EMPLOYER GUIDELINES-WORK ETHICS POLICY AT BISJHINTUS

Last Updated: 22 March 2023

  1. INTERPRETATION

  1. The purpose of the policy is to set and maintain the decorum within the M/S BISJHINTUS PRIVATE LIMITED. We will ensure that all employees will be treated fairly and equally.
  2. This policy may be amended or modified at any moment by BISJHINTUS, and such modifications shall take effect as soon as they are posted on our website.
  3. 1.1 Scope
    1. This policy applies to all employees including mentors, teachers, interns, part time or full time employees of the company or whoever fall under the definition of 2(d) of this policy.

  1. DEFINITION

  • 2(a) “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  • 2(b) “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to M/S BISJHINTUS PRIVATE LIMITED..
  • 2(c) “Country” refers to KARNATAKA, INDIA.
  • 2(d) Employee means a person employed for any work on a regular, temporary or daily wages basis, either directly or indirectly (through an agent) including contractor with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a mentor, interns, full time or part time employee or employers or called by any other such name.
  • 2(e) Management means a person who is responsible for the management, supervision and control of the M/S BISJHINTUS PRIVATE LIMITED affairs.

  1. GENERAL GUIDELINES

  1. 3.1 All employees will be treated equally and fairly.
  2. 3.2 We will follow the principle of audi alteram partem, which means no one should be unheard. Every employee will get the chance to represent his/her side during the adjudicating of disciplinary proceedings.
  3. 3.3 In the case of disciplinary action, the employee shall cooperate with the management or any other delegated authority.

  1. OBLIGATIONS/DUTIES OF EMPLOYEES

  1. 4.1 The Employee shall work with reasonable care and skill.
  2. 4.2 The employee shall not disclose any confidential detail regarding employer information.
  3. 4.3 The employee shall follow the order of the employer ( as long as they are legal).
  4. 4.4 The employee is obligated to maintain the M/S BISJHINTUS PRIVATE LIMITED's proprietary and private information in strict confidence, just as they would their own similar information.

  1. CONFIDENTIALITY
  1. The Parties agree that information disclosed orally or in writing or made available by the BISJHINTUS to another EMPLOYEE including, but not limited to, information acquired from employees; trade secrets; strategic plans; invention plans and disclosures; customer information; computer programs; software codes; databases; suppliers; software; distribution channels; marketing studies; intellectual property; information relating to process and products, shall be considered confidential by the Company. In addition, the existence and terms of policy and NDA shall also be regarded as Confidential Information. The parties concur that any Confidential Information will be kept confidential.

  1. EXCLUSION

  • 6.1 The employee is not considered confidential information, and the employee has no duty of confidentiality or restriction against us regarding any information that:
    • 6.1.1 was known, in the custody of, or documented by the employee prior to M/S BISJHINTUS PRIVATE LIMITED's disclosure of such information through no wrongful act
    • 6.1.2 is legally obtained from a third party who is not bound by limitations on the use and disclosure of such information in favour of M/S BISJHINTUS PRIVATE LIMITED.

  1. NOTICE OF UNAUTHORISED USE OR DISCLOSURE

  1. The EMPLOYEE shall immediately notify the M/S BISJHINTUS PRIVATE LIMITED of any unauthorised use or disclosure of confidential information or any other information by the EMPLOYEE or any third party, and will cooperate with the M/S BISJHINTUS PRIVATE LIMITED in every reasonable way to assist in regaining possession of the confidential information and preventing its further unauthorised use or disclosure.

  1. DISCLOSURE REQUIRED BY LAW

  1. The EMPLOYEE shall give M/S BISJHINTUS PRIVATE LIMITED prompt notice of any request to disclose confidential information if the EMPLOYEE is requested or required to do so by a government or court order, or by a similar process, so that M/S BISJHINTUS PRIVATE LIMITED may seek an appropriate protective order and/or waive the employee compliance with the policy.

  1. REPRESENTATION AND WARRANTIES

  1. The employee recognizes that no explicit or implied representation or warranty has been or is being made by or on behalf of M/S BISJHINTUS PRIVATE LIMITED as to the accuracy or completeness of any confidential information furnished to the employee.

  1. NATURE OF THE RELATIONSHIP

  1. At no time shall the employee be authorised to portray themselves as CEO, MD, or any other position that the employee does not hold in M/S BISJHINTUS PRIVATE LIMITED. Until the business allows it, this policy shall not be interpreted as a joint venture, pooling arrangement, or partnership, but each party hereto shall be considered responsible for its expenditures and financial obligations incurred in connection with this policy.
  1. GOVERNING LAW
  • This policy is not exhaustive, so, In the case of any serious dispute arising as a violation of our non-disclosure agreement, employer policy or any other prevailing law in INDIA the matter shall be adjudicated in KARNATAKA, INDIA.

