require the participation of Management representatives shall be considered as Company time. Such time-off from work shall not be chargeable to the union leave provided under Article XVI, Section 1 of this Agreement. ARTICLE XVII PROFESSIONAL LEAVE AND EDUCATIONAL ASSISTANCE Section 1. The Company shall grant a professional leave with pay to any regular employee for the actual examination days in taking a government examination required for the exercise of a profession, occupation or trade. Section 2. The Educational Loan Fund has been superseded by the MJN Multi- Purpose Loan. As such, the educational loan is one of the services provided for in the MJN Multi-Purpose Loan. The Union agrees and acknowledges that the Multi-Purpose Loan is a loan facility being implemented by the Company at its sole discretion. Section 3. The Company shall grant a loan to cover tuition fee, book and school supplies to any employee who wishes to pursue work-related courses, in an amount not exceeding Ten Thousand pesos (P10,000) per term. Such loan shall be considered a "grant" and shall no longer be repaid if the employee submits within sixty (60) days from the end of the term a liquidation report, together with the original tuition fee receipts and class cards reflecting a passing grade. Otherwise, the loan shall be repaid in five (5) equal monthly installments through payroll deductions. ARTICLE XVIII MEDICAL AND DENTAL Section 1. The Company shall provide all covered employees with both In-Patient and Outpatient Medical Programs. The Company, upon consultation with the Union, shall establish the benefits and beneficiaries for both Programs. The Company, together with the Union, shall review the benefits annually. 2011-2013 Collective Bargaining Agreement page 22 Section 2. The Programs shall cover employees and their qualified dependents as defined below: a. Married employees: - Spouse between 18 to 65 years of age, provided the spouse is cohabiting with the employee. - Unmarried legitimate and adopted children from birth (in accordance with existing agreement with the HMO) to 23 years of age, provided they are not gainfully employed and that they are living with the employee under one roof. b. Single employees: - Parents 65 years of age and below, provided they are living with the employee. - Unmarried natural children from birth (in accordance with existing agreement with the HMO) to 23 years of age, provided they are not gainfully employed and that they are living with the employee under one roof. Section 3. The annual premiums for an employee and each of his qualified dependents under the In-Patient Medical Program shall be shared between the Company and the employee in the ratio of 90% for the Company and 10% for the employee. In case the hospitalization expenses exceed the maximum benefit of the In-Patient Medical Program, the Company and the employee shall equally share in the excess hospital expenses. The employee’s 10% share of the annual premiums for himself and his qualified dependents and his equal share in the excess of the hospital expenses, if applicable, shall be paid in twelve (12) equal monthly installments through salary deductions. Section 4. The Company shall retain its present Outpatient Medical Program which applies to reimbursement of expenses for Medical consultations, dental treatment and services and purchases of prescribed medicines and drugs in accordance with the rules and regulations to be established by the Company. The Outpatient Medical Program shall be extended to all covered employees who shall be entitled to secure reimbursement from the Company for the following expenses they incurred for themselves, spouses, parents (only in the case of single employees) and unmarried children living with and supported by the employees: a. Medical consultations b. Dental treatment and services such as tooth extraction, surgical extraction, temporary or permanent filling, dental x-ray, root canal therapy, and prophylaxis c. Prescribed medicines d. Prescribed OTC medicines and vitamins provided that vitamins are indicated for therapeutic purposes e. Prescribed eyeglasses f. Laboratory examinations and x-rays recommended by the attending doctor and confirmed by the Company physician. Reimbursement shall be allowed up to a maximum aggregate amount of P19,000 for 2011, P20,000 for 2012, and P21,000 for 2013. 2011-2013 Collective Bargaining Agreement page 23 Unmarried children of covered employees suffering from congenital disease shall remain covered by the Outpatient Medical Program even if they are beyond the age limit imposed for a dependent for as long as they remain single and without source of income. Subject to that same condition above, they shall be covered and entitled to the benefits provided under Section 8 of Article XVIII of this Agreement. Section 5. All claims for reimbursements of out-patient medical consultation and prescribed drugs must be duly supported with receipts and/or prescription as the case may be. Section 6. The Company reserves the right to consult with the physician of an employee who claims reimbursement and to take such other measures as it may deem appropriate to verify the sickness, fees and other expenses involved. Section 7. The Company shall, in case of hospital confinement of the employee or of any of his dependents in a hospital where the Company does not have a Contract of Confinement, extend an In-Patient Medical Assistance to be granted as follows: a. The Company shall advance the payment for final hospital bills based on the actual hospital charges but not exceeding Forty Thousand Pesos (P40,000) all inclusive. b. Net hospital expense left after application of the Company's In-Patient Medical Program will be shared for covered cases as follows: 1. Non-maternity cases: 50%-50% (equal sharing between Company and employee). 2. Maternity cases (e.g., normal delivery, miscarriage or abortion, Caesarean: 80%-20% (80% employee, 20% Company). Section 8. Reimbursement due from the employee shall be applied to his cash advance and the payment of his hospital bills advanced by the Company shall then be treated as loan of the employee which shall be paid through salary deductions in twelve (12) equal monthly installments provided that where the net balance is P5,000 or more, the deduction shall be extended to twenty-four (24) months, provided further that the employee submits to HR all the necessary supporting papers for medical claim within four (4) days from the date of the patient's discharge from the hospital, otherwise deduction shall start on the next pay period without waiting for insurance reimbursement. Section 9. In case of hospital confinement of the parents of a single employee, the Company shall allow the employee to: a. Get an initial cash advance of P3,000 for hospital deposit. b. Get medical loan for actual expenses incurred in the hospital not exceeding P40,000 payable in 24 monthly installments through salary deduction. Section 10. The annual physical/medical and laboratory examinations of covered employees shall consist of: Chest X-ray CBC Urinalysis Stool examination Bun Creatinine FBS Cholesterol level 2011-2013 Collective Bargaining Agreement page 24 Uric acid Pap smear (for all married female employees; all single female employees 35 years old and above; and all single female employees at the recommendation of the Company Physician) Liver Enzyme Test will be conducted for all employees once; follow up procedures will be based on the recommendation of the Company Physician ECG: once every two years for regular employees Other laboratory tests or examinations shall be authorized by the Company free of charge when recommended by the Company Physician. Section 11. The Company shall extend the following maternity benefits to married employees: 2011 2012 2013 Normal Delivery P15,200 P15,600 P16,100 Caesarean Section P24,900 P25,700 P26,400 Miscarriage P13,000 P13,400 P13,800 Home Delivery P4,000 P4,000 P4,000 The net hospital expense after application of the Company’s In-Patient Medical Program shall be shared in accordance with Section 7 (b) of this Article. ARTICLE XIX GROUP LIFE ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE PROGRAM Section 1. The Company shall retain its present Group Life, Accidental Death and Dismemberment Insurance Program. A brief or abstract of the program shall be distributed to all employees. ARTICLE XX RETIREMENT PROGRAM Section 1. The Company shall retain its present Retirement Program subject to periodic review by the Company to upgrade the program. A brief or abstract of the program shall be distributed to all employees. Section 2. Retired employees who availed of either early or normal retirement shall be included as recipients of Christmas food package traditionally given by the Company to its employees. They shall likewise be allowed to purchase Company products for their own personal use through the Employee Discount Order (EDO). These benefits shall be enjoyed by them for as long as they live. Section 3. Retiring employees may be given their service awards only if their retirement date falls within six (6) months to the date of their employment anniversary. ARTICLE XXI MEAL SUBSIDY Section 1. The Company shall grant to all office and non-field-based employees a lunch subsidy (for day-shift production) or a supper subsidy (for night shift production) for 2011-2013 Collective Bargaining Agreement page 25 every regular working day, provided that they