Data Loading...
Sample AUS Flipbook PDF
Sample Ebook
103 Views
46 Downloads
FLIP PDF 514.7KB
TikTok Australia Employee Handbook
Effective Date 28 September 2020
TIKTOK AUSTRALIA PTY LTD
1
TikTok Australia Employee Handbook COVERAGE OF HANDBOOK This Employee Handbook (Handbook) applies to all employees of TikTok Australia Pty Ltd and related bodies corporate as defined in the Corporations Act 2001 (Cth) (collectively and severally, the Company). This Handbook may also apply to other persons who perform work for the Company (including contractors, subcontractors and labour hire workers, work experience students or trainees) where indicated in the policies contained within the Handbook. These persons are collectively referred to as "Workers" in this Handbook. Serving as one of the governance principles of the Company to be observed by all Employees in their daily operations, this Handbook shall take effect as of the date on which it is issued. Interpretation of this Handbook will be the responsibility of HR, which also has the right to update and amend this Handbook from time to time and release all updates and amendments to all Employees via all Company channels then available (including but not limited to email and other forms of communication). This Handbook supersedes and replaces any and all prior Handbooks and any inconsistent verbal or written policy statements. Circumstances will undoubtedly require that the policies, practices, and benefits described in the Handbook change from time to time. Accordingly, the Company reserves the right to revise, modify, rescind, delete, or add to the provisions of this Handbook from time to time in its sole and absolute discretion. The Company will attempt to provide Employees with notice of such changes when they occur, and the revised versions of these documents will be published on the Company's intranet system platform. No oral statements or representations can, in any way change or alter the provisions of this Handbook.
INTERACTION WITH OTHER INSTRUMENTS AND LAWS If an employee's employment is covered by an industrial instrument such as a modern award, collective agreement or National Employment Standard set out in the Fair Work Act 2009 (Cth), this Handbook must be read in conjunction with the terms of the applicable industrial instrument. The contents of this Handbook are not intended to override any rights and obligations under any applicable industrial instrument or legislation. Further, the Company will not follow this Handbook if this may result in the breach of any applicable industrial instrument or legislation. This Handbook also refers to legislation. This legislation may change from time to time and may therefore affect the contents of this Handbook. The policies contained in this Handbook are policies only and do not form a contract or part of the Company's contract of employment with any of its employees. To the extent that the policies contained in this Handbook require employees to do or refrain from doing something, they form a direction of the Company with which employees must comply. The fact that a particular policy is not referred to or included in this Handbook does not nullify that policy's application.
COMPANY PROFILE Founded in 2012, ByteDance's content platforms enable people to discover a world of content powered by AI technology. We have developed a diverse portfolio of products that are popular around the world. These include content discovery platforms Toutiao, News Republic, TopBuzz and BuzzVideo, as well
TIKTOK AUSTRALIA PTY LTD
2
as short-form video communities musical.ly, TikTok and Vigo Video. As of March 2018, ByteDance's products are available in over 40 countries and markets including China, Japan, South Korea, India, North America, Europe, Latin America, and Southeast Asia. As a mobile internet Company, we pursue our Company vision of becoming a global creation and interaction platform. We believe in taking on big challenges with the best people; we have a nimble and non-hierarchical organizational structure to encourage transparency and sharing. We attract and hire self-driven Employees by setting big, audacious goals. Within the Company, we promote “ByteStyle” that summarizes our cherished Company values and has played a vital role in our success. We hope that all Employees will act with the following ByteStyles, to realize our vision side-by-side: 1. 2. 3. 4. 5. 6.
Aim for the Highest Be Grounded & Courageous Be Open & Humble Be Candid & Clear Always Day 1 Championing Diversity and Inclusion
The Company is here to support all of our Employees and to do our utmost to create a safe, respectful, and inclusive workplace for Employees to realize their potential. CONTENTS OF HANDBOOK Included in the Handbook are the Company's policies on: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
Leave; Privacy; Equal Employment Opportunity, Anti-Discrimination and Harassment; Bullying; Grievances and Complaints; Workplace, Health and Safety; Workplace Guideline; Workplace Violence Prevention and Safety Policy Information Technology usage; Workplace Security and Surveillance; Social Media
QUESTIONS Please refer any questions regarding this Handbook to Human Resources (HR). This Handbook is adopted for and on behalf of the Company by:
Zhao Tian (Tina) Director
TIKTOK AUSTRALIA PTY LTD
3
LEAVE 1.
Introduction 1.1
The Company recognises the value of an effective break from the working environment. Time away from the workplace to recharge and relax is encouraged and should be an opportunity for all employees to meet personal, family and community commitments whilst ensuring that business objectives are met.
Scope, Purpose, Review and Refresher 1.2
This Policy applies to all employees of TikTok Australia Pty Ltd and related bodies corporate as defined in the Corporations Act 2001 (Cth) (collectively and severally, the Company).
1.3
This document is a policy only and does not form a contract or part of the Company's contract of employment with employees. Where this Policy requires employees to do or refrain from doing something, it forms a direction of the Company with which employees must comply.
1.4
As this Policy summarises legislation, it should be read in conjunction with the relevant legislation. The Company will also review this Policy from time to time and may change its contents in line with changes in legislation and business needs, or otherwise at the Company’s absolute discretion. This document is not intended to override any rights and obligations under any applicable industrial instrument, (such as a modern award or collective agreement) or legislation. The Company will not follow this document if this may result in the breach of an industrial instrument or legislation.
Types of Leave 1.5
This Policy outlines the nature of the various types of leave offered by the Company and procedures that employees must follow to take the various types of leave. The types of leave available to employees include: •
Annual Leave;
•
Personal (Sick & Carer's) Leave;
•
Parental Leave;
•
Leave without Pay (LWOP);
•
Long Service Leave (LSL);
•
Compassionate (Bereavement Leave);
•
Community Service Leave;
•
Jury Duty;
•
Public Holidays;
•
Family and Domestic Violence Leave; and
•
Volunteer Leave.
TIKTOK AUSTRALIA PTY LTD
4
2.
Annual Leave 2.1
Employees are entitled to paid Annual Leave in accordance with the terms of the National Employment Standards set out in the Fair Work Act 2009 (Cth) (NES). For full-time employees, this entitlement equates to four (4) weeks (or twenty (20) working days) paid leave for each twelve (12) months of service with the Company. Part-time employees accrue Annual Leave on a pro-rated basis, based on their ordinary hours of work. Casual employees are not entitled to paid Annual Leave.
2.2
Annual Leave accrues progressively throughout the year and any unused Annual Leave entitlements will be carried over into the next year of service.
2.3
All Annual Leave entitlements must be utilised before any consideration of leave without pay by the Company.
2.4
Annual Leave does not accrue during any period of unpaid leave, including Parental Leave.
2.5
Annual Leave should be taken at such time as agreed by the employee and the Company, taking into account operational requirements and business needs.
2.6
The Company may require employees to take Annual Leave during the Christmas / New Year period or any other notified shut down period. Where an employee's accrued Annual Leave balance is not sufficient, any remaining part of the shut down period may be taken as unpaid leave. The Company will provide a minimum of eight (8) weeks’ notice to employees in the event of any shut down period.
2.7
On termination of employment, all accrued untaken Annual Leave entitlements will be paid out.
Applications for Annual Leave 2.8
Employees are required to submit a request for Annual Leave using the Leave Application Form in Workday, ensuring reasonable notice is provided to their line manager. Where possible, an employee should give a minimum of four (4) weeks' prior notice to give the Company a better opportunity to accommodate the request for leave.
2.9
All Annual Leave must be approved by the Company in advance of taking the Annual Leave. Employees should not assume that their request for Annual Leave will be automatically approved and should take this into consideration before booking and payment of any holiday related expenses.
2.10
The Company will either approve or deny the request for leave based on operational business requirements at the time of the requested leave in consultation with the employee.
Illness or Injury whilst on Annual Leave 2.11
In the event that an employee becomes ill or injured whilst on Annual Leave to the extent that medical treatment is required, then the employee should obtain a medical certificate from their doctor or registered health care practitioner.
2.12
The employee should then notify their line manager and HRBP immediately at the time of the injury or illness.
2.13
Upon return to work, the employee is required to submit an amended leave form along with the medical certificate referred to above.
TIKTOK AUSTRALIA PTY LTD
5
2.14
Subject to the provision of reasonable medical evidence, the employee’s Annual Leave entitlements will then be credited and the leave deducted from the employee’s Personal Leave entitlements.
Advance on Annual Leave 2.15
Annual Leave may not be taken in advance of it being accrued. Annual Leave will only be paid if the employee has the necessary accrued Annual Leave entitlements available.
2.16
In the event that an employee does not have the necessary amount of accrued Annual Leave to cover their requested leave period, then the employee will be required to take this as unpaid leave.
Excessive Annual Leave Balances 2.17
The Company does not allow employees to accrue an Annual Leave balance in excess of eight (8) weeks. If an employee has accrued an excessive amount of Annual Leave, the Company may, in accordance with the NES and any applicable industrial instrument, direct the employee to take Annual Leave at a time mutually agreed with the employee.
Cashing out Annual Leave 2.18
It is important for health and well-being that employees take their accrued Annual Leave on a regular basis (that is, at least once a year). Therefore, the ability of employees to "cash out" accrued Annual Leave entitlements is not automatic.
2.19
The Company will consider employee requests to cash out Annual Leave entitlements at its absolute discretion, and on a case-by-case basis, taking into account the terms of the NES and any applicable industrial instrument.
2.20
Generally speaking, the following conditions must be met in order for employees to be able to cash out Annual Leave: • Employees must retain at least four (4) weeks of Annual Leave after cashing out any accrued entitlements; • A written agreement must be signed by both the employee and the Company detailing the amount of leave being cashed out, the amount to be paid to the employee and the date it will be paid.
2.21
Any payments made to an employee by way of an agreed cashing out of Annual Leave arrangement will be paid at the full amount that would have been payable to the employee had they taken the leave.
2.22
If an employee is covered by a modern award, the conditions for cashing out of Annual Leave may vary. Please speak to your HRBP upon your application for cashing out Annual Leave.
3.
Long Service Leave 3.1
Long Service Leave (LSL) is a period of paid leave an employee can take after a certain period of continuous service with the Company.
3.2
The amount of LSL that an employee accrues will depend on the employee's commencement of employment with the Company and period of continuous service. For further information about LSL entitlements or the rules relating to the taking of such leave, please contact HR.
TIKTOK AUSTRALIA PTY LTD
6
3.3
Upon termination of employment, an employee will receive payment for accrued but untaken LSL, as required by legislation.
3.4
Employees are entitled to LSL in accordance with applicable industrial instruments and/or legislation as in force from time to time. Entitlements to LSL and the rules relating to the taking of such leave vary from State to State.
3.5
Some casual employees may also be eligible for LSL and should discuss their eligibility with their HRBP.
3.6
LSL is to be taken at a mutually convenient time for the individual employee and the Company. To ensure that the Company has adequate time to assess requests for LSL, employees are required to give at least eight (8) weeks' notice of their intention to take LSL. LSL can be taken in one continuous period of leave or as mutually agreed by the Company and the employee in line with the relevant legislation.
3.7
An employee may request for their payment of LSL to be paid in full at the start of their leave period or elect to have their LSL payments made during their normal regular pay intervals, whilst on LSL.
3.8
Work related expense allowances are not paid during a period of LSL (e.g. car allowance, mobile phone allowance,
3.9
LSL entitlements cannot be paid out during employment and must be taken as paid leave. Upon termination of employment, an employee will receive payment for accrued but untaken LSL, as required by legislation.
4.
Personal (Sick & Carer's) Leave 4.1
Personal (Sick & Carer's) Leave provides the opportunity for eligible employees to take paid time off work when they are sick or in some instances when they are caring for a family member.
4.2
Full-time and part-time employees are entitled to paid Personal (Sick & Carer's) Leave in accordance with the terms of the NES. Permanent full-time employees are entitled to ten (10) paid days' Personal (Sick & Carer's) Leave each year. This amount is pro-rated for parttime employees based on their ordinary hours of work. Casual employees are not entitled to paid Personal (Sick & Carer's) Leave.
4.3
Personal Leave accrues progressively throughout the year and accrued but untaken Personal Leave accumulates from year to year. Accrued but untaken Personal Leave will not be paid out on termination of employment with the Company.
