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Conflict
Resolution Process
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1.Administrative
Process
| a. |
Palm
InfoTech Pvt. Ltd. employees have the right to present
complaints concerning their wages, hours of work, or
conditions of work. This regulation applies to complaints
by all the categories of employees enumerated above.
|
| b. |
Any
retaliatory action, including a reprimand, taken against
an employee for exercising this right is prohibited
and may be considered a separate and distinct cause
for complaint. |
| c. |
Most
problems or complaints can be resolved through discussions
between the employee and the immediate supervisor. If
this does not produce a satisfactory result, the employee
may present a complaint under the provisions of this
regulation. |
| d.
|
The
Executive Officer or other officer performing that function
on behalf of Palm InfoTech Pvt. Ltd. will be responsible
for administration and interpretation of this System
regulation. The Executive Officer is authorized to appoint
representatives to perform any or all of the duties
described in this regulation. All references in this
regulation to "Executive Officer" include any such representative.
If circumstances warrant, the Executive Officer (EO)
may arrange for another appropriate designee to perform
the duties of this nature. |
| e. |
This
regulation includes procedural steps that may need to
be modified to provide a fair and workable process for
employees stationed away from the company's headquarters
or employees visiting the fields. The EO is authorized
to modify this process when required by the organizational
structure or geographical dispersion of employees. Any
modified procedures must conform in principle with the
procedures established in this regulation. |
| f. |
Each
unit of the company will publish a rule establishing
specific responsibilities and timing for each of the
steps outlined in this regulation, including specific
mediation procedures. Unit rules, where they are different
from the general rules, must be reviewed by the Executive
Officer (EO) and the Human Resources Unit (HRU). |
| g. |
If
at any stage of this process the employee files a formal
complaint with an external compliance agency alleging
that he or she has been illegally discriminated against,
the Executive Officer or the Human Resources Unit (HRU),
whichever applicable will immediately advise the Executive
Committee of the complaint. Complaints of illegal discrimination
are to be handled in accordance with applicable laws
of the kingdom of Nepal. |
| h. |
If
the employee intends to have a representative present
at any of the meetings described in this procedure,
he or she must notify the person with whom the meeting
is to be held (or the human resources officer) of the
name of such person and whether or not that person is
an attorney. If a representative of the employee is
to attend any meeting, the administration may request
that a representative from the Executive Committee be
present. If the employee appears with a representative
without having given the notice described above, the
employer may postpone the meeting. |
| i. |
System
employees may present complaints individually and/or
through a representative. Any representative of an employee
under this process may not be acting as an official
representative of an organization that claims the right
to strike. If a representative is a coworker of the
employee, the representative may not receive reimbursement
for salary, travel, or per diem for activities related
to such representation. The representative employee
may take vacation leave, compensatory leave, or leave
without pay to represent the aggrieved employee, in
compliance with the policies, regulations, and rules
for such leaves. |
| j. |
In
the informal process, if a supervisor is a Unit Head,
or higher, any reference to "Unit Head" will refer to
the next higher-level administrator. |
| k. |
The
following acts on the part of the employee may constitute
abandonment of a complaint:
i, |
failing
to respond or take an action required by the process
within the time limit specified by the component's
rule; |
ii, |
failing
to appear for a meeting scheduled under Sections
2 or 3 without adequate cause; or |
iii, |
otherwise
failing to advance the complaint in a timely manner,
as determined by the Executive Officer. The human
resources unit officer may unilaterally declarea
complaint to be abandoned and close the file,
or may undertake a review of the status of the
complaint upon request of the department head
or other representative of the Company. No further
action or appeal will be allowed following such
determination of abandonment and closure of the
file. |
|
| l. |
An
employee may submit to the Executive Officer a written
request for a delay or extension of time because of
inability to appear for a scheduled meeting, or inability
to comply with an established deadline for action under
the unit rule. Such request must state the circumstances
that caused the employee to be unable to meet the time
requirement. The Executive Officer may approve such
a request only when the delay is reasonably justified.