work for at least five (5) hours. The amount of the subsidy shall be the established cost of a regular meal in the canteen less P1.00, which shall be the fixed share of the employee regardless of how much the cost of regular meal may be fixed or agreed upon by the Company and the Canteen Concessionaire, and shall be paid by the Company directly to the Canteen Concessionaire. Employees who render overtime work for at least four (4) hours shall be entitled to one (1) meal subsidy (defined as 100% of the cost of one regular meal in the canteen), while employees who render eight (8) hours or more shall be entitled to another additional meal subsidy. Section 2. The Company shall grant the amount equivalent to the meal subsidy mentioned in Section 1 hereof to all Drivers, Messengers and Delivery Helpers of the Warehouse Unit whose regular workplace is outside the Company premises. The subsidy shall be paid directly to the employees. In case of adjustments in the meal subsidy, the amount granted by this section shall be adjusted by thirty percent (30%). Section 3. All employees mentioned in Sections 1 and 2 hereof shall be entitled to one (1) meal subsidy whenever they work for at least three (3) hours on Saturdays, Sundays, day-off, rest days and regular and special public holidays. Employees who render overtime work for at least twelve (12) hours shall be entitled to one (1) meal subsidy, while employees who render sixteen (16) hours or more shall be entitled to another additional meal subsidy. Section 4. The Company shall continue its practice of granting per diem to its Field-based Personnel under existing policies governing the grant of per diem. ARTICLE XXII UNIFORMS Section 1. The Company shall provide free uniform to each employee occupying a position where in its sole judgment, the wearing of a uniform is necessary. The Company will provide free laundry service for uniforms issued. Section 2. The Company shall solely determine the type and equal number of uniforms to be issued to each employee, the manner of its care and wear and the time and method of replacement. Section 3. All uniforms issued shall remain Company property. The Company may require the return of any uniform at anytime. ARTICLE XXIII SPECIAL PROVISION Section 1. The Company shall grant discount to its employees who make EDO purchases of company products for their own personal consumption as follows: 40% for all milk products 50% for vitamins 50% for dented canned stocks The Company shall determine the discount for new products on a case-to-case basis. Section 2. Employees who have commenced working shall be fully compensated for the day in case of power interruption provided they remain in their respective post. If 2011-2013 Collective Bargaining Agreement page 26 the Company decides to send them home, they shall be paid the equivalent of at least four (4) hours’ work or full compensation if they have already worked for at least six (6) hours. Full compensation shall also be paid to the employee if in the course of normal operation and after reporting for work they are sent home as a result of machine breakdown or shortage or unavailability of raw or packaging materials. If for any one of the above reasons or circumstances, including machine wash down, the employees are sent home before they could start working, the company shall reimburse to them actual expenses they incurred for transportation or the cost of actual gasoline consumed in the car of motorized employee, provided that sending home an employee should be the last recourse; the first priority being for the supervisor to look for any work assignment for the employee even outside his section or department. In the event that work is not available in any area, the employee may be sent home before filing an emergency leave subject to the approval of the Plant Manager and the HR Manager. Section 3. In case of force majeure (e.g., typhoon, earthquake or other natural calamities) full compensation shall be paid to the employees when they are sent home by the Company. Employees who are required to stay for manning certain equipment or facilities, or for maintenance purposes or to complete urgent work shall be paid 200% of his basic pay computed from the time other employees are sent home. When the government makes a pronouncement suspending work in public offices all employees, whether they report for work or not, shall be excused and paid in full and those who failed to report shall not be required to file any leave. Section 4. The Company shall grant calamity assistance to any employee whose house or residence suffered substantial destruction/damage caused by fire, earthquake, typhoon, flood, volcanic activity or nuclear accident rendering his/her place of residence unsafe or uninhabitable for at least one (1) day. Priority shall also be given to him/her on housing loans, provided pending applicants are moved backward. In case of calamity, the Company will engage the Union in partnership to operationalize the assistance that will be given to affected employees. Section 5. Plant operating personnel whose time is extended to attend the emergency repair of equipment or continue processing a product, shall, in addition to overtime compensation, be reimbursed his actual taxi fare where he completed the work beyond 12:00 midnight but before 4:00 a.m. Those employees already at home who may be recalled to work to attend to such emergency and repair shall also be entitled to actual reimbursement or the cost of actual gasoline consumed in the car of the recalled employee, in addition to overtime compensation. Section 6. The Company shall provide court leave with pay to any employee who is subpoenaed to appear in court as witness or accused in a criminal case, provided that where the employee is accused, his innocence must be shown by final judgment. Should the final judgment show that the employee is guilty, the Company shall deduct whatever is paid from his salaries and benefits. Section 7. In case of work-related, work-connected accident, the Company shall make good the difference between the ECC benefit and the actual medical expenses incurred by the employee by reason of such accident. Furthermore, the Company shall grant to the employee another leave not exceeding fifteen (15) calendar days after he shall have exhausted all his current sick leave upon certification by the Company's Physician that the employee is not yet fit to work. It is understood, however, that the employee may exercise the option of being solely under the ECC leave or his own Company Sick leave. If as a result of such accident, the employee becomes physically unfit 2011-2013 Collective Bargaining Agreement page 27 to resume his/her employment, the company may terminate his/her employment subject to the payment of two (2) months separation pay for every year of service provided that if the cause of the accident was the employee's own fault or negligence, the separation pay shall only be 1.5 months per year of service. Section 8. The Company shall maintain the existing arrangement of providing means of air-conditioned transportation for its employees assigned and working in the second shift from the office to drop-off points at Mantrade, Pasay Rotonda, Landmark, Pacita Complex, Imus, Cubao, and Monumento, while those rendering overtime from the office to Mantrade-EDSA, Landmark, and Pasay Rotonda. The Company shall likewise provide air-conditioned transportation for employees of the third shift from Mantrade- EDSA to the office. In cases where the regular transportation service contractors fail to provide such service, the Company undertakes to provide Company vehicles to take over the function of contracted transportation service up to the drop-off points mentioned in this section. In case the Company is unable to provide actual transportation to take over the function of the contracted transportation service, the Company shall reimburse the employees their actual taxi fare from work to home. The Company shall provide all employees who are traveling on Company-hired transportation with travel insurance, the amount of which shall be subject to the optimal insurance that can be provided by the service provider. Section 9. The Company agrees to help ensure the facilitation of the employee’s application for salary loan with the SSS and/or Pag-IBIG”. Section 10. The parties recognize and agree that breast-feeding is the best form of infant feeding, and support the objective of Executive Order No. 51. But where milk substitute or infant formula is recommended and prescribed by the doctor, the Company agrees to provide Infant Feeding Assistance to qualified employees as follows: 1. A total supply of 54 kilos in a year of Company-manufactured infant formula to be administered, thus: 4 kilos per month for the first six (6) months 5 kilos per month for the next six (6) months This assistance will be extended provided that the following requirements are complied with: a. Submission of Marriage Contract (for male employees only) b. Submission of Birth Certificate c. Submission of the prescription and recommendation of the doctor for bottle feeding. 2. The formula shall be given for the first 12 months of life and shall be provided up to the fourth child of the employee or his spouse counting from January 1, 1984. 