4.4
Personal Leave may be used when an employee is ill or injured, or may be taken as Carer's Leave when an employee has to take time off to care for an immediate family or household member who is sick or injured, or to help in the event of a family emergency.
4.5
In the event that an employee wishes to use Carer's Leave, an immediate family member is defined as: •
Spouse or former spouse;
•
De facto partner or former de facto partner;
•
Child;
•
Parent;
TIKTOK AUSTRALIA PTY LTD
7
•
Grandparent;
•
Grandchild;
•
Sibling;
•
Child, parent, grandparent or sibling of the employee's spouse or de facto partner (or former spouse or de facto partner).
4.6
The above definitions include step-relations (e.g. step-parent and step-children) as well as adoptive relations.
4.7
A household member is defined as anyone who lives with the employee.
4.8
Where an employee is not entitled to take paid Carer's Leave because they are a casual employee or a full-time / part-time employee who has exhausted their paid Personal Leave accruals, the employee is entitled to take two (2) days of unpaid Carer's Leave for each permissible occasion.
Applications for Personal Leave 4.9
Employees must satisfy notice and evidence requirements in accordance with the NES to be entitled to Personal Leave.
4.10
If an employee is unable to report to work as scheduled, they should notify their line manager by telephone, Lark or email of their intention to take Personal Leave as soon as possible, and where possible at least two (2) hours prior to an employee's agreed starting time. It is not acceptable for employees to communicate their absence to their work colleagues without personally reporting the same to their line manager.
4.11
Employees are also required to keep their line manager informed of when they expect to return to work.
4.12
Upon the employee's return to work, they are required to complete the Leave Application Form in Workday, submit it to their line manager for authorisation, and forward the approved application to payroll for processing.
4.13
Employees who are absent on Personal Leave in excess of two (2) consecutive days, or on the working day before or after a public holiday or weekend, are required to provide a medical certificate from a qualified medical practitioner/health care professional or a statutory declaration (if a medical certificate is not reasonably practicable).
4.14
At the Company's discretion, employees may also be required to provide a medical certificate from a qualified medical practitioner/health care professional or statutory declaration (if a medical certificate is not reasonably practicable) for a single or two (2) day absence (for example, if the employee has had a number of such absences throughout the year or if their Personal Leave entitlements for the year have been fully used up).
4.15
Notwithstanding the above, the Company may also require employees to: •
provide reasonable evidence, (for example, a medical certificate or a statutory declaration); and/or
•
attend a medical examination,
at any time and at its discretion to determine the employee’s fitness for work.
TIKTOK AUSTRALIA PTY LTD
8
4.16
Where an employee does not notify the Company within the specified period of their intention to take Personal Leave and/or provide evidence substantiating their request for Personal Leave, payment of Personal Leave may be forfeited.
4.17
The Company does not grant Personal Leave in advance of an employee's entitlement being accrued. Any absence that arises where an employee does not have a current entitlement will be treated as unpaid leave.
4.18
Subject to applicable laws, access to Carer's Leave does not apply during a period of Annual Leave.
5.
Parental Leave 5.1
This section on Parental Leave sets out the Company's position on employees taking Parental Leave, which includes maternity, paternity and adoption leave. The Company provides unpaid Parental Leave benefits in accordance with applicable laws.
Overview of Benefit 5.2
Parents-to-be with twelve (12) months' or more continuous employment (both full or parttime) with the Company immediately before the birth, expected birth, or placement of a child are entitled to Parental Leave, which is described below. Some casual employees may also be eligible for Parental Leave and should discuss their eligibility with their HRBP.
5.3
In accordance with the terms of the NES, an employee who will have responsibility for the care of a child after a birth or adoption can take up to twelve (12) months of Parental Leave, inclusive of paid leave (e.g. Annual Leave and LSL).
5.4
Parental Leave includes unpaid adoption leave, which can be taken to coincide with the adoption by an employee of a child under the age of 16 and taken within twelve (12) months of the child's placement. The maximum period of unpaid adoption leave is twelve (12) months, as above.
5.5
Under Australian law, parents can choose which parent will be the primary caregiver of a child and can take turns at being the primary caregiver in the statutory twelve (12) month Parental Leave period. However, both parents cannot claim Parental Leave from their respective employers simultaneously, except in certain circumstances (as set out below). For example, one parent may take six (6) months' Parental Leave, and the other may take Parental Leave when the other parent returns to work. Each parent may take up to twelve (12) months' Parental Leave where eligible pursuant to legislation (subject to any extensions, as discussed below).
5.6
Note: The term "parents" includes parents within a same-sex relationship.
Unpaid Pre-Adoption Leave 5.7
An employee is entitled to up to two (2) days of unpaid pre-adoption leave to attend any interviews or examinations required in order to obtain approval for the employee's adoption of a child. However, an employee is not entitled to take a period of unpaid pre-adoption leave if the employee could instead take some other form of leave.
Concurrent Parental Leave 5.8
In certain circumstances, both parents can take Parental Leave concurrently. Concurrent Parental Leave can be for a period of up to eight (8) weeks, which may be taken in separate periods of not shorter than two (2) weeks, unless otherwise agreed. Concurrent Parental Leave must not (unless otherwise agreed) start before:
TIKTOK AUSTRALIA PTY LTD
9
•
the date of birth of the child; or
•
if the leave is adoption-related leave, the day of placement of the child.
Leave Notification A) Notice 5.9
All employees intending to take Parental Leave must notify their line manager and HRBP of their intention by completing a leave request application in Workday. This application should be completed and provided to the employee's line manager and HRBP at least ten (10) weeks before the employee intends to commence Parental Leave. This application must state the period of Parental Leave requested and the expected return to work date (if the employee plans to come back) as early as possible.
B) Confirmation of leave period 5.10
At least four (4) weeks before an employee's intended start date of Parental Leave, the employee must: •
confirm the intended start and end dates of the leave with their line manager and HRBP; or
•
advise their line manager and HRBP of any changes to the intended start and end dates of the leave.
C) Documentation 5.11
Employees intending to take Parental Leave must provide: •
•
in the case of a birth: •
a doctor's certificate verifying her pregnancy or, as the case may be, his/her partner's pregnancy; and
•
a statutory declaration stating that his or her partner will not be the primary caregiver during the period of Parental Leave sought (except during periods of concurrent Parental Leave, as set out above).
in the case of adoption: •
documentation from the adoption agency verifying a planned adoption and the date, or expected date, of placement;
•
documentation verifying that the child is, or will be, under 16 years of age as at the date of placement; and
•
a statutory declaration stating that his or her partner will not be the primary caregiver during the period of leave sought (except during periods of concurrent Parental Leave, as set out above).
Special Maternity Leave 5.12
If any employee who is pregnant becomes ill because of her pregnancy, or her pregnancy ends within twenty-eight (28) weeks of the expected birth date other than by the birth of a living child, she may take Special Maternity Leave. Special Maternity Leave will comprise any paid Sick Leave to which an employee is entitled, and after that is exhausted, a period of leave without pay. If an employee proposes to take Special Maternity Leave, they will be required to provide the Company with a medical certificate in support of the proposed
TIKTOK AUSTRALIA PTY LTD
10
absence. An employee may take Special Maternity Leave for the duration specified in a medical certificate. 5.13
A female employee's entitlement to twelve (12) months of Parental Leave associated with the birth of a child will not be reduced by the amount of any Special Maternity Leave taken while she is pregnant.
5.14
Any entitlement to Parental Leave will cease if, before the commencement of Parental Leave, an employee's pregnancy (or partner's pregnancy) terminates other than by the birth of a living child. If an employee's pregnancy terminates other than by the birth of a living child after she commences Parental Leave, this will not affect her entitlement to unpaid Parental Leave.
Parental Leave Payment 5.15
Under the Federal Government's paid parental leave scheme, employees may be entitled to: •
government-funded parental leave pay (currently up to eighteen (18) weeks' pay at the national minimum wage) (Government Parental Leave Pay); or
•
government funded dad and partner pay (currently up to two (2) weeks' pay at the national minimum wage),
subject to meeting certain eligibility criteria. Both types of government-funded parental leave are publicly funded. However, Government Parental Leave Pay is paid through the Company's payroll. 5.16
For Primary Caregiver: up to eighteen (18) weeks' pay at the national minimum wage; the company will top up to 12 weeks base salary. For Secondary Caregiver: up to two (2) weeks' pay at the national minimum wage; the company will top up the 2 weeks' base salary.
Status of Employment and Employee Obligations 5.17
Whilst on Parental Leave, an employee is still employed by the Company and the leave does not break an employee's continuity of service. However, the period of Parental Leave does not count as service for the purposes of calculating service-related benefits such as Annual Leave, Sick Leave and LSL.
5.18
As an employee remains employed by the Company during all periods of Parental Leave, an employee must not act in any way which is inconsistent with his or her contract of employment or company policy while on Parental Leave. For example, an employee must not take up alternative employment without the Company's prior written permission.
Extension of Parental Leave 5.19
Once the employee has commenced an agreed period of Parental Leave, the agreed period may be extended up to a total of twelve (12) months.
5.20
In accordance with the NES, employees may request an extension of Parental Leave of up to twelve (12) months in addition to the twelve (12) month statutory entitlement referred to above, less any Parental Leave taken by the employee's spouse or de-facto partner. Such request must be made in writing to the employee's line manager and the HRBP no less than four (4) weeks prior to the scheduled end of an agreed period of Parental Leave. The amount of additional Parental Leave that the employee's spouse or de facto partner can request will be reduced by the amount of additional Parental Leave taken by the employee. In other
TIKTOK AUSTRALIA PTY LTD
11
words, parents can only take a maximum of twenty-four (24) months of Parental Leave between them. 5.21
The right to request an additional amount of Parental Leave beyond twelve (12) months (including Parental Leave taken by an employee's spouse or de facto) does not lead to an automatic right to take additional leave. The Company will decide all such requests on the basis of its operational needs at that time. The Company will respond to any request within twenty-one (21) days of receipt of the request.
Returning to Work 5.22
Employees on Parental Leave must confirm their intention to return to work by giving their line manager and HRBP four (4) weeks' notice prior to the return date. In the case of Parental Leave taken by a birth mother, the Company can require a medical certificate indicating the employee is fit to return to work.
5.23
An employee's position will generally be retained through the engagement of temporary staff during an absence on Parental Leave. He/she may resume the position held prior to the commencement of Parental Leave, if it is still available.
5.24
Employees are able to apply for flexible working arrangements upon return to work in accordance with applicable legislation. In particular, employees returning from Parental Leave may wish to apply for the following types of flexible working arrangements:
A) Fixed Part-Time Arrangements: 5.25
Employees may seek permission to work a fixed part-time arrangement on return to work from Parental Leave in accordance with applicable laws.
B) Flexible Hours: 5.26
Employees may seek permission to work flexible alternative hours (i.e. with start and finish times other than 9 to 5 pm) on return to work from Parental Leave in accordance with applicable laws.
5.27
All requests for flexible working arrangements will be subject to the Company's business needs at the relevant time.
6.
Special Leave 6.1
7.
The Company recognises that employees may require special leave from time to time and provides a range of special leave entitlements to assist employees, as set out below.
Compassionate (Bereavement) Leave 7.1
Full-time and part-time employees are entitled to two (2) days' paid Compassionate (Bereavement) Leave on each occasion when a member of an employee's immediate family or household contracts or develops a personal illness that poses a serious threat to his or her life, sustains an injury that poses a serious threat to his or her life, or dies.
7.2
In the event that an employee wishes to utilise Compassionate (Bereavement) Leave, an immediate family member is defined as: •
Spouse or former spouse
•
De facto partner or former de facto partner
TIKTOK AUSTRALIA PTY LTD
12
•
Child
•
Parent
•
Grandparent
•
Grandchild
•
Sibling
•
Child, parent, grandparent or sibling of the employee's spouse or de facto partner (or former spouse or de facto partner)
•
A household member is anyone who lives with the employee.
7.3
The above definitions include step-relations (e.g. step-parent and step-children) as well as adoptive-relations.
7.4
Compassionate (Bereavement) Leave for other relatives not defined above (e.g. cousins, aunts, uncles etc.) can be taken if they are a member of the employee’s household.
7.5
Paid Compassionate (Bereavement) Leave for full-time and part-time employees is calculated at ordinary pay rates.