  • 11.1 Dispute Resolution

    If You have any concerns or disputes about the management, you agree to first try to resolve the matter informally by contacting the Company or senior management.

  1. MINIMUM-SERVING TIME PERIOD

  • 12.1 For Employee :- Employees or Employers shall serve a minimum 30 days after joining the company. Employees shall make sure that the assigned work to him/ her shall be completed before the leaving company.
  • 12.2 For Intern :- The intern shall serve a minimum 15 days from when he joined the company. The Intern shall make sure that the assigned work to him/ her shall be completed before leaving the company.
  • 12.3 For Part-timers :- Part Timers shall serve the company minimum 30 days from the starting day of joining. Part timers shall make sure that the assigned work to him/her shall be completed before leaving the company.
  • Explanation :- Whoever is working for M/S BISJHINTUS PRIVATE LIMITED whether he is a part-time or a full-time intern or an employee shall complete his assigned work before the resignation. If he/she doesn’t complete his work , we have a right to take disciplinary action against him.

  1. MISCONDUCT
  • 13.1 Gross misconduct will be treated seriously, and the offender will face the proper consequences. If an employee is found to have engaged in serious misconduct, they may be dismissed immediately and without being given a chance to give notice.
  • 13.2 To the extent permitted by current Indian law, the company may also take additional legal action in addition to any disciplinary measures it may take.
  • 13.3 The following are some of the examples of gross misconduct and the list is not exhaustive:-
    1. False declaration of qualification or professional registration or concealing critical information as part of background checks and verification.
    2. Failure to work in accordance with prescribed company guidelines, policies, procedures and code of conduct.
    3. Misusing the company's confidential information, prejudicial to the interest of the company.
    4. Serious negligence which causes irreparable loss, damage or injury.
    5. Theft, fraud, corruption, and manipulation of records.
    6. Deliberate and serious damages to the company.
    7. Any intellectual property or intellectual property rights of the business may be violated, attempted to be violated, provided to someone to violate, or assisted in violating by the employee or employer.
    8. Bringing the organisation in serious disrepute.

  1. MISBEHAVE AND HARASSMENT
  • 14.1 M/S BISJHINTUS PRIVATE LIMITED strives for a work atmosphere that promotes dignity, decency, and respect for all individuals. We anticipate mutual confidence and the absence of intimidation, oppression, and exploitation among staff members.
  • 14.2 We here at M/S BISJHINTUS PRIVATE LIMITED will not tolerate unlawful discrimination or harassment of any kind. The business will seek to prevent, correct and discipline behaviour that violates this policy by educating staff members and enforcing zero-tolerance policies for this behaviour.
  • 14.3 All of the employees at M/S BISJHINTUS PRIVATE LIMITED, regardless of their respective positions, are included and expected to comply with this policy by taking the appropriate measures to ensure that harassment does not occur in the workplace or any social media platform or meeting platform.
  • 14.4 Any employee who violates this guideline will be subjected to appropriate disciplinary action right away. Depending on the gravity of the offence, disciplinary action may include a written or vocal reprimand, suspension, or termination of employment.
  • 14.5 Supervisors or members of management at M/S BISJHINTUS PRIVATE LIMITED who knowingly allow or condone discrimination, harassment, or retaliation are in violation of this policy and may face disciplinary action. All those who violate the workplace harassment rules will face disciplinary action.

  1. WARNING PROCESS
  • The following steps are offered as general recommendations; if necessary, the business may add or subtract additional steps from this list based on the circumstances and case:

  • 15.1 Verbal Warning
    • 15.1.1 A verbal warning to the employee should be regarded as a first step. To correct mistakes made by the employee, the concerned individual should always try informal actions and communications first.
    • 15.1.2 Without using any formal procedures, the employee will now be informed of their unacceptable behaviour and made aware of the standards anticipated from the company.
    • 15.1.3 Both sides will now concur on specific conditions and timelines for fixing the errors.
  • 15.2 Written warning
    • 15.2.1 A written warning will be provided to such an employee if the problems cannot be resolved verbally.
    • 15.2.2 The employee will receive a final written letter if it is determined that they have engaged in serious misconduct or have not complied with a prior written warning.
  • 15.3 Suspension
    • 15.3.1 If necessary, management or the company will keep the defaulting employee suspended for as long as necessary to allow the investigation to proceed without obstruction, or if the employee has broken a serious law and poses a threat to other employees or the reputation of M/S BISJHINTUS PRIVATE LIMITED for any other reasons the committee or company deems necessary.
    • 15.3.2 During the suspension period, the employee will not be entitled to get any kind of pay.
  • 15.4 Termination
    • M/S BISJHINTUS PRIVATE LIMITED may terminate any employee or intern in the case of serious misconduct or if he/she has failed to rectify the error mentioned under the final warning letter.
    • Provided that, The business may terminate the employee directly, if the company thinks the quantum of the conduct is very high.