3. If the recommendation of the physician is for a specialized Company manufactured formula (such as Prosobee, etc.) the Company shall provide the supply based on the equivalent cost of the regular formula. Section 11. In addition to the present maternity leave provided by law, the Company shall provide for its employees additional one week of post maternity leave when certified necessary by the Company physician. Section 12. A cash gift of Three Thousand Pesos (P3,000) shall be given by the Company to any employee who passes a government licensure examination for holders of bachelor’s degrees like, the Bar, CPA, Medical and Engineering examinations. 2011-2013 Collective Bargaining Agreement page 28 Section 13. The Union will support and cooperate in the enforcement of the Alcohol- and Drug-free Workplace Policy jointly prepared by the representatives of both the Union and the Management. Said policy is included in this agreement as Annex B in compliance with DOLE DO 53-03. ARTICLE XXIV TRAINING, JOB ROTATION, TEMPORARY ASSIGNMENT, VACANCY, PROMOTION AND TRANSFER Section 1. The Company shall post a written notice for at least seven (7) days of any vacancy in the Company, the level of the position where the vacancy is for a Management Staff shall be indicated in the notice. The Company has no obligation to fill any or all vacant positions. Where a vacancy occurs in a particular unit of the Company, the qualified members of that unit shall be given priority in filling up said vacancy. However, if another employee belonging to another unit is found more qualified than any member of the unit, then the Company shall give priority to that other employee. Section 2. The implementing guidelines of the Skills Enhancement Program (SEP), a copy of which is attached hereto as Annex “A” and made an integral part of this Agreement, shall govern training, job rotation, temporary assignment, vacancy, promotion and transfers of employees in the Plant Operations. The Company reserves the right to amend or replace said implementing guidelines, with due notice to the Union. Section 3. When a rank-and-file employee is assigned on a temporary basis to perform the duties and responsibilities of another rank-and-file position classified as higher position, the differential pay shall be P100 per day, provided that the temporary assignment is not within his job ladder. If the temporary assignment is within his job ladder, no differential pay will be given.. When the rank-and-file employee is assigned on a temporary basis to perform the duties and responsibilities of a team leader position or an exempt position, the differential pay shall be P150 per day. Section 4. An employee who is promoted after undergoing the Skills Enhancement Program shall receive a corresponding salary increase based on salary analysis and evaluation. The 15% promotional increase will only be applied if it will not cause salary equity issues. Section 5. In cases of straight promotion from a rank-and-file position to supervisory or exempt positions, the salary adjustment shall be left to Management’s discretion. Section 6. Nothing in this Agreement shall be construed to prohibit the Company from hiring talent and skill from outside the Company whenever in its sole judgment obtaining such talents from outside will materially aid the progress of the Company. Section 7. The Company shall have the sole right to transfer an employee or employees from one territorial area to another, or from a section, unit, department or division to another whenever or wherever the needs of the Company so require, provided that in the case of transfer of field personnel, he/she shall be given 5 days advance notice for transfers within Metro Manila and 10 days for transfers from one region to another region (e.g. Luzon to Visayas or Mindanao or vice versa). Transfers of Non-field-based 2011-2013 Collective Bargaining Agreement page 29 employees shall comply with the implementing guidelines of the Skills Enhancement Program. ARTICLE XXV LABOR AND MANAGEMENT COOPERATION COMMITTEE Section 1. A Labor and Management Cooperation (LMC) Committee composed of representatives from the Union and the Management will serve as a venue for dialogue to discuss matters not specifically covered by the CBA such as those that pertain to productivity, occupational safety and health, improvement of quality of work life, product quality improvement and similar concerns. Section 2. The Labor-Management Cooperation Committee shall observe the following procedure: a. The parties shall be accorded equal representation in the Committee. b. The parties shall agree on the frequency of Committee meetings; in the absence of any such agreement, the Committee shall meet at least once a month. The meetings shall be held at a mutually agreed time and place. c. Each party shall provide the other a full agenda of items for discussion at least fifteen (15) working days prior to a scheduled meeting. d. The parties shall appoint one or more of the attendees to take the minutes of the meeting. e. The minutes shall be forwarded to all the attendees for review. The minutes shall then be submitted for approval by the Committee during the next meeting. The duly approved minutes shall serve as a confirmation and reference of the understandings of the parties with respect to the matters contained therein. The parties may formulate additional rules of procedure to supplement the above procedures. ARTICLE XXVI SPORTS PROGRAM AND ANNUAL OUTING Section 1. The Company shall provide a Sports Program and Annual Outing at its expense for the purpose of promoting the wholesome interaction among the employees. ARTICLE XXVII GRIEVANCE PROCEDURE Section 1. A grievance is a complaint, dispute or controversy in which it is claimed that either party has failed to comply with an obligation assumed by either or both under the terms of the agreement or other terms and conditions of employment. A grievance must be filed within seven (7) working days from the time the act or action complained of occurred or was effected or implemented; otherwise, the right to complain shall be deemed waived. Section 2. The Company and the Union recognize that all grievances should be settled promptly and as close to the source as possible, and they will both sincerely endeavor to present all the facts relating to a grievance in all steps in the grievance procedure. The steps in the grievance procedure shall be as follows: Step I. The employee having a grievance shall present in writing to his immediate Supervisor or District Manager within five (5) working days from the 2011-2013 Collective Bargaining Agreement page 30 date the act or action complained of occurred, was effected or implemented. The employee and the Supervisor or District Manager shall meet within five (5) working days from receipt of written grievance and reach a satisfactory settlement. The settlement shall be reduced in writing duly signed by the parties. Failing satisfactory settlement of grievance, the employee shall proceed to Step II of the procedure within five (5) working days from receipt of the decision; otherwise, the grievance shall be considered as finally settled. Step II. The employee and the Union Section Steward shall appeal the decision in Step 1 to the Section or Unit head or Regional or Sales Manager who shall all meet to discuss and settle the grievance within five (5) working days from receipt of the appeal. The decision in Step II shall be reduced in writing duly signed by all parties. Failing satisfactory settlement of the grievance, the employee shall proceed to Step III of the grievance procedure within five (5) working days from receipt of the decision; otherwise, the grievance shall be considered as finally settled. Step III. The employee and the Division or Regional Union Steward shall appeal the decision in Step II to the Division Head or Senior Manager who shall all meet to discuss and settle the grievance within five (5) working days from receipt of the appeal. The decision in Step III shall be reduced in writing duly signed by all the parties. Failing satisfactory settlement of the grievance, the employee shall proceed to Step IV of the grievance procedure; otherwise, the grievance shall be considered as finally settled. Step IV. The employee and the Union President shall appeal the decision in Step III to the HR Director who shall meet to discuss and settle the grievance within seven (7) working days from receipt of the appeal; otherwise, the grievance shall be deemed finally settled. The decision in Step IV shall be reduced in writing duly signed by all the parties. Step V. Failing satisfactory settlement of the grievance at Step IV of the grievance procedure, the same shall be submitted for arbitration within ten (10) working days from receipt of the decision in Step IV. The President of the Union shall inform the Company in writing that grievance shall be submitted for arbitration. Section 3. It is the intention of the Company and the Union that time is of the essence in the settlement of all grievances and that the time periods provided for all steps of the grievance procedure shall be strictly followed. The Company and the Union mutually recognize that the time period provided for in Steps III, IV and V of the grievance procedure cannot be enforced in grievances originating from the sales force assigned outside of the Greater Manila Area; therefore the time periods provided therein shall be counted from the date of receipt by mail of the decision in Steps I and II of the grievance procedure. Section 4. Within five (5) working days upon