7.6
Casual employees are entitled to take two (2) days' unpaid Compassionate (Bereavement) Leave for each permissible occasion (as set out above).
7.7
Compassionate (Bereavement) Leave can be taken as: •
a single continuous two (2) day period; or
•
two (2) separate periods of one (1) day each.
7.8
Employees do not accrue Compassionate (Bereavement) Leave and it does not come out of an employee’s personal or Annual Leave entitlements.
7.9
The Company reserves the right to require an employee to provide documentation to substantiate a claim for Compassionate (Bereavement) Leave.
7.10
In special circumstances, the Manager may in its sole discretion extend Compassionate (Bereavement) Leave on a case-by-case basis.
8.
Community Service Leave 8.1
The Company will grant unpaid leave days for eligible community service, as defined by legislation. Eligible community service includes voluntary emergency management activities.
8.2
Employees must provide the Company with notice by informing their line manager of their intention to take Community Service Leave as soon as practicable. Employees are also asked to specify the number of leave days sought at the time an application for Community Service Leave is made. The Company considers that a maximum of two (2) weeks' Community Service Leave per annum is reasonable. Additional Community Service Leave will be considered on application, if required.
8.3
The Company reserves the right to require an employee to provide documentation to substantiate a claim for Community Service Leave, (including proof of the requirement to attend the community service activity and of the employee's attendance at the activity).
TIKTOK AUSTRALIA PTY LTD
13
9.
Jury Duty 9.1
Jury duty or jury service falls under the provision of Community Service Leave.
9.2
All employees can take leave to attend jury selection and jury duty if summoned.
9.3
Employees are required to advise their line manager of the period of expected leave as soon as possible and to provide documentation from the court that they have been selected for jury duty.
9.4
Full-time and part-time employees are entitled to "make-up pay" in an amount equal to the difference between normal pay and any amount paid to the employee for attending jury service, to the extent required by law. In some instances, a casual employee may be entitled to make-up pay under applicable laws, and should discuss their eligibility with their HRBP.
9.5
An employee must provide evidence of the total amount of jury duty pay that has been, or will be, paid to the employee.
9.6
Courts generally pay a juror who completes jury duty directly by electronic funds transfer or cheque. As such, payroll will continue to process an employee’s salary as normal during a period of jury duty.
9.7
Upon completion of jury duty, an employee is required to provide their HRBP with a record of any monies paid to the employee by the courts. The total amount paid by the courts will then be deducted out of the employee's next normal pay cycle, in accordance with applicable laws.
10.
Leave without Pay (LWOP)
10.1
Once an employee has exhausted other paid leave entitlements, the employee may request leave without pay (LWOP) for up to four (4) weeks to deal with special circumstances.
10.2
Situations where an employee may utilise LWOP are: •
during a company shut down period where an employee does not have enough Annual Leave accrued;
•
to proceed on extended holiday/travel (for example, wedding, honeymoon etc.);
•
to undertake a study program;
•
to undertake voluntary work (for example, defence force camps or training activities); or
•
to attend to personal matters where an extended period of leave is required (for example, extended Sick Leave).
10.3
The granting of LWOP is at the Company's sole and absolute discretion. Any requests will be considered by the employee's line manager and HRBP on an individual basis, having regard to the following considerations: •
the reason for the request;
•
other matters which the Company believes are reasonable;
•
the length of the requested leave;
•
the timing of the requested leave; and
TIKTOK AUSTRALIA PTY LTD
14
•
operational requirements of the business at the time of the requested leave (including whether a temporary replacement is both possible and practicable).
10.4
All requests require approval from an employee's manager and HRBP.
10.5
The Company will also consider applications for extended LWOP (i.e. requests for LWOP for a period greater than four (4) weeks) on an individual basis, taking into account the above considerations. An extended LWOP will generally be for no more than three (3) months in duration.
10.6
A LWOP will not be considered a break in an employee's continuity of service. However, the period of any LWOP will not be taken into account for the purposes of calculating any service-related benefits; including the accrual of Annual Leave, Personal (Sick & Carer's) Leave and Long Service Leave entitlements.
10.7
No remuneration (including with respect to payment for public holidays) or superannuation payments will be made during a period when an employee is on LWOP.
Applications for LWOP 10.8
Employees are required to submit a request for LWOP in writing, ensuring that a minimum of three (3) months’ notice is provided.
10.9
Employees should not assume that their request for LWOP will be automatically approved and should take this into consideration in making their request.
10.10
The Company will either approve or deny the request for LWOP based on operational business requirements at the time of the requested leave, and other relevant matters as set out above.
10.11
If an employee's application for LWOP is approved, the approved application will be forwarded to payroll for processing. Prior to processing, payroll will also confirm that the employee has exhausted all relevant paid leave accruals and is entitled to LWOP.
11.
Public Holidays
11.1
Employees are entitled to be paid when they are absent from work on a public holiday in accordance with the NES.
11.2
Each state or territory may have different approved public holidays. In regional locations where the state or territory declares a show day as a gazetted public holiday, then the Company will determine if an employee is entitled to this day as a paid public holiday based on their primary location of work.
11.3
If an employee’s ordinary day of work does not fall on a public holiday (e.g. if they are a permanent part time employee or a rostered employee), then there is no entitlement to be paid for a public holiday if it is not considered the employee’s normal day of work.
11.4
Subject to applicable laws, casual employees are not entitled to any paid public holidays.
12.
Unpaid Family & Domestic Violence Leave
12.1
All employees (including part-time and casual employees) are entitled to five (5) days unpaid family and domestic violence leave each year in accordance with the NES.
12.2
An employee may take unpaid family and domestic violence leave if: (a)
the employee is experiencing family and domestic violence;
TIKTOK AUSTRALIA PTY LTD
15
12.3
12.4
(b)
the employee needs to do something to deal with the impact of the family and domestic violence; and
(c)
it is impractical for the employee to do that thing outside the employee’s ordinary hours of work.
Family and domestic violence means violent, threatening or other abusive behaviour by an employee’s close relative that: •
seeks to coerce or control the employee; and
•
causes them harm or fear.
A close relative is a member of the employee's immediate family and includes an employee's: •
spouse or former spouse
•
de facto partner or former de facto partner
•
child
•
parent
•
grandparent
•
grandchild
•
sibling or
•
is related to the employee according to Aboriginal or Torres Strait Islander kinship rules.
13.
Volunteer Leave
13.1
Employees may request up to two (2) business days per calendar year to volunteer during normal work hours.
13.2
Employees need to provide documentation to substantiate the employee's attendance at the activity.
TIKTOK AUSTRALIA PTY LTD
16
PRIVACY POLICY 1.
Introduction 1.1
As a result of an employee's employment with TikTok Australia Pty Ltd or its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (the "Company"), the Company may collect, store, use and transfer (including out of Australia) Personal Information related to the employee.
1.2
The Company is wholly committed to meeting the obligations of the Privacy Act 1988 (Cth) (Act) as it relates to private sector organisations. This Policy describes the management of employee personal information by the Company.
Definitions 1.3
In this Policy: "Act" means the Privacy Act 1988 (Cth). "Company" means, collectively and severally, TikTok Australia Pty Ltd and related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth). "Contractor" means any person engaged by the Company under a contract for services. "Employee" means a person employed by the Company. “Individual” means an Employee or Contractor. "Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable (a) whether or not the information or opinion is true; and (b) whether or not the information or opinion is recorded in a material form. "Required Recipients" has the meaning set out in clause 6.2 below. "Sensitive information" is Personal Information which may include, but is not limited to, information or an opinion about membership in a professional or trade association, or membership in a trade union, or information about any criminal record or health information.
2.
The kinds of Personal Information that the Company collects 2.1
In the course of carrying out its functions and activities the Company will collect and hold certain Personal Information about its Employees and Contractors, including in its human resources records, on its email servers, on contracts, in contact lists and as part of its business records.
2.2
Records held by the Company may include an individual's name, address and contact details, date of birth, marital status, next of kin, educational background, employment history, health and workers' compensation history, job title, areas of expertise, details of salary, remuneration and benefit entitlements, bank details, performance appraisals, performance and misconduct complaints, and counselling and salary reviews.
3.
How the Company collects Personal Information 3.1
The Company will collect Personal Information about its Employees and Contractors either: (a)
directly from the Individual: or
TIKTOK AUSTRALIA PTY LTD
17
(b)
where it is unreasonable or impracticable to collect the information directly, or where the Company has consent from the Employee or Contractor, the Company will collect Personal Information from third parties.
3.2
Third parties from whom the Company may collect Personal Information include business entities and governmental agencies, such as courts, public agencies, law enforcement agencies and credit bureaus, regardless of whether such individual, business entity or governmental agency compiled the information itself or received it from other sources.
3.3
The Company may collect Personal Information via a third party collection agency and/or via representatives of the third party collection agency.
3.4
The Company may collect Personal Information about its Employees, Contractors, and prospective Employees and Contractors, by conducting background checks in relation to their employment or engagement, and/or their application for such employment or engagement with the Company from time to time, including without limitation: searches for any criminal records, employment and education verifications, personal credit history based on reports from any credit bureau, driving history (including any traffic citations), criminal and civil history/records, and any public record.
4.
How the Company holds Personal Information 4.1
The Company has a responsibility to ensure that it complies with relevant privacy and recordkeeping legislation, including but not limited to the Act.
4.2
HR is responsible for maintaining employment records that contain Personal Information. The Company maintains records of Personal Information in paper files and in electronic form. The Company maintains access privileges and physical security measures that protect Employees' and Contractors' information from unauthorised disclosure.
4.3
Employees and Contractors have a responsibility to ensure that their respective employers have up-to-date and accurate Personal Information about them. If an Individual's circumstances change so that Personal Information about the Individual needs to be changed, the Individual needs to inform HR about those changes. Employees and Contractors may also be asked to update their Personal Information from time to time.
5.
Use of Employment and Contractor Personal Information 5.1
The Company will use Personal Information for a variety of human resources, administration and general business management purposes associated with the business of the Company.
5.2
For the avoidance of doubt, the Company may use Personal Information (including without limitation, Sensitive Information) to: (a)
manage the employment relationship, including work responsibilities, training, Annual Leave, Personal and carer Leave and LSL;
(b)
administer payroll;
(c)
improve or maintain the administration of employee benefits;
(d)
operate performance and performance reviews;
(e)
procure services or manage contractor relationships;
(f)
investigative or disciplinary action to ensure employees comply with applicable law, the Company's policies and procedures, and to keep physical premises secure.
TIKTOK AUSTRALIA PTY LTD
18
6.
(g)
operate IT or communications systems; and
(h)
comply with record keeping or other legal obligations.
Disclosure of Employment Records 6.1
The Company may transfer Personal Information about its Employees and/or Contractors between its related bodies corporate to facilitate centralised management of records and other functions, such as (where relevant) payroll and workers' compensation management.
6.2
The Company may also make Personal Information available, as needed, to legal and regulatory authorities (such as the Australian Taxation Office), to accountants, auditors, lawyers and other outside professional advisers, and to other companies that provide products and services to the Company (such as IT systems suppliers, superannuation scheme or medical benefits providers, information management or administration service providers).
6.3
Although most Required Recipients are located within Australia, others may be located or have relevant operations elsewhere. Therefore, it may be necessary to transfer Personal Information and/or Sensitive Information abroad. Some of the countries to which information is transferred may not have laws regulating the collection and disclosure of Personal Information or Sensitive Information. In these cases, the Company will take reasonable steps to ensure that the Required Recipients of the information do not breach the Act.
6.4
Employees and Contractors with responsibility for or access to Personal Information or Sensitive Information are obliged not to disclose or otherwise use Personal Information or Sensitive Information in a way that is inconsistent with this Policy or the Act. Unauthorised use of or access to Personal Information or Sensitive Information may lead to disciplinary action, up to and including termination of employment or engagement.
7.
Storage and Access to Personal Information 7.1
Personal Information is stored in hard copy personnel files, within the Company's secure document management system and on a hard drive maintained by HR. Access to these sources is restricted to authorised personnel.
7.2
The Company will not keep the Personal Information for any longer than necessary, either to comply with the law or to ensure that we are complying with our obligations.