An employee may make more than one request for a delay
during the course of a complaint proceeding, but each
request will be considered separately by the Executive
Officer for purposes of determining whether the delay
is reasonably justified. |
| m. |
The
employee and the unit head may mutually agree to a rescheduling
or delay of any action or meeting required by this regulation
or a component rule, and shall notify the Executive
Officer in writing of such agreement. |
2. Informal
Complaints
a. |
An
employee is encouraged to first discuss a complaint
with his or her immediate supervisor or, if the employee
does not feel comfortable discussing the complaint with
his or her supervisor, the employee may request a meeting
with the Executive Officer. The Executive Officer may
take a statement from the employee and provide the statement
to the unit head. In addition, the Executive Officer
may provide information and assistance to the employee
concerning policies, regulations, rules and procedures,
including an explanation of available options, and may
assist the employee with any other step in the complaint
and appeal process. |
| b. |
If
the complaint is not resolved through informal discussions
with the supervisor, the employee may request a meeting
with his or her unit head. The purpose of the meeting
will be to seek a mutually satisfactory resolution through
discussion. The employee may request the meeting personally
or may request that the Executive Officer make the arrangements.
|
| c. |
The
Executive Officer may attend the meeting to serve as
a facilitator and/or to provide assistance in interpreting
polices, regulations, rules and procedures. The Executive
Officer may not serve as advisor to either party at
the meeting. |
d.
|
The
unit head may attend the meeting if agreeable to the
employee and his or her unit head. |
| e. |
The
unit head may advise the employee of the decision at
the time of the meeting and soon after must provide
a written decision to the employee and send copies to
the Executive Officer. |
3. Formal
Complaints
a. |
Although
employees are encouraged to follow the informal complaint
process first, employees may file a formal complaint
within the deadline without first going through the
informal process. The formal process begins when the
employee completes a complaint form and delivers the
form to the Executive Officer. Delivery may be by letter
delivered in person, telefax, by registered mail (certified
mail, return receipt requested. The forms are available
from the office of the Admin Assistant. |
b. |
The
Executive Officer is available to answer questions regarding
the complaint form and policies, regulations, rules
and procedures and to provide assistance as needed,
such as when an employee has communication difficulties
due to language barriers or has a disability. |
| c. |
The
Executive Officer will retain the original complaint
form and forward copies to the Executive Committee,
the respondent and to the Admin Assistant designated
to review complaints under this regulation. The Executive
Officer also will facilitate and coordinate the investigation
of the complaint. |
| d. |
The
Admin Assistant will review the complaint and provide
a written decision to the employee based on the merits
of the complaint. A copy of the decision will be sent
to the Executive Officer. This will be the final decision
on the complaint. |
4.
Mediation
| a. |
At
any point in the informal or formal complaint process
before the Admin Assistant issues a decision an employee
may request a facilitated discussion or mediation. |
| b. |
The
following actions are not eligible for mediation under
the terms of this regulation: |
i. |
non-renewal
of a written contract of employment for a specific term, |
ii. |
termination
of an employee due to lack of funds, |
iii. |
termination
of a probationary employee's employment, and |
| |
iv. |
the
voluntary resignation of an employee due to the employee's
perception of unsatisfactory working conditions. |
| c. |
Mediation
is not available for complaints regarding anyone missing
a deadline stated in a policy, regulation or rule, or
a supervisor's failure to follow all steps of the regulation. |
| d. |
If
an employee fails to appear for a scheduled meeting
for mediation, the Executive Officer may cancel the
mediation if the mediator determines that the employee
had been given adequate notice of the time, place, and
purpose of the mediation. The informal and formal complaint
procedures will remain available to the complainant,
but mediation is no longer an option. |
| e. |
A
settlement by the parties of some or all issues in the
case, at any stage of the proceedings, will close the
mediation with regard to any issues settled. Issues
settled in the informal or formal stages of the complaint
procedure will not be reopened during mediation. Issues
not settled before or during mediation will be resolved
through the process in section 5 of this regulation.
|
| f. |
Agreements
will be set forth in a memorandum of understanding.
All parties must agree to the wording of the memorandum
and parties to the mediation must sign the memorandum
stating their understanding and full agreement of these
terms. |
5.Resolution
if mediation agreement is not reached
| a. |
If
mediation ends without full agreement, the concerned
parties are at liberty to the services of a Government
Court and all information related to the complaint,
except that which was revealed during the mediation
process, will be passed on by the Executive Officer
to the same. |
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