receipt of the request to arbitrate a grievance, the President of the Union and the HR Director shall jointly draw and prepare a list of five (5) names of individuals who are acceptable to both parties to act as voluntary arbitrator, who shall be selected in the following manner: a. The Company shall strike out the name of the said five (5) individuals and the Union shall do likewise from the remaining names; 2011-2013 Collective Bargaining Agreement page 31 b. The parties shall continue to alternately strike out a name from those remaining until one name is left in the list. The one left shall be voluntary arbitrator who will decide the case in dispute. The Company and the Union shall equally share arbitrator's fee in those cases where the award does not wholly sustain the positions of both parties. Where the award wholly sustains the position of either party, the fees shall be solely paid by the party whose position was not sustained. Section 5. The Arbitrator shall commence hearing within five (5) calendar days from date of his acceptance to handle the case. The Company and the Union shall submit to the Arbitrator a written communication of their respective positions at least two (2) calendar days before the date of the first hearing. It is the spirit and intention of the Company and the Union that the Arbitrator shall not be bound by technical rules of procedures, and it may avail of all reasonable methods to ascertain the facts of the issues in dispute. The Arbitrator shall not have the power to make any award changing or amending, or adding to the provisions of this Agreement. The Arbitrator shall promulgate its award within thirty (30) calendar days from the date of the first hearing. The decision of the arbitrator shall be final and binding, and neither the company nor the Union shall ask or seek for its reconsideration except in those instances provided for under the Labor Code where the decision of the compulsory arbitrator may be appealed to the NLRC. Section 6. The Company shall allow time-off with pay for actual time spent in attending the meetings of the grievance procedure to the grievant employee, the Union representative specified in the steps in the Grievance Procedure, and such other employees as may be called by the Company or the Union to provide information necessary for the proper processing of a grievance. Where the grievance is of a nature that affects a group or groups of employees, time-off with pay shall be allowed to two (2) grievant employees from each unit or section of the Company affected by the grievance. The Union shall select the representative grievant from each unit or section as the case may be. Section 7. For corrective actions pursuant to the Company Code of Conduct, the Company shall accord the employee the right to due process in accordance with applicable law and jurisprudence. It is understood and agreed that the Human Resources Division shall not entertain a recommendation for disciplinary action unless it is shown that – (a) the employee concerned has been informed in writing on the nature of the offense; (b) that he has been given sufficient time to answer the charge against him; and (c) that the Union has had participation in the investigation of the offense. The Company will exert best efforts to expedite the investigation and resolution of every recommended corrective action. The Company shall furnish the Union a copy of the findings of the investigation before the decision on the case shall be implemented. Section 8. The existing Company Code of Conduct is adopted and incorporated as part of this Agreement, provided that infractions or offenses enumerated therein shall not be exclusive as other offenses not specifically covered by the Code shall have their corresponding penalty that may be meted out by the Company. The Company shall allow the Union participation in any proposed changes to said Code in accordance with prevailing law and jurisprudence. Section 9. Nothing herein contained shall prohibit an employee covered by this Agreement from submitting a grievance directly and individually to the Company. 2011-2013 Collective Bargaining Agreement page 32 ARTICLE XXVIII MEETINGS AND BULLETIN BOARD Section 1. The Company shall, within the lifetime of this Agreement, provide a place where the Union could have a modest office for its exclusive use. It is understood that the Union takes full responsibility for the order and upkeep of the place so designated by the Company. Section 2. The Company shall allow the Union to place a bulletin board of sufficient size at a conspicuous place to be designated by the Company. Section 3. Only the following shall be posted on the bulletin board: a. Notices of Union recreational and social affairs b. Notices of Union elections c. Notices of Union appointments and result of Union elections d. Notices of Union meetings e. News clippings about labor Section 4. Other notices shall be subject to approval by the HR Director prior to posting. Section 5. The Company shall allow the Executive Board of the Union to hold its meetings at the Canteen/Function Room and during such time properly approved by the HR Director or the General Manager. ARTICLE XXIX FAMILY PLANNING PROGRAM AND SERVICES Section 1. In compliance with its obligation under the Labor Code, the Company shall provide free family planning services for its employees which shall include, but not limited to, the application or use of contraceptive pills and intra-uterine devices. The Company further undertakes to promote a family planning program for its employees. ARTICLE XXX PUBLICATION Section 1. The Company shall pay the cost of printing sufficient number of copies of this Agreement and shall undertake to distribute them to all employees. ARTICLE XXXI FULL SETTLEMENT, WAIVER AND NON-GUARANTY Section 1. The Company and the Union acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and the opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are fully set forth in this Agreement. Therefore, the Company and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obliged to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. 2011-2013 Collective Bargaining Agreement page 33 Section 2. The Company and the Union mutually agrees that the terms and conditions of employment for employees are embodied in this Agreement and the same shall govern the relationship between the Company and such employees. On the other hand, all pre-existing, current and prospective benefits, practices and privileges not covered by the Agreement shall be considered gratuitous acts by the Company and as such will not be construed as an obligation on the part of the Company. The Company will endeavor to ensure it maintains parity in benefits; however, it shall retain the prerogative to design benefit packages that ensure relevance to the prevailing economic situation and changing employee demographics. The economic benefit herein provided shall be without prejudice to the economic benefits which future legislations may grant. Section 3. In the event that any provision of this agreement is made invalid by any laws or decrees, such laws or decrees shall not invalidate the remaining portion of the Agreement. ARTICLE XXXII EFFECTIVITY AND DURATION Section 1. This Collective Bargaining Agreement shall become effective and binding on the Company and the Union and their successors and assigns for three (3) years from January 1, 2011 to December 31, 2013 and thereafter be automatically renewed on a yearly basis, unless the Company or the Union serves upon the other written notice of termination sixty (60) days prior to the original or renewal expiration date of its intent to terminate or modify this Agreement. Insofar as the Union recognition is concerned, as provided in Article I, Section 1 hereof, this Agreement shall be valid and effective up to December 31, 2015 subject to the 60-day Freedom Period as provided by law. ARTICLE XXXIII NO STRIKE AND NO LOCKOUT Section 1. The Union, its officers, agents and members agree that for the duration of this Agreement, there shall be no strike, walkout, sit-down, slowdown, stoppage of work, boycott, secondary boycott, refusal to handle any merchandise, parts or products, sympathy or general strike, or any act of similar nature which would interrupt or interfere with the normal business operations and work schedules of the Company or picketing of any kind or form, however peaceful, and that it will not otherwise permit, countenance, or suffer the existence of or continuance of any kind of these acts, particularly pending grievance proceedings or negotiation of a collective agreement. Section 2. The Company agrees that there shall be no lockout so long as this Agreement is in effect. IN WITNESS WHEREOF, the parties hereto, duly authorized to bind their respective principal, have signed his Agreement this 21st day of December 2010 at Makati City, Philippines. 