7.3
Employees and Contractors may request access to their Personal Information. Such requests should be made in writing to HR, setting out the reason for requesting access and the manner of access requested. The Company will consider the request and allow access to and correction of the information, save and except for the following circumstances: (a)
the Company reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b)
providing access would have an unreasonable impact on the privacy of another individual;
(c)
the request is frivolous or vexatious;
(d)
the information relates to existing or anticipated legal proceedings between the Employee or Contractor and the Company, and the information would not be accessible by the process of legal discovery in those proceedings;
TIKTOK AUSTRALIA PTY LTD
19
7.4
(e)
giving access would reveal the Company's intentions in relation to negotiations with the Employee or Contractor and prejudice those negotiations for the Company;
(f)
the Company has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the Company's functions or activities has been, is being or may be engaged in, and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
(g)
providing access would be unlawful or if denying access is required or authorized under Australian law or a court/tribunal order;
(h)
giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
(i)
giving access would reveal evaluative information generated within the Company in connection with a commercially sensitive decision-making process. Employees are able to request access to Personal Information contained in their personnel files or other storage deposits which are also an employee record of the kind prescribed by the Fair Work Regulations 2009 (Cth). This includes records of basic employment details, such as an employee's name and the nature of their employment, pay, overtime hours, averaging arrangements, leave entitlements and superannuation contributions.
Making a Complaint
8. 8.1
If an Employee or Contractor has a question or complaint regarding the Company's compliance with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) or this Policy, the Employee or Contractor may raise their question or complaint to the Company’s Ethics Office.
8.2
If an Employee or Contractor is not satisfied with the outcome of the complaints process referred to in section 8.1 above, they may raise the matter with a director of the Company or discuss their concerns with the Office of the Australian Information Commissioner.
TIKTOK AUSTRALIA PTY LTD
20
CONFLICTS OF INTEREST AND CONFIDENTIALITY POLICY 1.
Conflicts of Interest 1.1
The Company expects all employees to conduct themselves and company business in a manner that reflects the highest standards of ethical conduct, and in accordance with all federal, state, and local laws and regulations. This includes avoiding actual and potential conflicts of interests and unethical business practices.
1.2
The Company recognizes and respects an employee's right to engage in activities outside of employment which are private in nature and do not in any way conflict with or reflect poorly on the Company, as well as an employee's right to engage in Protected Activity.
1.3
The list below suggests some of the types of employee activities that may amount to conflicts of interest or improper behaviour, unacceptable personal integrity, or unacceptable ethics: (a)
Simultaneous employment by another firm that is a competitor of or supplier to the Company, while employed by the Company.
(b)
Carrying on Company business with a firm in which the employee, or a close relative of the employee, has a substantial ownership or interest.
(c)
Holding a substantial interest in, or participating in the management of, a firm to which the Company makes sales or from which it makes purchases. As an example, holding 1% or more of the shares of a company is considered a substantial interest.
(d)
Borrowing money from customers or firms, other than recognized loan institutions, from which the Company buys services, materials, equipment, or supplies.
(e)
Accepting substantial gifts or excessive entertainment from an outside organization or agency.
(f)
Speculating or dealing in materials, equipment, supplies, services, or property purchased by the Company.
(g)
Participating in civic or professional organization activities in a manner that divulges confidential Company information.
(h)
Misusing privileged information or revealing confidential information.
(i)
Using one's position in the Company or knowledge of its affairs for personal gains.
(j)
Engaging in practices or procedures that violate laws regulating the conduct of Company business, including but not limited to antitrust laws, commercial bribery laws, copyright laws, discrimination laws, and campaign contribution laws.
1.4
2.
If an employee is involved in any circumstance that creates an actual or potential conflict of interest, the employee must promptly and fully disclose the circumstance to their manager or the HR team via the People System for a determination about whether an actual conflict exists.
Employment of Relatives and Domestic Partners 2.1
Relatives and domestic partners may be hired by the Company if: (a)
the persons concerned will not work in a direct supervisory relationship with the Employee to whom they are related, and
TIKTOK AUSTRALIA PTY LTD
21
(b)
the employment will not pose difficulties for supervision, security, safety, or morale.
(c)
For the purposes of this Policy, "relatives" are defined as spouses, children, siblings, parents, or grandparents. A "domestic partner" is generally defined as a committed relationship between two individuals who are sharing a home or living arrangements.
2.2
Employees who marry each other or become involved in a domestic partnership will be permitted to continue employment with the Company provided they do not work in a direct supervisory relationship with each other or otherwise pose difficulties as mentioned above.
2.3
If employees who marry or live together do work in a direct supervisory relationship with each other, the Company will attempt to reassign one of the employees to another position for which the employee is qualified, if such a position is available. If no such position is available, the employees will be permitted to determine which one of them will resign from the Company.
3.
Outside Employment 3.1
Employees are permitted to work a second job as long as it does not interfere with their job performance with, and responsibility to, the Company.
3.2
Employees with a second job are still expected to work their assigned schedules. A second job will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours.
3.3
If outside work activity causes or contributes to job-related problems, it must be discontinued, or the employee may be subject to disciplinary action, up to and including termination.
4.
Solicitation 4.1
In order to protect employees and visitors, solicitation by employees is strictly prohibited while either the employee being solicited or the employee doing the soliciting is on "working time." Solicitation is the act of asking for or trying to obtain something from someone.
4.2
"Working time" is defined as time during which an employee is not on a meal or rest break, or on Company premises immediately before or after his or her shift.
4.3
Employees are also prohibited from distributing written materials, handbills, or any other type of literature on working time and, at all times, in "working areas," which includes all office areas shared by employees during nonworking time.
4.4
This Policy is not intended to prohibit or limit any legally protected right of employees to discuss wages or other terms or conditions of employment if they so choose.
Gifts
5. 5.1
Employees may not accept a gift or gratuity from any customer, vendor, supplier, or other person doing business with the Company. Doing so may give the appearance that receiving the gift or gratuity is influencing business decisions, transactions or services.
5.2
Accepting gifts of de minimis value (for example, less than AUD70 per calendar year) may be acceptable if they are not offered to or from government officials/employees.
5.3
However, please discuss with your manager whether you may accept even such small gifts before accepting them.
TIKTOK AUSTRALIA PTY LTD
22
5.4
Please note that in the event you are given permission to accept a gift with a value of AUD70 or greater, the Company will require you to provide the gift to the Company and may publish your receipt of such gift in a report of gifts that is available throughout the Company. Please consult with your HRBP for more information.
TIKTOK AUSTRALIA PTY LTD
23
EQUAL EMPLOYMENT OPPORTUNITY, ANTI-DISCRIMINATION, BULLYING AND HARASSMENT POLICY Introduction This Policy sets out the Company's position on: •
Equal Employment Opportunity;
•
Unlawful Discrimination;
•
Unlawful Harassment; and
•
Unlawful Victimisation.
This Policy relates to the behaviour of all the Employees and Workers. This Policy applies to the way Employees and Workers interact with: •
Job applicants;
•
Other Employees and Workers;
•
Visitors; and
•
Clients, customers and other members of the public.
1.
Definitions 1.1
In this Policy: Company means, collectively and severally, TikTok Australia Pty Ltd and related corporate bodies, as that term is defined in the Corporations Act 2001 (Cth). Employee means a person employed by the Company. Work means any time at which an Employee or other Worker is: (a)
carrying out, or acting in the course of his or her duties for, or with respect to, the Company;
(b)
at work functions (even if out of hours) such as team dinners, Christmas parties or client functions or any other function that the Company has facilitated or that take place in connection directly or indirectly with the Company's activities;
(c)
representing the Company, for example, at a conference (including after hours behaviour at such conference), or entertaining clients on an informal basis; or
(d)
otherwise acting within the course of his or her employment (Employees) or within the scope of his or her engagement (non-Employees).
For the avoidance of doubt, the above incorporates events outside of working hours. Worker means an individual performing Work in any capacity for the Company, including as an Employee, a contractor, a subcontractor, a labour hire worker, a work experience student or a trainee.
TIKTOK AUSTRALIA PTY LTD
24
2.
Equal Employment Opportunity 2.1
The Company is an equal opportunity employer committed to making sure there is no unlawful conduct in its employment practices or in its workplaces whilst Employees and other Workers are at Work.
2.2
The Company may be held vicariously liable for the unlawful conduct of its Employees and for any unlawful discrimination or harassment of its Employees in breach of equal opportunity and anti-discrimination legislation in Australia. Any party (including the Company) may also have accessory liability for unlawful conduct where they induce, permit or otherwise authorise unlawful conduct.
2.3
The Company strives to make decisions based on suitability, experience and merit and to avoid unlawful discrimination in hiring and promotion.
2.4
The Company's management promotes a positive environment for all Employees which provides encouragement and opportunity to set personal goals within the framework of the Company's objectives and achieve satisfaction in what they do while at Work.
2.5
All Employees and job applicants will be assessed according to their skill, qualifications, abilities, prior work performance, aptitude and general ability to perform the inherent requirements of a role in question where a decision is to be made about hiring, job allocation or promotion.
3.
Unlawful Discrimination 3.1
The Company does not condone or authorise practices that are unlawfully discriminatory in the processes of hiring, assignment, performance assessment and promotion.
3.2
Discrimination in the area of Work is unlawful and prohibited under Federal, State and Territory legislation. Discrimination can take the form of either Direct Discrimination or Indirect Discrimination as defined below. Direct Discrimination means less favourable treatment in the same or similar circumstances on the basis of one or more of the unlawful grounds described in anti-discrimination legislation (for instance, on the basis of sex, age, race or disability). Indirect discrimination is, in general terms, a condition, requirement or practice that: (a)
is more difficult for one person or a group of persons to comply with because of one of the characteristics or attributes set out in the anti-discrimination legislation in circumstances in which others are able to comply with that condition, requirement or practice; and
(b)
is unreasonable in the circumstances.
3.3
An example of indirect discrimination could be a requirement that all Employees be of a certain height, for instance 6 feet tall. Such a requirement could be indirectly discriminatory on the basis of sex and race because women or other individuals with various protected characteristics generally are less likely to be able to comply with this requirement.
Grounds of discrimination 3.4
The following grounds of discrimination are unlawful or prohibited under Federal, State or Territory legislation and are prohibited under this Policy (Prohibited Grounds): •
sex
TIKTOK AUSTRALIA PTY LTD
•
physical features (Victoria only)
25
•
marital status
•
carers' responsibilities
•
family responsibilities (including parental status)
•
pregnancy (including potential pregnancy)
•
breastfeeding
•
age
•
HIV/AIDS
•
compulsory retirement
•
mental, intellectual or psychiatric disability/ impairment (including imputed disability/ impairment)
•
criminal record (to a limited extent)
•
sexuality e.g. homosexuality
•
political beliefs/activities
•
transgender and intersex status
•
industrial, trade union association activity
•
national or ethnic origin or extraction or social origin
•
medical record
•
race
•
religion, religious beliefs or activity
•
colour
•
immigration
•
gender identity
•
lawful sexual activity
3.5
heterosexuality/
or
employer
It is also unlawful to discriminate against another person because they are associated with a person who has attributes relating to one of the Prohibited Grounds.
Exceptions to the rule 3.6
Discrimination in the area of employment may not be unlawful where: (a)
the ground of discrimination constitutes a "genuine occupational qualification" as defined in the relevant anti-discrimination legislation; or
(b)
the Employee cannot perform the inherent requirements of the position in question, or requires services, facilities or other adjustment to do so, but the provision of those will impose an unjustifiable hardship on the Company.
3.7
4.
There are also other exceptions under relevant state and federal laws.
Unlawful Harassment 4.1
It is unlawful to harass another Employee or other Worker, or a person that an Employee or other Worker comes into contact with as a result of his or her Work, on the basis of a Prohibited Ground.
4.2
Unlawful harassment will occur if an Employee or other Worker engages in conduct that: (a)
is unsolicited or unwelcome;
TIKTOK AUSTRALIA PTY LTD
26
(b)
relates to a Prohibited Ground (e.g. race, gender or religion),
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated. 4.3
It only takes a single act to constitute unlawful harassment, and it does not matter if the remark or conduct is not intended to hurt, humiliate or offend someone.
4.4
Remember, just because an Employee or other Worker thinks something is funny, it doesn't mean that other people will find the remark, image etc. funny: others may be offended by what one person finds funny.
4.5
Harassment can occur by way of physical conduct or contact, gestures, jokes, name-calling, impersonations using racial stereotypes, in writing, on emails and comments or other posts on social media. Harassment may occur through other conduct - these examples are not intended to be exhaustive.