  1. APPEAL
  • 16.1 If any disciplinary action is taken against any employees , intern, mentor , then they have a right to appeal to senior management in the following circumstances :
    1. If they have proof whatever the decision taken against him was impugned.
    2. That new evidence is available which was not presented when management was adjudicating the matter.
    3. The gravity of the punishment is not reasonable.
  • 16.2 After considering the matter, the management may reach the decision:
    1. May reduce the gravity of the punishment.
    2. May uphold the decision.
    3. Remove the disciplinary action entirely.
    4. May change the type of punishment.
  • Provided that, if any other remedy or reasonable way is available then management has a right to proceed on it.

  1. INDEMNIFICATION
  • The Company shall indemnify, defend, and hold harmless against any liability, damage, loss, or expense (including reasonable attorneys fees and expenses of litigation) incurred by or imposed upon any of the M/S BISJHINTUS PRIVATE LIMITED in connection with any third party claims, suits, actions, demands or judgments (“Claims”) under any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability) resulting from or arising out of the practice by the Company, its Affiliates or any of their Sublicensees, or concerning any process, or service that is made, used, or sold pursuant to any right, to the Company under any agreement or policy, other than in the event of a Claim resulting from or arising out of the conduct of the employee or any breach of policy by the employee.

  • 17.1 Defamation
    • If any of our serving or former employees tries to defame us without any proof or tries to spread false rumours about us on social media whether via post, story or any kind of source or lodged complaint with the malafide intention in platforms like internshala , linkedin etc.,or any other way which may cause damage to our company then the business may impose a huge penalty against the employee or the company may also take additional legal action in addition to any disciplinary measures it may take, as per the prevailing law in India.

  • 17.2 Fine for the breach of the policy
    • If the EMPLOYEE violates or attempts to violate any of the terms of this policy, M/S BISJHINTUS PRIVATE LIMITED may apply appropriate compensation based on the damages incurred.

  1. INTELLECTUAL PROPERTY RIGHTS
  1. Any intellectual property or intellectual property rights of the business may be violated, attempted to be violated, provided to someone to violate, or assisted in violating by the employee or employer.

  1. SOCIAL MEDIA POLICY
  • 19.1 We respect your freedom to use social media and recognize that your time away from work is your own. However, it is also critical to safeguard M/S BISJHINTUS PRIVATE LIMITED's goodwill when using social media. If the person engages in social media activity that identifies you as an employee of our business, even if done off-duty, the company's reputation may suffer.
  • 19.2 Always ensure that your social media activity adheres to the company's pertinent policies or guidelines. This code is included, as are the requirements for protecting confidential material.
  • 19.3 When using external social media channels, make sure you are not using your official email address for the same, and you shall not represent in any social media content that you are not authorised to speak on behalf of the company, or that the business has approved your content, unless you have received prior written approval from your supervisor/manager.
  • Provided that, You shall not use the company's official mail for attending any seminar , workshop or even the official meeting of the company on any meeting platform without the approval of management.

  1. LEAVE POLICY
  • 20.1 The EMPLOYEE shall not take more than 2 leaves in a month. If the EMPLOYEE takes more than 2 leaves then the company has a right to take disciplinary action against him/her, even the company can terminate the employee.
  • Provided that, The EMPLOYEE shall not proceed on leave until/unless the leave has been approved by the reporting manager/business via mail.

  • Provided that, In the case of termination Company shall not be liable to give any salary or promising remuneration.

  • 20.2 In the case of emergency or inevitable circumstances, The business may allow three emergency leaves or more than that in the case of unforeseen circumstances. But later EMPLOYEE shall compensate for the leave according to the leave taken by him/ her. Provided that, The EMPLOYEE must inform the management about his/her leave in the case of an emergency via mail. Provided that, The Management has a right to reject the request for emergency leave if the management thinks the ground of emergency leave is not sufficient.
  • 20.3 It is not possible to take leave as a matter of right. Depending on the needs of the company, any type of leave can be granted or denied. A leave of absence without appropriate approval will result in disciplinary action.
  • 20.4 Leave for the upcoming month cannot be availed in the current month.
  • 20.5 Notwithstanding with this, The EMPLOYEE shall request for leave via mail before 2 days, The EMPLOYEE shall only be entitled to get leave when the business sends the approval of leave via mail.
  • Explanation(1):- Emergency leaves include personal illness or injury, medical appointment, family emergency, or any unforeseen circumstances.