2011-2013 Collective Bargaining Agreement page 34 MEAD JOHNSON NUTRITION (PHILIPPINES), INC. By: PAUL A. RICHARDS President and General Manager Mead Johnson Nutrition (Philippines), Inc. MA. VIVIAN A. CHEONG Director – Human Resources KATHRYN BLISS P. AMANTE MA. LIRA D. JUSAYAN ARCHEL C. ANGELES BERNARD S. LACHICA CAMILLE M. CANIZA PILAR GENEBELLE D. MORENO JENNIFER ANN Z. DE LEON MARCELINA M. TABLADA MARINO G. HUIDEM BONIFACIO G. YUHICO, JR. MALAYANG SAMAHAN NG MGA MANGGAGAWA SA MEAD JOHNSON NUTRITION – DFA By: REYNALDO A. HERNANDEZ Chairman/President JEREMY N. BRIONES JONATHAN G. CALDERON RODEL L. CAWILI JOSELITO T. COBRADO IRENEO M. ERESE EMMANUEL C. ESCOLAR JESUS B. ESPENIDA EDWARD GIL L. ESPINOSA GIOGASPER P. GREGORIO TONETTE M. LARIZA RICHARD V. RIPARIP MANUEL G. SALAMAT COLLINS T. SAMSON Assisted By: ATTY. DOMINGO T. ANONUEVO Attested by: _____________________________ Department of Labor and Employment 2011-2013 Collective Bargaining Agreement page 35 Witnesses: _________________________ _________________________ DFA Representative ACKNOWLEDGMENT Republic of the Philippines ) Makati City ) S.S. BEFORE ME, the undersigned Notary Public in and for Makati City, personally appeared: Name Government Issued ID Paul Richards Passport No. 761058028 GBR/2004/2014 Ma. Vivian Cheong SSS No. 33-0167867-5 Kathryn Bliss Amante SSS No. 06-1162449-3 Ma. Lira Jusayan SSS No. 02-0620206-8 Archel Angeles SSS No. 33-1694124-5 Bernard Lachica SSS No. 33-5754768-2 Camille Caniza SSS No. 33-3527117-4 Pilar Genebelle Moreno SSS No. 33-2199331-4 Jennifer Ann De Leon SSS No. 33-2390996-6 Marcelina Tablada SSS No. 33-0013712-0 Marino Huidem SSS No. 03-6948981-2 Bonifacio Yuhico, Jr. SSS No. 03-6869946-7 Reynaldo Hernandez SSS No. 03-3164312-3 Jeremy Briones SSS No. 33-3678484-8 Jonathan Calderon SSS No. 33-1589014-8 Rodel Cawili SSS No. 33-3019873-1 Joselito Cobrado SSS No. 04-0830761-9 Ireneo Erese SSS No. 33-3448508-4 Emmanuel Escolar SSS No. 33-6584443-2 Jesus Espenida SSS No. 03-6707773-4 Edward Gil Espinosa SSS No. 33-6226998-4 Giogasper Gregorio SSS No. 03-8155057-0 Tonette Lariza SSS No. 33-3250320-1 Richard Riparip SSS No. 33-1997942-1 Manuel Salamat SSS No. 33-5596032-6 Collins Samson SSS No. 02-1934234-2 all of whom are known to me and to me known to be the same persons whose names are subscribed to and who acknowledged to me that they executed the foregoing instrument and statement as an act of their own voluntary free will and deed as well as the voluntary free will and deed of the principals they represent. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office at the place first hereinabove written this ____ day of __________ 2011. Doc. No. ______; Page No. ______; Book No. ______; Series of 2011 ANNEX “A” Skills Enhancement Program (The following is a set of guidelines established by the Company. This is subject to change depending on operations or business needs, in consultation with the Union. This is included in this CBA booklet as an implementing guide on the existing SEP but was not a subject of negotiation.) CORPORATE PHILOSOPHY Mead Johnson Nutrition (Philippines), Inc. believes that in order to achieve the business growth strategies, the organization needs to focus on three important themes: GREAT SCIENCE, SUPERIOR MARKETING and EXTRAORDINARY LEADERSHIP. Since leadership development remains to be the No. 1 priority of the whole organization, BMS Philippines is likewise committed to providing opportunities for growth and development as embodied in the BMS Pledge and the overall business direction. PROGRAM OBJECTIVE The Skills Enhancement Program (SEP), aims to define the functional and behavioral competency requirements in the non-exempt group of jobs of the Supply Chain Division. Specifically it aims to: Create a flexible work force to support the operational requirements of the business as well as promote the work-life balance initiative of the organization Standardize job level assessment across the non-exempt group of the Supply Chain Division Identify individual career path and structure developmental training programs aligned with the career path Balance the technical and leadership values development of SC associates, with focus on plant operations, quality assurance and trouble shooting & maintenance. TERMINOLOGY 1. Ladder – (or band) to which a job function’s skills and competency requirements are categorized. 2. Rank – is the reflection of an incumbent’s current skills and competency level 3. Level – organizational hierarchy of job functions. 4. Promotion – employment movement to which an incumbent is given a job function categorized in the next higher ladder/band; corresponds to a change in rank and pay 5. Confirmation – employment movement to which an incumbent is given a job function categorized within the same job ladder as the one he is currently holding. SKILLS & REQUIRED LEVEL OF COMPETENCY FOR EACH OPTECH LADDER PRODUCTION SKILLS REQUIREMENT LOC Optech 3 In two lines Mastery Blending Machine Operations Mastery Basic trouble shooting / PM for two Practicing lines In process checks Practicing Optech 2 In one line Mastery Blending Machine Operations Mastery Dumping /Stripping Practicing Basic trouble shooting / PM for one Practicing line In process checks Practicing Optech 1 Machine Operations : limited to 1 or 2 Practicing major equipment only Processing, Dumping / Stripping Practicing PLANT SKILLS REQUIREMENT LOC MAINTENANCE Optech 3 Line Safety Practicing Line Operations Mastery Maintenance & Repair Mastery Quality Performance & Assurance Practicing PROJECT SKILLS REQUIREMENT LOC ENGINEERING Optech 3 Technical skills Practicing PM, Operations and Troubleshooting Practicing & Repair EHS & Regulatory /Quality Assurance Practicing Project Management & Practicing Administration PLANT SKILLS REQUIREMENT LOC Quality Inspector Optech 2 RM Sampling Practicing PM Sampling / Inspection Practicing Milk Base Testing Practicing Retention Samples Maintenance Practicing QUALITY SKILLS REQUIREMENT LOC QC Lab Helper Optech 1 Laboratory Glasswares Maint. Mastery Waste Disposal Practicing Laboratory equipment set-up / Practicing assembly PSG/WO SKILLS REQUIREMENT LOC Optech 3 PSG Storage & Handling Practicing Issuance Practicing Dispensing Practicing Dry Blending Practicing WO Receiving Practicing Storage & Handling Practicing Issuance Practicing BO/Returns/waste Practicing Powder Optech 2 WO Receiving Practicing Storage & Handling Practicing Issuance Practicing BO/Returns/waste Powder Practicing PSG Storage & Handling Practicing Issuance Practicing Dispensing Practicing Optech 1 WO Receiving Awareness Storage & Handling Awareness Issuance Awareness BO/Returns/waste Powder Awareness PSG Storage & Handling Awareness Issuance Awareness Dispensing Awareness TRANSITION GUIDELINES SEP is a totally different system in determining levels. Thus, there is no direct comparison to the current leveling versus the new ladders identified using the SEP system. However to reconcile the current organizational structure/hierarchy with the philosophy and framework of the SEP the following procedures were introduced: . a) All incumbent positions will be reclassified under the standard job evaluation system. Current function will determine the target ladder. In general e.g. Optech 1 for Production Worker (entry level) - Positions performing functions such as material handling, simple machine/equipment handling such as conveyors, handling equipment & line auxiliary machines. Optech 2 for Machine Operator (major machines) - Positions performing functions that requires technical skills on operating major machines / equipment, such as filling machine, labeler, cartoner, case packer, seamer, processing equipment, blender and basic maintenance skills Optech 3 for Leadman - Leadman, Mechanic, Process/Prod.Techncian - Positions requiring specialized skills, technical, Quality assurance and process technology, and/or a complete set of OT2 skills on at least 2 different lines in the plant. b) All incumbents who are qualified to be OT2 based on the assessment, but are still classified under the OT1 positions will be upgraded accordingly, provided the required LOC for each set of skills per ladder should be completed before an associate qualifies to the next higher rank. c) All incumbents who are qualified to be OT2 and are currently holding positions already classified as an OT2 level will be given notices of change in position titles. - However Optech/s geared to assume OT2 functions but were still assessed as OT1 will be trained further to bridge the gap and meet required criteria d) The same preceding guideline will apply for all incumbents whose current positions already fall under the OT3 ladder e.g. Leadman, Mechanic, Process Technician. - However, incumbents whose current positions fall under the OT3 ladder but whose actual assessment results still reflect a competency of OT2 will have to be trained extensively to meet the current required criteria. e) There will be no downgrading of ranks/ladder of associates. Backlogs identified through the SEP results, should be prioritized as a training need. f) The associate cannot move to the next higher ladder unless all the skills and competency level required for the current ladder is completed. ADMINISTRATIVE PROVISION All non-exempt associates’ performance, as applicable, will be evaluated by his respective supervisor on an annual basis. Evaluations should be conducted and all results finalized within the first two months of the year. General activities involved will be the following: a) Initial assessment by immediate supervisor b) Consultations with other supervisors concerned to validate and finalize assessment scores c) Discussion with employee concerned of assessment results d) Agree on the results (supervisor/employee) e) Transpose assessment results to SEPRating Sheet to get actual quantitative assessment f) Submit to Plant Manager Office results for approval and documentation g) Open period for enrollment to SEP Training Program A. SEP Processes