Conduct that may constitute sexual harassment 4.6
Sexual harassment is a discrete form of unlawful harassment. Sexual harassment occurs if an Employee or other Worker engages in conduct: (a)
which is of a sexual nature;
(b)
which is unsolicited or unwelcome; and
(c)
which is likely to offend, humiliate, or intimidate the person or persons at whom it is directed.
4.7
4.8
While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct, which, if unwelcome, may constitute sexual harassment: (a)
repeated unsolicited requests for dates or declarations of love;
(b)
threats to treat persons unfavourably unless they engage in sexual conduct;
(c)
promises to provide persons with benefits or employment if they engage in sexual conduct;
(d)
unwelcome sexual advances - whether they involve physical touching or not;
(e)
sexual epithets, jokes, written or verbal references to sexual conduct, gossip regarding one's sex life, comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;
(f)
displaying sexually suggestive objects, pictures or cartoons;
(g)
leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
(h)
inquiries into one's sexual experiences; and
(i)
discussion of one's sexual activities. Where the behaviour is invited, consensual or reciprocated, it is not unlawful. Note also that simply because a person is in a consensual relationship or maintains a friendship with
TIKTOK AUSTRALIA PTY LTD
27
another person does not mean that sexual behaviour will be consensual. Sexual behaviour which has not been consented to by a friend or partner may still be unlawful.
5.
Victimisation 5.1
The Company will not tolerate any behaviour whereby an Employee or other Worker victimises another person because they are involved in a complaint about alleged unlawful discrimination or harassment.
5.2
It is unlawful to victimise another person because: (a)
s/he has made a complaint about what they believe to be unlawful discrimination or harassment;
(b)
s/he is about to make such a complaint, or
(c)
s/he is otherwise involved in a complaint, for example, as a witness.
5.3
Victimisation may include, but is not limited to, the following types of behaviour: (a)
treating somebody detrimentally;
(b)
creating a hostile working place for the person concerned;
(c)
verbal abuse and derogatory comments.
TIKTOK AUSTRALIA PTY LTD
28
BULLYING POLICY Introduction This Policy sets out the Company's position in relation to bullying at the Company's workplaces or of any person whilst at Work. This Policy relates to the behaviour of all Employees, and other persons providing services whilst at Work. This Policy applies to the way Employees and other persons providing services to the Company interact with: •
Job applicants;
•
Other Employees and workers;
•
Visitors; and
•
Clients, customers and other members of the public.
1.
Definitions 1.1
In this Policy: Company means, collectively and severally, TikTok Australia Pty Ltd and related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth). Employee means a person employed by the Company. Work means any time at which an Employee or other Worker is: (a)
carrying out, or acting in the course of his or her duties for, or with respect to, the Company;
(b)
at work functions (even if out of hours) such as team dinners, Christmas parties or client functions or any other function that the Company has facilitated or that take place in connection directly or indirectly with the Company's activities;
(c)
representing the Company, for example, at a conference (including after hours behaviour at such conference), or entertaining clients on an informal basis; or
(d)
otherwise acting within the course of his or her employment (Employees) or within the scope of his or her engagement (non-Employees).
For the avoidance of doubt, the above incorporates events outside of working hours. Worker means an individual performing Work in any capacity for the Company, including as an Employee, a contractor, a subcontractor, a labour hire worker, a work experience student or a trainee.
2.
What is Bullying? 2.1
The Company does not condone bullying in its workplace or at any time while an Employee or other Workers are at Work.
TIKTOK AUSTRALIA PTY LTD
29
2.2
Bullying may include, but is not limited to, behaviour which is otherwise unlawful, discriminatory or harassing. Bullying, more generally, may be a breach of applicable work health and safety laws.
2.3
Bullying will occur if, while an Employee or other Worker is at Work: (a)
an individual or group of individuals repeatedly behaves unreasonably towards the Employee or other Worker; and
(b)
that behaviour creates a risk to health and safety.
For the avoidance of doubt, a risk to health and safety may include a risk to physical or mental health and safety. Conduct that may constitute bullying 2.4
Bullying may constitute unlawful harassment when it relates to a Prohibited Ground (see the definition of Prohibited Ground in the Equal Opportunity, Anti-Discrimination and Harassment Policy).
2.5
Bullying may include, but is not limited to the following types of behaviour: (a)
name calling or derogatory comments;
(b)
abusive behaviour;
(c)
using a position of dominance to unreasonably pressure an individual;
(d)
creating a hostile working environment;
(e)
unreasonably excluding others;
(f)
physical contact or assault;
(g)
practical jokes.
2.6
Bullying can occur between peers, or a supervisor and subordinate (and can include "upwards" bullying of a supervisor by a subordinate or subordinates).
Exceptions to the rule 2.7
2.8
3.
Bullying does not include: (a)
reasonable management action carried out in a reasonable manner (for example, performance management or reasonable disciplinary action); and
(b)
one-off instances of rudeness, insensitivity or other inappropriate behaviour. However, even where the conduct of an Employee or other Worker does not amount to bullying under this Policy but that conduct is deemed inappropriate by the Company, he or she may be subject to disciplinary action up to and including termination of employment or engagement.
Additional Information on Bullying for Workers 3.1
All Employees and other Workers are encouraged to refer any bullying incident(s) to the Company at first instance in accordance with the Company's Grievances and Complaints Policy.
TIKTOK AUSTRALIA PTY LTD
30
3.2
Where an Employee or other Worker providing services to the Company believes that he or she is a victim of unlawful bullying, there is a legal cause of action available which gives Workers access to the Fair Work Commission to assist in preventing bullying. If an Employee or other Worker has questions about their ability to make a complaint to the Fair Work Commission, they can seek assistance from the Commission directly, see http://www.fwc.gov.au/.
TIKTOK AUSTRALIA PTY LTD
31
GRIEVANCE AND COMPLAINTS RELATED TO EQUAL EMPLOYMENT OPPORTUNITY, DISCRIMINATION, HARASSMENT, VICTIMISATION, OR BULLYING POLICY Introduction The Company aims to investigate and resolve grievances and complaints raised by Employees, other Workers and others promptly and appropriately. To achieve this goal, the Company may apply the following Policy to grievances and complaints received from Employees, other Workers and others taking into consideration the relevant circumstances. This Policy outlines the steps for any Employee or other Worker who feels that he or she has been the victim of, or who has otherwise witnessed, conduct that amounts to a breach of the Company's Equal Employment Opportunity, Anti-Discrimination and Harassment or Bullying policies.
1.
Definitions 1.1
In this Policy: Company means, collectively and severally, TikTok Australia Pty Ltd and related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth). Employee means a person employed by the Company. Work means any time at which an Employee or other Worker is: (a)
carrying out, or acting in the course of his or her duties for, or with respect to the Company;
(b)
at work functions (even if out of hours) such as team dinners, Christmas parties or client functions or any other function that the Company has facilitated or that take place in connection directly or indirectly with the Company's activities;
(c)
representing the Company, for example, at a conference (including afterhours behaviour at such conference), or entertaining clients on an informal basis; or
(d)
otherwise acting within the course of his or her employment (Employees) or within the scope of his or her engagement (non-Employees).
For the avoidance of doubt, the above incorporates events outside of working hours. Worker means an individual performing Work in any capacity for the Company, including as an Employee, a contractor, a subcontractor, a labour hire worker, a work experience student or a trainee.
2.
Raising Grievances 2.1
The Company encourages Employees, and where relevant other Workers, to discuss problems, ideas or questions with management. We have found that in most cases Employees find that a frank talk with their manager is the most effective way to deal with a problem or suggestion.
2.2
However, the Company recognises that there may be some occasions when Employees and other Workers do not feel comfortable raising an issue with a particular manager. For example, an Employee or other Worker may feel uncomfortable because they wish to raise a concern about the conduct of the manager him or herself. Likewise, the matters that an
TIKTOK AUSTRALIA PTY LTD
32
Employee or other Worker wishes to raise may be very serious, such as threats to their personal safety, and it would be more appropriate to go straight to HR. If the results of a discussion with a manager are not satisfactory, or if, for any reason, an Employee or other Worker does not feel comfortable raising an issue with a particular manager, Employees and Workers are encouraged to speak to their HRBP. While not all problems can be solved as an Employee or other Worker might wish, this Policy is designed to ensure that the Company is aware of problems and responds appropriately. An Employee or other Worker's grievance may be investigated as a result of them having raised a complaint. 2.3
If an Employee or Worker would like to raise a concern anonymously, they should submit their allegation to the Ethics Office via [email protected].
2.4
A supervisor who observes an incident that may constitute discrimination, harassment, victimisation or bullying or who otherwise becomes aware of such an incident should notify the Ethics Office.
Investigating complaints 2.5
When the Company receives a written complaint from an Employee or other Worker, it may investigate such complaint, if the Company deems it appropriate to do so in all the circumstances. Any investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Different types of complaints may call for different types of action including (where appropriate) different investigative action. However, the following is a guide as to what might happen if an investigation is to occur.
2.6
An investigation may include a private interview with the complainant and, where appropriate, with witnesses. The Company may also interview the person or persons alleged to have engaged in the alleged conduct. When the investigation is complete, the Company may, to the extent that it deems appropriate, in its reasonable opinion, inform the person issuing the complaint of the results of that investigation. If it is determined that inappropriate conduct has occurred, the Company will act accordingly.
2.7
To the extent that an Employee or other Worker wishes to make what he/she considers to be an "informal" complaint of any behaviour that is unlawful or otherwise in breach of Company policies, please be advised that the Company may nonetheless investigate the facts alleged in such "informal" complaint.
2.8
Employees who make complaints which are found to be malicious or vexatious will also be subject to disciplinary action up to and including termination of employment. Other Workers who make malicious or vexatious complaints may have their engagement terminated.
Employees found to have engaged in unlawful behaviour 2.9
Employees who are found to have engaged in unlawful behaviour or who are otherwise in breach of Company policies will be subject to disciplinary action, up to and including termination of employment. Other Workers who have engaged in unlawful behaviour, or behaviour otherwise in breach of Company policies may have their engagement terminated.
TIKTOK AUSTRALIA PTY LTD
33
WORKPLACE HEALTH AND SAFETY POLICY Introduction This Policy sets out the Company’s policy on work health and safety (WHS). Failure to comply with this Policy may result in disciplinary action up to and including termination of employment, (including without notice), or termination of engagement.
1.
Application to Employees and Workers 1.1
This Policy applies to all employees of the Company while they are at the Company's workplace and also when they are performing work for or representing the Company away from the workplace. Under Australian laws, both the Company, its employees and Workers (as defined below), have legal obligations to ensure the health and safety of employees and visitors to the Company's premises and workplaces.
1.2
The Company recognises that it also has WHS obligations to other workers such as contractors, subcontractors and their employees (Workers). Conversely, these Workers have a mutual obligation to conduct their work safely. Workers are expected to consult with the Company on WHS matters and implement and maintain robust WHS practices and policies. This Policy may be provided by the Company to such persons as a guideline of the Company's expectations of appropriate WHS measures. As set out above, a breach of WHS laws by such persons may result in termination of an engagement.
2.
Overview
General 2.1
The Company aims to ensure that its employees and other persons visiting its workplace are provided with a safe and healthy working environment. The Company considers a safe and healthy workplace to be a clean, hygienic environment where employees are free from physical and psychological harm and where safe, ergonomic work practices are observed.
2.2
The Company also wishes to ensure that WHS laws are complied with in relation to its operations and places of work. For this purpose, the Company understands its statutory obligations, including in relation to the following: (a)
implementing measures to ensure that, to the extent reasonably practicable, all WHS risks and hazards in relation to the Company's operations and places of work are identified and either eliminated or controlled;
(b)
taking reasonable steps to provide its employees with sufficient information, training, guidance and supervision to enable them to perform their work safely;
(c)
ensuring, so far as is reasonably practicable, that safe systems of work are used in its operations;
(d)
ensuring, so far as is reasonably practicable, that substances, plant, equipment, structures, and premises used in relation to the Company's operations are safe for use at work;
(e)
ensuring, so far as is reasonably practicable, that all WHS incidents are properly reported and notified;
TIKTOK AUSTRALIA PTY LTD
34
(f)
consulting, so far as is reasonably practicable, with its employees and other WHS dutyholders with a view to identifying and minimising workplace risks about WHS matters;
(g)
ensuring, so far as is reasonably practicable, that the health of employees and conditions at the workplace are properly monitored;
(h)
providing, so far as is reasonably practicable, appropriate facilities for persons at the workplace; and
(i)
ensuring, so far as is reasonably practicable, that it provides a non-hostile working environment to its employees and others.