  • Explanation(2):- The EMPLOYEE uses the remedy of 19.2 only when he/ she has already used his/her 2 leaves.

  1. PAYMENT
  • 21.1 For Intern :- The business shall pay the stipend after the completion of tenure to INTERN, according to the terms of the NDA with the promising perks, If the candidate doesn't follow the leave policy or doesn't complete his/her tenure or violate any policy of the company, that case, the company shall not give any stipend or any other promising perk to him/her.
  • Provided that, In the case of termination Company shall not be liable to give any salary or promising remuneration.
  • 21.2 For Employee :- If the Employee does not fulfil the condition of NDA and works against any policy of the company, in that case, company may cut some portion or may be cut the entire portion of his/her salary.
  • Provided that, In the case of termination Company shall not be liable to give any salary or promising remuneration.
  • 21.3 For part timers :- The salary/stipend will be paid by the company after the end of the month or after the completion of his/her salary as per the conditions of the NDA, starting from the date the employee received the offer letter.

  1. ENTIRE AGREEMENT
  • This policy is binding on the EMPLOYEE and its subsidiaries, successors, assigns, legal representatives, and all corporations controlling the EMPLOYEE or controlled by the EMPLOYEE, and it will benefit the M/S BISJHINTUS PRIVATE LIMITED and its subsidiaries, successors, assigns, legal representatives, and all corporations controlling the M/S BISJHINTUS PRIVATE LIMITED or controlled by the M/S BISJHINTUS PRIVATE LIMITED.

  1. SEVERABILITY
  • The remainder of this policy shall continue in full force and effect even if any provision is found by a court or other competent authority to be unenforceable.

  1. WAIVER
  • Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this policy shall not affect an employees ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

  1. RESIGNATION CLAUSE
  • 25.1 "Either party may terminate the employment relationship at any time by giving the other party written notice via mail." Unless otherwise agreed in writing by all parties, the employee agrees to offer a minimum of one week, if he/she is an intern, 30 days if he/ she is a part-timer and 90 days if he is a full-time employee' notice of resignation. During the notice period, the employee will continue to carry out their responsibilities to the best of their abilities and will work with the employer to achieve a smooth transition. The management maintains the right to immediately terminate the work relationship if the employee engages in any behaviour that violates their contract or business standards."
  • 25.2 If the employee fails to deliver the notice within the time frame specified, the company may charge the employee (whether part-time, full-time, or an intern) or take any other action it considers appropriate.

  1. MINIMUM WORKING HOUR
  • 26.1 FOR EMPLOYEE (FULL-TIME):- The employee shall work a minimum of 8 hours as determined by the management." The management may vary the employee's and employer working hours at any time, as long as the employee is given adequate notice and the adjustments are made in line with applicable laws and regulations. The employee understands that failing to work the specified minimum number of hours may result in disciplinary action or termination."
  • 26.2 FOR EMPLOYEE (PART-TIME):- "The employee shall work a minimum of 6 hours as set by the management. The particular work schedule will be agreed upon by the company and the employee. The management may vary the employee's working hours at any time, as long as the employee is given adequate notice and the adjustments are made in line with applicable laws and regulations. The employee understands that failing to work the specified minimum number of hours may result in disciplinary action or termination."
  • 26.3 FOR INTERNS :- "The Intern shall work a minimum of 4 hours as set by the management. The company and the intern will agree on a specific work schedule. Management has the authority to change an intern's working hours at any time, as long as the intern is given enough notice and the changes are implemented in accordance with applicable laws and regulations. The intern is aware that failure to work the required minimum number of hours may result in disciplinary action or termination."
  • 26.4 In some cases, the business may provide different working hours in the Non-disclosure agreement or terms and conditions agreement, in that case, 26.1, 26.2 and 26.3 of the employer policy shall not be applicable.

  1. ACKNOWLEDGEMENT
  • 27.1 I acknowledge that I have reviewed the above listed policies and guidelines of the M/S BISJHINTUS PRIVATE LIMITED and understand my responsibility.
  • 27.2 I agree to abide by the aforementioned policies and I understand that my failure to follow the policies may result in disciplinary action, up to and including dismissal.

  1. CONTACT
  • If you have any queries regarding the policy, you can feel free to mail us :- [email protected].