and Developmental Tools Trainees to Optech In some instances where an employee is given the opportunity to be absorbed from another SC department, such as in situations due to dissolution of a department, the employee will be given a status of “trainee” for 6 months, and would have to undergo extensive training and complete required training hours to gain the minimum required skills in his assigned area. Note: There will be no diminution in rank/ladder and salary for the affected employees. As much as possible targeted function to be assigned to the affected employee should be within the same ladder as his/her current one. Implementing Guidelines: 1) Conduct an initial skill assessment of the associate using the appropriate SEP tool 2) Discuss with the trainee initial results 3) Prepare Training Plan vs. requirements of associates targeted function, and conduct on the job training for next 6 months 4) Conduct post training SEP assessment 5) Discuss with Trainee SEP results and further Training Plan, if needed 6) Provide HR necessary documentation to effect changes 7) Issue memo regarding official designation in the department and function 8) Issue an announcement Associates From Optech 1 Formal Training: The purpose of the SEP training program is for associates to develop their functional and technical competencies. This opportunity shall give them the benefit of flexibility and the advantage of experience and training, to be considered for the next level or when specific vacancies for positions come up. Associates are encouraged to complete and meet the skills backlogs for their respective level/ladder to: - be “skills flexible” and “skills competitive” within his ladder. - allow him to be included in the pool of talents when vacancies for higher positions come up. Associates will be provided with a training grid prepared by their respective supervisors that will address specific skills gaps needed in their functional area. However management/supervisors will have the option to modify the training grid to suit the training needs of an associate. Implementing Guidelines: 1) After the conduct of the annual SEP assessment of associates, an announcement will be made pertaining to a period wherein the interested associates can signify their interest to be trained under the SEP Program 2) A prioritization process will be conducted if not all associates can be accommodated for a training period. The process will be as follows a) Based on tabulated SEP results, Bottom 5% and Top 5% of associates within the Ladder or Band be given priority for the first half of the year to fill in the skills and competency gap. b) Based on SEP results the rest of associates who signified their intent to enter the SEP training program to be accommodated for training for the second half of the year. 3) Selected associates who will undergo training shall be notified in writing at least one week before start date and will be asked to document their commitment to finish the program. - If in any case an associate would like to withdraw from the program, then a discussion will be conducted and appropriate documentation will have to be made on this. 4) Based on the results of the SEP assessment a training grid will be created with clear measures of performance and timeframe for each training phase 5) Schedule of training will be coordinated with the supervisor or trainor concerned for clear accommodation in the area and coverage - If in case the training program should be disrupted due to immediate business needs and priorities, the associate and supervisor should discuss and identify when the program can be resumed. 6) The period for training may vary from 3-6 months, depending on tasks and type of machine involved, and should be reviewed/updated every month within the training period. 7) The associate shall be evaluated after 3 months or at the end of the specified training period, the results of which shall be properly documented - Review results with line trainors first for verification - Employee to make self assessment using form provided for this - Provide feedback/review results with employee, taking into consideration all forms/tools of assessment - Depending on the level of skills acquired by the associate, the training period can be extended for a maximum of 3 months provided total training period will not exceed 6 months, and evaluation to be done every 3 months thereafter 8) SEP Certificate of Training will be awarded to associates who completed the training skill requirement stipulated on the training grid and will be part of their 201 file. NOTE: As a trainee for a specific grid, the trainor should be fully accountable and ensure that comprehensive & full supervision is given before a trainee is allowed to operate/run any equipment/processes. Thus if something happens to the trainee or to the normal flow of operations, the trainor/trainers and/or the line supervisor should take full responsibility. However if the accident happened after the training time/period, then the trainee will be held accountable. Other Venues to facilitate employee’s skills enhancement - following concepts as stated in the CBA, to be considered relative to business requirements and opportunities are presented. Job Rotation The purpose of job rotation is to give the associate the opportunity to practice the skills he has acquired, as well as give the company the flexibility to deploy manpower based on business needs. Associates will not be rotated to jobs they have not been certified for. Implementing Guidelines: 1) For an associate to be part of the job rotation program, he./she must have successfully completed the training and certified for the jobs he/she shall be rotated to. 2) Associates who will be put on job rotation shall be notified in writing, at least one week before start date. 3) The period of job rotation shall normally be around 3 months but management may extend this period depending on business needs 4) Job rotation assignments shall be properly documented in the associate’s records and used as inputs for the associate’s annual assessment. Temporary Assignment Associates may occasionally be given an assignment to fill in a temporary or vacant position or to act as reliever for an associate going on extended leaves. In cases where the temporary position is approved as full time headcount, the position shall be opened internally and the reliever shall be given the opportunity to apply for the position, if he/she is interested. Implementing Guidelines: 1) All temporary assignments lasting one month or longer must be documented. 2) The associate who will be given a temporary assignment shall be notified in writing, at least one week before start date, and with the start and end dates of the assignment clearly stated. 3) The period of temporary assignment shall vary, depending on the situation. In any case, if the assignment shall be extended, the associate shall be informed in writing 4) Where and when appropriate, the associate may claim differential pay during said period. Transfers Transfer of an individual from one section to another will be a broadening assignment that may eventually lead to promotion to the next level, depending on associate’s performance in the new role. Implementing Guidelines: 1) Associate may have to start from the entry level of the position where he transferred, depending on the skills already acquired. 2) Some may be required to undergo the same skill assessment to determine level. 3) If training is required, assessment needs to be done after the training period agreed upon by the immediate supervisor and the associate to determine possible level movement depending on performance on the new assigned job. B. Promotions Under the SEP Program Under the SEP system, an associate can progress from one ladder to another based on his/her job performance and the competencies he/she is able to attain and exhibit on the job. 1. Promotions under the SEP framework will be based on the assessment results of employees, which are conducted annually. - To ensure a fair, objective and full accounting of skills an associate possess, the process requires that the supervisor obtain the inputs or concurrence of other supervisors (as applicable) before finalizing the assessment scores of an associate for the year. This is also to ensure that the assessment standards of line supervisors are calibrated. 2. Completion of training programs does not translate to a promotion relative to the following: - Skills acquired through the training programs must actually be exhibited on the job - Skills acquired must also be executed independently 3. If an employee’s SEP assessment results show that he has acquired the skills worthy of the next higher ladder, then the associate may be eligible for promotion for the next ladder, provided that he/she has no pending administrative case, which may delay its execution. - Admin cases considered should be those with implementing decisions/sanctions already - Admin cases to be considered are those which warranted at least one (1) day suspension 4. If scores are still within range requirement of his current ladder then he stays in his current ladder, with an option to signify his interest to undergo training 5. There is no headcount allocation for each respective ladder under the SEP Program, hence an employee may freely be promoted to the succeeding provided that his SEP assessment results support it. For other vacancies outside of the SEP Program (Team Leader, Exempt position vacancies etc.) All job vacancies shall be opened, posted and filled as provided for in the CBA, except for positions under the SEP, where associates who have been assessed and certified as high potentials shall be given priority. In assessing the potentials of associates, their technical and leadership competencies shall be considered, as well as the special training or developmental assignments they have been given. Implementation Guidelines: 1. HR discusses with the hiring manager the need for the position, competencies required, job description, lead-time, and who will be involved in the selection process. The criterion for selection is agreed on, including the “cut-off” score for the overall rating of candidates to be included in the final pool of candidates. 