2.3
In order for the Company to provide a safe and healthy working environment, employees and visitors to the Company's workplace are expected to cooperate with the Company in respect of WHS issues at all times.
Improper Behaviour 2.4
The Company expects employees to behave in a professional manner and to treat each other with dignity and respect when they are at work. Employees are required to contribute to the health and safety of all persons at the Company's workplace.
2.5
The Company does not condone bullying. Bullying is defined later in this Policy. The Company expects and encourages all of its employees who experience bullying or who see someone else being bullied to report it. All reports of bullying will be treated seriously and where the Company considers appropriate, the report may be investigated.
3.
Specific Responsibilities
Managers 3.1
Managers have responsibility for the promotion and maintenance of WHS. Management at all levels of the Company is required to contribute to the WHS of all persons in the workplace. To this end, it is management’s responsibility to develop, implement and keep under review, in consultation with employees, all required WHS programs. Managers will take reasonably practicable measures to: (a)
make health and safety an integral part of their role, and uphold the Company's WHS policies and procedures;
(b)
consider health and safety in all planning and work activities in which they are involved or of which they have knowledge and ensure that all employees perform work in a safe manner;
(c)
where appropriate, involve employees in the decision making process with respect to WHS matters through communication, consultation and training;
(d)
consult with employees and other persons who have WHS duties which may impact on the Company's workplace or employees;
(e)
ensure that employees are encouraged and feel free to consult with their manager with respect to WHS matters;
(f)
provide injury management and rehabilitation for employees where necessary; and
(g)
refer WHS concerns to Senior Management (as applicable).
TIKTOK AUSTRALIA PTY LTD
35
Employees 3.2
All employees have a responsibility to ensure that their actions and omissions do not affect the health and safety of other persons, and to be involved in the identification and management of risk in the Company's workplace. Employees are also responsible for familiarising themselves with, and following this Policy. All employees are expected to: (a)
take reasonable care for their own health and safety and that of their co-workers — ensuring that their actions or omissions do not put others at risk;
(b)
cooperate fully with management, follow safe work procedures, and adhere to other WHS procedures;
(c)
ensure that their work area is free of hazards;
(d)
promptly report hazards and raise WHS concerns with their manager or another manager or supervisor for assessment; and
(e)
provide feedback to their manager on all aspects of this Policy and how they feel it is keeping them safe at work.
3.3
The following are a few examples of the issues that employees should be aware of and apply the relevant safety measures to their work to ensure a safe working environment: (a)
using correct manual handling and lifting procedures;
(b)
exercising caution with electrical products (photocopiers, printers, computers and other electrical items found inside and outside the workplace);
(c)
the importance of implementing good ergonomic practices (chairs and posture, computer layout, workstation arrangement etc.);
(d)
the risks of physical items in pathways causing trip hazards (boxes, cords and cables, IT equipment etc.);
(e)
taking appropriate short rest breaks from, for example, computer monitor usage; and
(f)
behaving in a way that is not considered offensive, intimidating, humiliating or threatening.
3.4
Employees are encouraged to report hazards and raise WHS concerns with their manager or another manager or supervisor for assessment and implementation.
3.5
The Company will not take adverse action against a person because the person has raised a legitimate WHS issue or made a legitimate WHS complaint, provided that in doing so, the person has acted properly and in good faith.
4.
Consultation 4.1
The Company endeavours to consult with its employees about WHS.
4.2
Employees are encouraged to raise any concerns and provide feedback on WHS policy and practice to the Environment, Health & Safety Policy (EHS) team.
4.3
Where appropriate, the Company will consult directly with its employees when: (a)
assessing risks to health and safety arising from work;
TIKTOK AUSTRALIA PTY LTD
36
(b)
considering how to eliminate or control these risks by implementing any procedures for monitoring those risks;
(c)
considering the adequacy of the facilities of the workplace; and
(d)
evaluating any proposed changes to the premises or the way in which people work which may affect their health and safety, and in determining the way in which the Company will consult with its employees.
4.4
The outcome of any consultation will be reported to the Health Service team. The outcome will be reported back to the originator, and if applicable, to all employees concerned.
4.5
If there are work health and safety items of particular relevance to an employee (or a specific group of employees), the employee (or the group of employees) should initiate communication with the Health Service team.
4.6
One of the responsibilities of the Health Service team is to ensure (insofar as is reasonably practicable) that any incidents or changes in policy or WHS legislation are reported to HR and Senior Management (as applicable).
5.
Hazard Reduction 5.1
The Company endeavours to take a systematic approach to hazard identification, risk management and risk control. This means that wherever reasonably practicable, certain "steps" or systems are followed to identify and control or minimise risks and hazards as and when they are identified. This Policy set out those "steps" or the common elements of such systems.
5.2
The Health Service team is responsible for hazard identification and risk management. However, employees may become aware of hazards and risks not previously identified or addressed. Employees should alert their respective managers, or other members of management as and when hazards are identified and should be guided by the below process to address the identified hazard.
Hazard "Hazard" means the potential to cause injury or illness. Examples of hazards at the Company's business include: (a)
mechanical hazards, such as filing cabinets that tip when top drawers are open, incorrectly stacked items, tripping hazards and hot components of photocopiers;
(b)
physical hazards, such as glare or reflections from computer screens, poorly designed chairs, repetitive strain injury (RSI) hazards and incorrect manual handling of heavy items including furniture and boxed goods;
(c)
psychological hazards, such as bullying (see below) and harassment; and
(d)
bullying, which includes behaviour (that can be obvious or subtle) which is directed toward an employee or group of employees and that a reasonable person would consider offensive, intimidating, humiliating or threatening, taking all circumstances into account. This includes verbal abuse and yelling, humiliation through sarcasm, inappropriate insults, constant criticism that is not warranted or non-warranted exclusion of an employee from workplace activities. Bullying does not include reasonable management action carried out in a reasonable manner such as performance management or counselling.
TIKTOK AUSTRALIA PTY LTD
37
Hazard identification 5.3
All managers and employees should constantly evaluate their workplace for situations or events that could give rise to the potential of injury or illness. To positively identify health and safety hazards, managers and employees must be on the lookout for all types of hazards and risks. Managers and employees should constantly ask themselves: ‘What could go wrong?’ and not simply what is wrong.
IF YOU SEE A HAZARD, YOU SHOULD REPORT IT IMMEDIATELY TO YOUR MANAGER AND ENVIRONMENT HEALTH AND SAFETY (EHS) ON CALL, BY LARK.
6.
Reporting 6.1
If an employee has identified a WHS hazard or feels that s/he is affected by a hazard, s/he should approach his/her supervisor or manager and verbally raise the hazard as soon as possible after identification. In some instances, it may not be appropriate for an employee to approach his or her manager. For example, the manager may be involved in the hazard, or the employee may have an apprehension about his or her physical safety (for example, where the employee has been physically threatened). Employees should approach alternative management staff to make a verbal report. Employees may be asked to make a written report following any verbal report.
6.2
Where an employee is concerned about unlawful harassment, discrimination and/or bullying, s/he should refer to the Company's Equal Employment Opportunity, Anti-Discrimination and Harassment Policy and Bullying Policy as contained in this Handbook. These Policies sets out details about raising complaints about such conduct.
7.
Risk assessment 7.1
"Risk assessment" is the process of assessing risks associated with an identified hazard. This involves the evaluation of the likelihood of an incident arising from the hazard and the severity of the consequence of that incident occurring.
7.2
Considerations in assessing the risk include the nature of exposure of the hazard, the frequency and level of exposure, whether it is continuous or intermittent exposure, who it may affect, the severity of the consequences, and the adequacy of any existing risk control measures.
7.3
Assessments will be coordinated by the Environment, Health & Safety Policy team. Assessments may, where appropriate, be conducted by external service providers with relevant expertise.
8.
Risk control 8.1
"Risk control" is the process of determining and implementing appropriate measures to control risk. Wherever reasonably practicable, the objective is for risks to be eliminated. Where risks cannot be eliminated, they will be minimised as far as is reasonably practicable.
8.2
When controlling risk, one or more of the following may commonly occur: (a)
elimination of the hazard;
(b)
substitution of work processes that causes the hazard with one that has less risk;
(c)
isolation or protection of those at risk from the hazard;
(d)
engineering controls that reduce the risk; and
TIKTOK AUSTRALIA PTY LTD
38
(e)
9.
administrative controls to reduce the exposure of people to the hazard or risk.
Hazard Minimisation 9.1
After identifying a hazard (and where relevant conducting any appropriate risk assessment), the Company's managers and employees must take steps to immediately control a hazard if the hazard can be easily and safely controlled so that it does not place any person's health and safety at risk. Where a hazard cannot be immediately or safely controlled, the Company's employees must isolate the hazard so that it does not place the health and safety of others at risk and immediately report the hazard to a manager and the Health Service team.
9.2
Where a hazard cannot be immediately controlled, the Company employees and visitors should attempt to isolate the hazard so that it does not place the health and safety of others at risk.
10.
First Aid
10.1
The Company will maintain appropriate first aid personnel to deal with minor accidents and minor emergencies at the workplace. These employees will have sufficient training and qualifications to accord with the Company's legal obligations. The identities of first aid personnel are set out at the end of this Policy.
10.2
The Company will maintain a register with a record of all reported work-related injuries and illness, and/or illnesses occurring at work, and any treatment given by first aid personnel (Register of Injuries).
11.
Emergency Procedures
11.1
All employees at the Company's place of work must read and understand the Company's "Emergency Procedure" document prior to commencing any work. Any questions regarding the Company's "Emergency Procedure" must be directed to Administration Security.
11.2
The Company's "Emergency Procedure" is:
11.3
12.
(a)
Available on Sixty Martin Place - Emergency Procedures internal document
(b)
provided to all Workers and visitors when they first attend the Company's place of work; and
(c)
displayed at a visible place within the Company's place of work. Fire/evacuation wardens will be appointed to assist with evacuation. Periodic evacuation drills will occur. All emergency personnel will be given instruction and training to assist them perform their evacuation duties.
Smoking
12.1
Smoking is not allowed in company buildings or work areas at any time. "Smoking" includes the use of any tobacco products (including chewing tobacco), electronic smoking devices, and e-cigarettes.
12.2
Smoking is only permitted during break times in designated outdoor areas. Employees using these areas are expected to dispose of any smoking debris safely and properly.
TIKTOK AUSTRALIA PTY LTD
39
13.
Drug-Free workplace
13.1
It is the policy of the Company to maintain a drug-free work environment that is safe and productive for employees and others having business with the Company.
13.2
The Company is concerned about the use of alcohol, illegal drugs, and controlled substances as they affect the workplace. Use of these substances, whether on or off the job, can adversely affect employees' work performance, efficiency, safety, and health, and therefore, seriously impair employees' value to the Company. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons. The following are strictly prohibited by the Company: (a)
being impaired by alcohol while performing work for the Company;
(b)
driving a Company vehicle while under the influence of alcohol;
(c)
distribution, dispensation, sale, or purchase of an illegal or controlled substance while on the job;
(d)
unlawful manufacture, possession, or use of a controlled substance, or being under the influence of an illegal or controlled substance while on the job; and
(e)
Violation of the above may result in disciplinary action, up to, and including, termination of employment. The Company may also bring the matter to the attention of appropriate law enforcement authorities.
13.3
While the abuse of alcohol or being impaired by alcohol while at work is strictly forbidden, there are occasions when Employees may consume alcohol responsibly on premises, during certain work-related events and, generally, outside of working time.
13.4
All employees must ensure that their performance at work and their judgement are not impaired by alcohol. All employees must be 18+ to consume alcohol.
14.
Failure to comply with WHS Obligations
14.1
If any employee or other Worker fails to comply with their WHS obligations, including but not limited to those obligations contained in this Policy, the employee or other Worker may be subject to disciplinary action up to and including termination of employment or engagement.
14.2
If any visitor to the Company's place of work fails to comply with their WHS obligations, including but not limited to those obligations contained in this Policy, the visitor may be asked to leave the Company's place of work and not be permitted to return.