2. Job is posted internally, specifying the key responsibilities and minimum requirement for the job. Posting duration: 7 days. 3. Screening of all applications based on given requirement is conducted. - Most recent SEP assessment score will have to be considered as part of the screening process - Priority shall be given to those associates on the promotable pool, those certified on the skill required. These associates should automatically be part of the list of qualified associates to undergo initial screening. - Candidates are pre-selected based on their fit vs. the competency profile of the position in question. The following qualification to be considered: Functional and technical know how will have to be applied for a minimum period or cumulative of six (6) months (on the job) Should be performing independently without a “buddy” machine operator or mechanic - Candidates must meet the minimum established score for them to qualify for panel interview and simulation exercise (if applicable). 4. Candidates not selected are sent regret letters 5. Discuss with candidates their candidacy 6. Create an announcement of candidates 7. Qualified candidates go through informal validation interview by Team Leader / Supervisor thru use pre-determined questions to draw out required competencies (functional, leadership and motivational fit). Weight = 60% 8. Candidates are selected based on their overall rating vs. agreed “cut-off” rating. Candidates not selected at this point are given regret letters and the option to receive one-on-one feedback discussion. 9. OPTIONAL DEPENDING ON THE VACANCY: Selected candidates are sent for third party assessment. Tests are structured consistently with required competencies. Weight = 40% 10. OPTIONAL DEPENDING ON VACANCY: Top candidate is selected based on third party assessment results. Candidates not chosen are given feedback on their test results. 11. Create memo to HR to make the necessary documentation for the appointment of the successful candidate and an announcement for the choice. NOTE: When another vacancy occurs, those candidates who were not chosen, even if they passed the third party assessment, must signify their interest to be considered as a candidate for the newly opened position. If the vacancy occurs within three months from the time the previous screening was conducted, the assessment results of said candidate shall still be considered valid. However, the candidate shall have the option to submit to panel interviews and third party assessment again if he/she so desires, for the purpose of improving, his/her assessment scores. C. Rewards and Recognition 1. The compensation aspect of the program will be dealt with in accordance with - the provision in the CBA - SEP assessment results and scores which is an indication/gauge of the readiness of the associate to assume a job with higher skills requirement 2. Differential pay will be provided for temporary assignment on the job requiring a higher level of skills. Only those “certified” with the skills required of the job will be allowed to handle the temporary assignment. Identification of whether it is lower, equal or higher level skill will be based on the skill requirement stipulated in the assessment tools. 3. Movements such as probable demotion and lateral transfers will not affect the basic salary 4. Non Cash Recognition - SEP Certificate of Training will be given individually for those who passed the skills training requirement. This will be part of the 201 file. - List of those who passed the skill training will be posted on the bulletin board. Likewise they will be part of the pool of talents accredited for a particular skill. They will be tapped as a possible trainor in the future. ANNEX “B” Alcohol- and Drug-Free Workplace Policy Background/Objective The Company regards the use of illegal drugs and the abuse of alcohol as serious problems. As a manufacturer of health care and nutritional products, Bristol- Myers Squibb (Phil.), Inc. has a special interest in the health and well-being of its employees. It is the purpose of this policy to create an alcohol and drug-free workplace that will enhance the health, safety, security, and performance of Bristol-Myers Squibb (Phil.), Inc. and its employees, and in so doing support and contribute to the government’s campaign against illegal drugs. Scope/Coverage This policy shall apply to all BMS employees, including all candidates seeking employment with BMS. Statement of Policies 1. The illegal use, sale, manufacture, distribution, dispensation or possession of drugs on Company property is absolutely prohibited. Reporting to work or working while under the influence of alcohol or illegal drugs is also prohibited. Further, the use of alcohol on Company property is prohibited except in the limited case of Company- sponsored social action activities as described in this policy. Violation of this policy will result in disciplinary action up to and including termination. 2. All candidates for employment will be required to undergo a pre-placement urine drug test as a condition for employment. A medically unjustified positive result for the presence of illegal drugs will result in the withdrawal of the offer of employment. 3. The Company shall include urine drug testing as part of the Annual Physical Examination for employees. An employee who refuses or fails to undergo such test without justifiable reason will be subjected to disciplinary action following the requirements of procedural due process. 4. The Company reserves the right to conduct random drug testing of employees at any time during the year, with each employee having an equal chance of being selected for testing. 5. Employees will be required to undergo a urine drug screening test and/or blood alcohol test when there is reasonable suspicion to conclude that they are under the influence of illegal drugs or alcohol while on Company property or on official business. Testing for reasonable suspicion will be conducted: (a) when an employee reports for work or appears to be working under the influence of alcohol or illegal drugs; (b) when an employee admits to a supervisor as being under the influence of alcohol or illegal drugs while on Company property or on official business, and/or; (c) following any workplace accident or other incident which suggests the employee is under the influence of alcohol or illegal drugs. 6. Any report of accident or conviction of criminal offense related to alcohol or drug use will be considered grounds for discipline, up to and including termination. This does not preclude the Company from also filing the appropriate complaint when warranted under the provisions of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. 7. This policy applies to all employees across levels and regardless of employment classification. 8. The Company will treat with confidentiality all medical records of employees with cases of alcohol and drug use. Disclosure of such records can only be allowed under the circumstances defined by this policy. 9. All officers of the Company shall be responsible for the enforcement of this policy. Questions concerning interpretation of this policy shall be referred to the Director of Human Resources. Implementing Guidelines 1. Pre-Placement Urine Drug Screening Test All candidates for employment will be notified during the qualifying process that a urine drug test is part of the pre-employment requirements. Candidates have the right to refuse a urine drug test, but refusal will result in the withdrawal of the offer of employment. Submission of an adulterated specimen will constitute a refusal to test and will result in the withdrawal of the offer of employment. 