15.
Contractor Management
15.1
The Company will take reasonably practicable steps to provide a safe working environment for contractors to perform work.
15.2
Contractors are responsible for the following: (a)
ensuring that it and all its personnel perform work in accordance with WHS laws;
(b)
supervising their personnel on site;
(c)
reporting any accident or injury to the Company;
(d)
promptly reporting any hazard(s) to the Company;
TIKTOK AUSTRALIA PTY LTD
40
16.
(e)
ensuring that their work areas are safe and do not pose a risk to the health and safety of other persons in the workplace;
(f)
ensuring that their work areas are kept as clean and tidy as possible and are left in such a state on completion of the contract; and
(g)
implementing, enforcing and maintaining appropriate WHS policies and procedures in respect of the work to be performed.
Security Risks
16.1
Employees must be aware that building security is available twenty-four (24) hours per day.
16.2
Employees must be mindful of any increased security risk which might occur at night and must immediately contact building security if they have any security concerns.
16.3
The contact details for building security are set out at the end of this Policy.
17.
Workplace Amenities
17.1
18.
The Company is committed to ensuring that an appropriate standard of workplace amenities is provided and any concerns employees have regarding workplace amenities should be directed to Lark EHS on call.
Additional WHS Procedures
18.1
19.
The Company may issue additional or updated WHS procedures from time to time. All employees must familiarise themselves and comply with these procedures.
Injury and claims management procedures
General 19.1
If an employee is injured or becomes ill because of his or her work, he or she may be entitled to workers' compensation. Employees who believe that they have suffered a work-related illness or injury must obtain a WorkCover / SafeWork NSW medical certificate from a medical practitioner, and complete a workers' compensation claim form, available from Environment, Health & Safety Policy Team or at www.workcover.nsw.gov.au/ or www.safework.nsw.gov.au/.
Notification Procedure 19.2
In the event of a workplace incident that has or could have caused an injury, the following procedure must commence immediately and must be completed within seventy-two (72) hours of the incident occurring: (a)
injured employee's manager and Environment, Health & Safety Policy Team are notified;
(b)
first aid administered or medical advice sought, where applicable;
(c)
Environment, Health & Safety Policy Team will ensure that all relevant reporting obligations have been met including notifying the regulator within set time periods in the event of serious injury or death;
(d)
injured employee's full details are input into the Company's Register of Injuries;
(e)
relevant medical certificates are completed and signed;
TIKTOK AUSTRALIA PTY LTD
41
(f)
a Worker's Compensation Claim Form completed and returned to the Environment, Health & Safety Policy Team within forty-eight (48) hours of injury;
(g)
The Environment, Health & Safety Policy Team will notify the Company's workers' compensation insurer; and
(h)
an investigation report is completed by the employee’s manager, WHS representative, Environment, Health & Safety Policy Team and other relevant personnel.
19.3
All Notifiable Incidents (as defined in the WHS Act) must be reported to the relevant regulator (for example, SafeWork NSW) immediately upon awareness of the incident. If a Notifiable Incident occurs whilst an employee is travelling, the Notifiable Incident must be reported to the relevant regulator in the State in which the employee is employed.
19.4
A Notifiable Incident includes: (a)
the death of a person; or
(b)
a serious injury or illness of a person; or
(c)
a dangerous incident.
19.5
A "serious injury or illness" is an injury or illness requiring a person to be hospitalised as an in-patient, or where the person needs immediate treatment for amputation, or serious head, eye, burn, spinal or laceration injury, loss of a bodily function, separation of skin from underlying tissue, or exposure to a substance requiring medical treatment within forty-eight (48) hours.
19.6
A "dangerous incident" means an incident in relation to a workplace that exposes an employee or any other person to a serious risk to their health or safety emanating from an imminent exposure to: (a)
an uncontrolled escape, spillage or leakage of a substance;
(b)
an uncontrolled implosion, explosion or fire;
(c)
an uncontrolled escape of gas or steam;
(d)
an uncontrolled escape of a pressurized substance;
(e)
electric shock;
(f)
the fall or release from a height of any plant, substance or thing;
(g)
the collapse, overturning, failure or malfunction of, or damage to, any plant that is required to be authorised for use in accordance with WHS regulations;
(h)
the collapse or partial collapse of a structure; or
(i)
any other event prescribed by WHS laws.
TIKTOK AUSTRALIA PTY LTD
42
Appendix A Contacts The names and contact details of persons relevant to this Policy will be listed below: Senior Management Name: Lee Hunter Contact details: [email protected]
Name: Brett Armstrong Contact details: [email protected] Building Management Name: Karlee McGee Contact details: [email protected]
Environment, Health & Safety Policy team Name: Chung Hui Min Contact details: [email protected]
Fire-Evacuation Warden Name: Jen Laarmann Contact details: [email protected]
TIKTOK AUSTRALIA PTY LTD
43
WORKPLACE GUIDELINES 1.
Romance in the Workplace
Introduction The Company strongly believes that a work environment where employees maintain clear boundaries between employee personal and business interactions is most effective for conducting business and enhancing productivity. Although this policy does not prevent the development of friendships or romantic relationships between co-workers, it does establish boundaries as to how relationships are conducted during working hours and within the working environment. Individuals in supervisory or managerial roles, and those with authority over others' terms and conditions of employment, are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information, and their ability to affect the terms and conditions of employment of individuals in subordinate positions. 1.1
Employee Relationships: No person in a management or supervisory position shall have a romantic or dating relationship with an employee in his or her reporting line or whose terms or conditions of employment he or she may influence (examples of terms or conditions of employment include promotion, termination, discipline, and compensation).
1.2
Prior Employee Relationships: To the extent possible, a supervisor or manager who has had a previous romantic or dating relationship with a subordinate or employee whose terms and conditions he or she may influence will not be involved in decisions relating to that individual's promotions, raises, termination, or other terms and conditions of employment.
1.3
Policy Protocols: Individuals involved in a romantic or dating relationship shall inform HR ([email protected]) by following the contact information provided by the Company. Such individuals may be asked to sign a document acknowledging that their relationship is entirely consensual and free from coercion and harassment.
1.4
At the discretion of the Company, one or both of the individuals involved in the relationship may be subject to transfer or termination of employment. If transfer or termination is appropriate, to the extent possible, the Company will give the individuals involved in the relationship the opportunity to select the employee or employees in the relationship who will be subject to a change in employment status (transfer or termination). If the individuals involved in the relationship decline to make this decision, the Company will do so.
2.
Job Performance 2.1
Communication between employees and supervisors or managers is very important. Discussions regarding job performance are ongoing and often informal.
2.2
Employees should initiate conversations with their supervisors if they feel additional ongoing feedback is needed.
3.
Dress and Grooming 3.1
The Company provides a casual yet professional work environment for its employees.
3.2
Even though the dress code is casual, it is important to project a professional image to our customers, visitors, and co-workers.
TIKTOK AUSTRALIA PTY LTD
44
3.3
All employees are expected to dress in a manner consistent with good hygiene, safety, and good taste. Please use common sense. If you are unsure of what is appropriate, please speak to your manager or HRBP.
3.4
The Company does not discriminate against employees on the basis of religion (including, but not necessarily limited to, religious creed, dress, and grooming practices) and will reasonably accommodate the sincerely held religious dress and grooming practices of its employees, unless the accommodation would cause undue hardship for the Company.
4.
Disciplinary Actions 4.1
The Company expects high standards of conduct from all employees, including compliance with this Policy and other Company policies, and demonstrating maturity, good judgment and professional conduct at all times
4.2
Situations may arise when the Company needs to take corrective or disciplinary actions to address employee misconduct or reinforce Company expectations. The Company reserves the right to determine what action is appropriate in a given situation.
4.3
Violation of Company policies or rules, or other unacceptable behaviour, may result in one or more of the following disciplinary actions as the Company deems appropriate, and in the Company's discretion: (a)
Verbal warning;
(b)
Written warning;
(c)
Suspension with or without pay; or
(d)
Dismissal.
TIKTOK AUSTRALIA PTY LTD
45
WORKPLACE VIOLENCE PREVENTION AND SAFETY POLICY 1.
Introduction
The Company is committed to providing a safe, violence-free workplace for our employees. Due to this commitment, we discourage employees from engaging in any physical confrontation with a violent or potentially violent individual or from behaving in a threatening or violent manner. Threats, threatening language, or any other acts of aggression or violence made toward or by any employee will not be tolerated. A threat may include any verbal or physical harassment or abuse, attempts to intimidate others, menacing gestures, stalking, or any other hostile, aggressive, and/or destructive actions taken for the purposes of intimidation. This policy covers any violent or potentially violent behaviour that occurs in the workplace or at Company-sponsored functions. 1.1
All Company employees bear the responsibility of keeping our work environment free from violence or potential violence. Any employee who witnesses or is the recipient of violent behaviour should promptly inform their supervisor, manager, or the HR Department.
1.2
Any individual engaging in violence against the company, its employees, or its property will be prosecuted to the full extent of the law. All acts will be investigated, and the appropriate action will be taken. Any such act or threatening behaviour may result in disciplinary action up to and including termination.
2.
Commitment to Safety 2.1
All employees have the opportunity and responsibility to contribute to a safe work environment by using common sense rules and safe practices and by notifying management when any health or safety issues are present. All employees are encouraged to partner with management to ensure maximum safety for all.
2.2
Employees should immediately notify their manager when unknown persons are acting in a suspicious manner, in or around the facilities, or when keys, security passes, or identification badges are lost or misplaced.
TIKTOK AUSTRALIA PTY LTD
46
IT CODE OF CONDUCT Introduction This Policy outlines the IT Code of Conduct (the Code) for Employees in their use of the Company's computer systems, associated on-line services, including the Internet and Email, and computer hardware (all known as IT Systems). Employees must comply with the Code when using IT Systems. Every time Employees log-on to the Company's network they will be asked to acknowledge that they have read and understood the Code and agree to comply with its provisions. Employees' use of IT Systems is subject to their accepting and complying with the Code. Breach of the Code will be treated seriously by the Company. The Code aims to encourage and derive maximum benefit from Company-provided Internet and Email facilities while ensuring that inappropriate usage does not occur. For the purposes of the Code, access to and usage of IT Systems includes both usage on the Company's premises or at a remote location, either during or outside of working hours.
1.
Definitions 1.1
In this Policy: Company means, collectively and severally TikTok Australia Pty Ltd and related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth). Employee means a person employed by the Company. Inappropriate Material means threatening, sexually explicit, obscene, racially or sexually harassing, offensive or defamatory material, jokes, games, messages or illegal communications. IT Systems means the Company's computer systems, associated on-line services, including the Internet and Email, Lark, and all IT hardware.
2.
Personal Use of IT Systems 2.1
Employees may use IT Systems only for legitimate business purposes authorised by their computer system access rights and terms of employment with the Company.
2.2
Employees are permitted to use Email to send and receive short personal messages. However, the use of IT Systems for this purpose must be minimal and must not interfere with the performance of Employees' duties. The same principles apply as those which apply to personal phone calls at work, which must be minimal and must not interfere with the performance of Employees' duties.
2.3
Employees are not permitted under any circumstances to use IT Systems to conduct any business which is unrelated to that of the Company.
3.
Monitoring of Use 3.1
All access to and usage of IT Systems will be monitored by the Company in a continuous and ongoing manner. The Company also reserves the right to view, print, copy, and distribute any material which appears on IT Systems. In particular, where this material may impact upon their employment, the Company may use such material to assess the performance or conduct of an Employee and to make decisions regarding their employment.
TIKTOK AUSTRALIA PTY LTD
47
3.2
Employees and contractors should be aware that their use of IT Systems, including Email and Internet, is not private or confidential to them. In particular the Company may monitor and view any personal messages sent or received by an Employee or contractor on IT Systems.
3.3
For the avoidance of any doubt, and without limiting the operation of any other clause in this Policy, the Company reserves the right to make a physical examination of the Company's computers or hard drives and other related equipment.
4.
Access to IT Systems 4.1
5.
Connection to IT Systems is only permitted from Company-approved computers, mobile devices or services. Any connection to a non-Company network or the Internet, that bypasses the Company's network and its in-built safeguards, from any Company computer or mobile device is strictly prohibited.
Improper Use 5.1
Employees must not access or use IT Systems to send or post Inappropriate Material to anyone. Employees must not store any Inappropriate Material on IT Systems.
5.2
Employees must not use IT Systems to access, seek, download, print, copy, or retrieve any Inappropriate Material.
5.3
Employees who receive an Email or Internet message that includes Inappropriate Material from anyone, have a responsibility, as the recipient, to immediately delete such material, to refrain from forwarding such material and to advise the sender to immediately cease sending such material. If the sender continues to send such material, Employees must report the receipt of Inappropriate Material.
5.4
Employees must not, under any circumstances, use IT Systems to abuse, harass, mislead or threaten other persons. Such behaviour may result in disciplinary action, up to and including termination of employment and in certain cases lead to prosecution by law enforcement bodies. Employees are also prohibited from accessing or using IT Systems to make slanderous or defamatory comments in Email or on the Internet. Employees must conduct themselves in a professional manner at all times when using IT Systems, and particularly in communicating via Email, both internally and externally.
5.5
Employees must not send personal emails with work related attachments such as programs, screen savers, audio or video files.
5.6
Employees must not use USB or other external storage devices.
6.
Transmission of Confidential Information 6.1
Internet and external Email services are not inherently secure. Under normal circumstances the Internet and external Email services are only to be used for non-confidential information. The transmission of highly confidential information via the IT System, either to the Company, or to outside agencies, companies or individuals is prohibited, unless a specifically approved method of encryption is authorised by IT.
6.2
Personal passwords must be kept confidential and shared with no one. Under no circumstances may Employees use a colleague's user-id and/or password.
TIKTOK AUSTRALIA PTY LTD
48
7.
Corporate data and copyright 7.1
Copyright laws must be obeyed at all times, including the copyright of material which appears on the Internet.
7.2
Employees may not copy data or software for any purpose other than that required by the terms of their employment with the Company.
7.3
Employees may not load or run any software product or computer application on any Company computer or mobile device unless the Company is licensed for its use.
8.
Basic security 8.1
When Employees leave their computer unattended, they must log out of their session or invoke a password-controlled screen-saver.
8.2
If Employees use a portable workstation, Employees must lock it away securely when not in use. It must not be left unattended in a motor vehicle.
9.
Disciplinary action 9.1
The Company considers any breach of this Code as very serious.
9.2
An Employee who breaches the provisions of this Code and the associated Workplace Security and Surveillance Policy may face disciplinary action which, in the event of a serious breach can result in termination of employment, including termination of employment without notice.
10.
Reporting of Breaches and Complaints
10.1
In the event that Employees receive any Emails which they regard as Inappropriate Material, please report to IT Security On Call via Lark.
10.2
In the event that an Employee s aware of a breach of this Code, they should report the event to their line manager or the Ethics Office.
11. 11.1
Further Information If Employees require any further information regarding this Code or are uncertain as to whether particular conduct may constitute a breach of this Code, they should contact their line manager or HRBP.
TIKTOK AUSTRALIA PTY LTD
49
WORKPLACE SECURITY AND SURVEILLANCE POLICY Introduction As a necessary part of our business, the Company uses various forms of surveillance technology. The primary purpose of this technology is to protect the Company's people and assets by ensuring that neither employees or the Company are exposed to loss or liability which may result from an unsafe workplace, or the inappropriate and/or unauthorised use of the Company's resources. Consistent with the Company's culture of openness we believe that it is important for all employees to be aware of the range of surveillance activities undertaken and how we may use the information which is collected. Although it is possible that the Company's surveillance activities will change over time to meet business needs and accommodate new technology, the methods adopted by the Company typically fall into one of the following three categories: •
computer surveillance;
•
security access points; and
•
camera surveillance.
1.
Computer Surveillance 1.1
This includes the use of software or other equipment that monitors or records the use of a computer and the Company's computer network (including, information input and output, the sending and receipt of emails and accessing of Internet websites). Most commonly, this data and information is recorded through normal computer operations (including the storage of temporary files, cache memory and usage logs).
1.2
The Company uses computer surveillance in accordance with the Company's IT Code of Conduct as in force and as amended from time to time.
1.3
The Company reserves the right to monitor, access, review, copy, and delete anything (deleted or not) accessed through Company IT with or without notice to employees and/or in employees’ absence.
1.4
Office telephones are provided for business purposes. While the Company recognizes that some personal calls are necessary, these should be kept as brief as possible and to a minimum. Personal use of the Company’s cell phones, long-distance account, or toll-free numbers is strictly prohibited.
2.
Security Access Points 2.1
The Company uses security access cards and security entry points. This technology does not monitor a person's specific location on the Company's premises at any given time, but it does record the time and location that such persons use those cards to pass through designated entry and exit points, or access entry through fingerprint scan entry points.
2.2
Every Employee will be issued with a Company badge and lanyard. The badge acts as the Employee’s credential (ID) to enter the Company’s offices and helps the security team and other Employees to identify the badge-holder as a legitimate user of the space.
2.3
Employee must wear their badge at all times, with it clearly visible and on the outermost layer of clothing.
TIKTOK AUSTRALIA PTY LTD
50
2.4
Employee’s Company badge will only work (is "active") in offices in which the Company’s access control system is installed. The Company’s own system is installed in "permanent" offices only.
2.5
The required level of access ("access permissions") will be added to Employee’s Company badge and landlord badge. Help Document for “My Badge”Applet
2.6
Access permissions are typically straightforward with "general access" provided. In some offices, different access levels may exist - for example, a specific room, such as a TikTok Creator Lounge, will not be included in a "general access" and you will need to request this access specifically. The Security team will obtain approval from your line manager, or the business "owner" of the space, to validate the request.
2.7
The primary purpose of this technology is to restrict and monitor access to the Company's premises to ensure that such premises are secure and without risk to employees' health, safety, or welfare. For this reason, the technology operates on a continuous and ongoing basis. The Company reserves the right to use information generated by these devices for the purposes of verifying an individual's entry to and exit from the Company's premises.
3.
Camera Surveillance 3.1
3.2
The Company uses CCTV throughout its premises. The use of this technology includes both real time monitoring, and the recording of images. However, except as otherwise permitted by law, all video surveillance: (a)
is conducted using visible closed-circuit camera equipment; and
(b)
will not be used in any change room, toilet facility or shower or other bathing facility at the Company's premises. Like security access points, the primary purpose of the Company's use of CCTV technology is to ensure that the Company's premises are secure and without risk to the health, safety or welfare of employees. For this reason, the technology operates on a continuous and ongoing basis. The Company reserves the right to use information generated by these devices for the purposes of verifying an individual's conduct on the Company’s premises.
TIKTOK AUSTRALIA PTY LTD
51
SOCIAL MEDIA POLICY Introduction The ever-changing and inherently public nature of online communication presents a range of challenges to the Company as it endeavours to safeguard its commercial activities, its brand and reputation, its customers, and importantly, as it attempts to ensure (so far as reasonably practicable) the health and safety of its Employees and other Workers. The Company recognises that Employees may use Social Media, including outside of work hours or outside work, and in a private capacity. However, Employees must be aware that any use of Social Media by them may have the ability to impact their employment, other employees, and the Company's interests. The purpose of this Policy is to guide the use of Social Media by Employees in an attempt to protect their colleagues and the Company's interests. This Policy informs employees, contractors and consultants about what is considered by the Company to be acceptable use of and participation in Social Media, as well as their rights and obligations in relation to standard working practices for the use of Social Media when employed or engaged by the Company. This Policy outlines the Company's approach to Social Media use by its Employees. This Policy applies to use of Social Media for: •
work activities;
•
personal activities whilst at work; and
•
personal activities, whether at work or outside work, where Employees or other Workers refer to the Company (including but not limited to its business or its employees).
1.
Definitions 1.1
In this Policy: Company means, collectively and severally TikTok Australia Pty Ltd and related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth). Employee means a person employed by the Company. Social Media is the collection of online technologies that allow the posting and uploading of content (including text, photos, audio and video) in real time and/or the sharing of content and social networking. This includes online forums, instant messaging services, blogs or other websites including but not limited to TikTok, Facebook, Twitter, LinkedIn, Flicker, YouTube, MySpace, Instagram and Tumblr. Worker means an individual performing work in any capacity for the Company, including as an Employee, a contractor, a subcontractor, a labour hire worker, a work experience student or a trainee.
2.
Responsibilities of Managers, Employees, and Workers 2.1
Managers should promote and adhere to this Policy and provide guidance and assistance to Employees and other Workers in complying with this Policy.
2.2
Employees and other Workers must promote and adhere to this Policy.
TIKTOK AUSTRALIA PTY LTD
52
2.3
3.
All managers and Employees and Workers have a responsibility not to allow their use of Social Media to have an adverse impact on the performance of their duties, the Company's interests or their colleagues.
General Obligations 3.1
The Company's IT resources (including computer software and hardware, email and internet access) is provided to Employees for work purposes. The Company does not seek to prohibit reasonable personal use of its IT resources which may include use of Social Media in limited circumstances (for example, as a tool of communication or as otherwise approved by the Company). However, Employees must ensure their Social Media activities do not interfere with their work, the completion of their duties or their productivity. Any use of Social Media by Employees or Workers whilst at work must be in accordance with this Policy and any other Company policies that may be applicable.
3.2
Even when an Employee or Worker is speaking as an individual, people may perceive that Employee or Worker to be speaking on behalf of the Company. Employees and Workers must refrain from speaking about Company information or news when using Social Media. If an Employee or Worker would like to speak on behalf of the Company, they must seek approval from the Communications Team at [email protected].
3.3
When using Social Media, Employees and Workers should behave as they would in the physical world. What Employees and Workers publish on Social Media is generally widely accessible and can exist indefinitely, so Employees and Workers must consider the content very carefully. Employees and Workers should be accurate and factual. Employees and Workers must not post anything on Social Media that is false, misleading, obscene, defamatory, disparaging, profane, discriminatory, harassing, hurtful, libellous, threatening, abusing, hateful or embarrassing to or of another person or entity. Such statements may result in legal liability for both the Employee or Worker and the Company.
3.4
Employees and Workers must be aware that the lines between public and private, personal and professional are often blurred on Social Media. Simply identifying as an employee of the Company on Social Media may result in content posted by that Employee or Worker on Social Media being associated with the Company and public perceptions of the Company. Employees and Workers must ensure that any content associated with them on Social Media is consistent with their work at the Company and does not include debate, dissent or disagreement with the Company's policies or their manager's instruction. The Company recommends that Employees and Workers do not identify themselves as Employees or Workers on their personal Social Media accounts.
3.5
Content associated with an Employee or Worker must not compromise the Company's brand, values and/or reputation. If an Employee or Worker links to a video or other content on Social Media, that Employee or Worker may be viewed as endorsing content and this Policy extends to any such linked content. An Employee or Worker should not expressly refer to the Company on Social Media unless expressly permitted by the Communications Team to do so.
3.6
Under no circumstances are Employees or Workers to post, or allow to be posted, inappropriate materials on Social Media including materials which may breach the Company's Equal Opportunity, Anti-Discrimination, and Harassment or Bullying policies.
4.
Inappropriate Use of Social Media 4.1
If an Employee or Worker becomes aware of any Social Media activity that might be inappropriate or in violation of this Policy, they must contact the Ethics Office immediately.
TIKTOK AUSTRALIA PTY LTD
53
4.2
The Company may require Employees or Workers to remove Social Media content that is prohibited by this Policy. A failure to comply with such a request may result in disciplinary action deemed appropriate by the Company, and may include termination of employment.
4.3
Breaches of this Policy may be investigated (where appropriate) and may result in disciplinary action being taken against an Employee or Worker, up to and including termination of employment.
TIKTOK AUSTRALIA PTY LTD
54
Employee Handbook Acknowledgment I ___________________________________, hereby acknowledge that I have read and understand the terms of this Employee Handbook. To the extent that the policies contained in this Employee Handbook require me to do or refrain from doing something, I acknowledge that they constitute a direction from TikTok Australia Pty Ltd with which I must comply. The Employee Handbook will not form part of my contract of employment and is not binding. TikTok Australia Pty Ltd retains the right to vary, cancel or replace this Employee Handbook, or any of its contents, at any time. I have carefully read this Acknowledgement of Receipt.
Date
Employee Name
Employee signature
TIKTOK AUSTRALIA PTY LTD
55