2. Urine Drug Screening Test Guidelines a) Testing of urine specimens shall be conducted only by laboratories which have received the Department of Health (DOH) accreditation/approval and which follow DOH guidelines for testing. This will allow for maximum consistency in operating procedures and quality control. b) All urine samples will be tested for the pertinent drugs classified as dangerous and illegal by the government. c) Collection of urine samples will be conducted by controlled laboratory methods to assure security, but will not require witnessing of sample collection. d) All urine samples will undergo a preliminary analysis for the illegal substances. If the test result is negative, the urine sample will be classified as negative and the analysis will be concluded. If the test result is positive, the urine sample will undergo a confirmatory gas chromatography/mass spectrometry (GC/MS) test. If the urine sample tests positive on both the preliminary analysis and the GC/MS, the urine sample will be classified as positive. All results will be reported by the laboratory to the Company’s Medical Department and to the Director of Human Resources. e) When a urine drug test is classified as positive, the Medical Department will review the record and contact the candidate to discuss medical conditions or medications that may explain the result. If the Medical Department determines that the result is compatible with a valid medical explanation, the candidate will be classified for employment in the normal manner. If the Medical Department determines that the result is not compatible with a valid medical explanation, the Medical Department will report the medically unjustified positive urine drug test to the Human Resources. The Medical Department may provide a copy of the report to the candidate if requested. f) All candidates will be informed by the Human Resources that a medically unjustified positive urine drug test will result in the withdrawal of the offer of employment with Bristol-Myers Squibb (Phil.), Inc. 3) Annual Testing The annual physical examination (APE) for employees shall include urine drug testing. Hence, all employees must undergo the APE as determined by the Human Resources Division. Employees who undergo the APE but refuse to take the urine drug test without justifiable reason will be subjected to disciplinary action following the requirements of procedural due process. Employees who refuse or fail to undergo the APE in order to evade urine drug test without justifiable reason will also be subjected to disciplinary action following the requirements of procedural due process. 4) Random Drug Testing At any given time during the year, the Company may conduct random drug testing among its employees. Random testing refers to unannounced schedule of testing, with each employee having an equal chance of being selected for testing. The random sampling method shall be used for this purpose. The Company shall likewise determine the number of employees to be tested. An employee who is selected for the random drug test but refuses to undergo such test shall be subject to disciplinary action up to and including termination. 5) Testing for Reasonable Suspicion Testing for reasonable suspicion will be conducted: (a) when an employee reports for work or appears to be working under the influence of alcohol or illegal drugs; (b) when an employee admits to a supervisor as being under the influence of alcohol or illegal drugs while on Company property or on Company business, and/or; (c) following any workplace accident or other incident which suggests the employee is under the influence of alcohol or illegal drugs. When testing for reasonable suspicion is required, the employee must be told of the situation and escorted immediately to an appropriate medical facility. If the employee refuses to the point of becoming violent, the superior must ask the assistance of Security. The employee shall remain on sick leave until the test results are reviewed and a decision made. A urine drug screening test will be conducted to detect the presence of illegal drugs; a blood alcohol test will be conducted to detect the presence of alcohol. Refusal to be tested for reasonable suspicion will be grounds for discipline, up to and including termination. Submission of an adulterated specimen will constitute a refusal to test. If the alcohol and/or drug test(s) are classified as negative after review by the Medical Department, the employee will be allowed to return to work and standard disciplinary practices will prevail for the incident which led to the testing. The only exception to this is if other evidence exists which identifies the employee who tested negative as a current illegal drug user. Such evidence must be presented by the Medical Department to the HR Director and Legal for review. If sufficient evidence exists to identify the employee as a current illegal drug user, the employee will be subjected to Discipline/Rehabilitation as described below. If the positive alcohol and/or drug test(s) are classified as medically unjustified after review by the Medical Department, the result(s) will be reported to the Human Resources Director. The report will be made available to the employee by the Medical Department if requested. In case it is the superior who is under reasonable suspicion, the employee or subordinate concerned can report the situation to the next line manager. In case the next line manager is absent, the employee can report it to the next manager following the organizational hierarchy. This does not prevent the employee however, from calling the attention of HR directly. 6) Discipline/Rehabilitation (a) If the alcohol or drug test is a medically unjustified positive, or if sufficient evidence exists to identify the employee as a current illegal drug user, the Company, at its discretion, may require an employee to undergo rehabilitative treatment. The employee will be required to undergo unannounced testing at the worksite, as recommended by the treatment facility in conjunction with the Company’s Medical Department. An employee who tests positive a second time, is subject to termination without further opportunity for rehabilitation. Refusal to undergo rehabilitative treatment and/or failure to comply with post-rehabilitation testing will result in termination. (b) The Company, at its discretion, will provide professional, confidential assistance to help employees resolve problems with alcohol and drugs that affect their personal and work life. The Human Resources, through its Medical Department, and the employee’s supervisor will discuss the employee’s alcohol or drug problem and develop a plan of action. The employee’s supervisor will communicate the agreed upon plan to the employee. An employee’s refusal to accept referral and to follow recommendations for addressing an alcohol or drug problem may be grounds for discipline, up to and including termination. An employee may voluntarily turn himself in for alcohol or drug treatment and rehabilitation by contacting or directly approaching the Medical Department. After conferring with the employee and evaluating the employee’s case, the Medical Department shall notify the HR Director and, upon approval of the HR Director, discuss the employee’s alcohol or drug problem with the concerned supervisor and together develop a plan of action. The Company’s share in the treatment/rehabilitation of an employee with alcohol and/or drugs problem shall be limited to the employee’s medical/health in-patient and out-patient benefits as well as to those which he is entitled to under any pertinent company policy and collective bargaining agreement. Information regarding the employee’s diagnosis and treatment will not be disclosed; any confidential information will be disclosed only with a signed release from the employee. 7) Convictions for Alcohol/Drug-Related Criminal Offenses Any conviction for an alcohol or drug-related criminal offense will be considered a ground for disciplinary action, up to and including termination. When an employee is convicted, the conviction shall be reviewed by Management to determine the appropriate course of action. Where applicable, all drug-related workplace convictions will be reported to the appropriate agency of the government, in accordance with the provisions of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. 8) Employee Training and Education The Company shall implement programs to inform employees of this Alcohol and Drug-Free Workplace Policy. These programs must: (a) Educate employees and increase their awareness of the negative effects of alcohol and drug abuse on health and safety. (b) Train supervisory personnel on their responsibilities for ensuring compliance with the Company’s policy and fostering an alcohol and drug-free workplace. The education/awareness program may be extended to the employees’ dependents at the discretion of the Company. 9) Searches The Company reserves the right to conduct reasonable searches of any property or workstation when there is reason to suspect violation of this policy, with prior notification and approval of the HR Director. 10) Right to Privacy The Medical Department shall maintain all information regarding an employee’s use of alcohol or illegal drugs in a confidential medical record. No information concerning the employee’s diagnosis and treatment will be revealed by the Medical Department except in the following circumstances: (a) The employee consents in writing. (b) The law or a Court of law requires disclosure. (c) It is believed that life or safety is threatened by failure to disclose. 11) Company-Sponsored Activities Alcohol may be consumed on company premises during company-sponsored activities, employee picnics, outings, athletic events, company parties, and other social activities provided such use of alcohol is controlled, discreet, and approved in advance by Management. 12) Driving Motor Vehicles Any operation of a motor vehicle on company business while under the influence of alcohol or illegal drugs may be cause for disciplinary action, up to and including termination. Accidents arising from the use of alcohol or illegal drugs shall likewise be cause for disciplinary action, and the related uninsurable costs to persons and properties due to the accident shall be borne by the concerned employee.
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