CODE OF CONDUCT
Date: 9th August 2021
YES-EU Group AG
Supplier’s Declaration for Sustainability in Procurement
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This declaration is given by SUPPLIER in relation to the supplying agreement (“AGREEMENT NAME”) with YES-EU.
1. COMMITMENT TO THE CODE OF CONDUCT 3
2. HIGHLIGHTED AREAS OF RESPONSIBILITY 4
2.2 Environmental Protection 4
2.4 Measures Against Corruption, Bribery, Money Laundering and Conflicts of Interest 5
3. REQUIREMENTS FOR SUPPLIERS 6
3.1 Human Rights and Working Conditions 6
3.1.1 Forced or Slave Labour (ILO Convention no. 29 and 105) 6
3.1.2 Right to Organise and Collective Bargaining (ILO Convention no. 87, 98, 135 and 154) 6
3.1.3 Child Labour (UN Convention on the Rights of the Child, ILO Convention no- 138, 182 and 79, ILO Recommendation no. 146) 7
3.1.4 Discrimination (ILO Convention no. 100 and 111 and UN Convention on the Elimination of All Forms of Discrimination Against Women) 7
3.1.5 Cruel, Inhuman or Degrading Treatment (UN Convention on Civil and Political Rights, article 7) 7
3.1.6 Occupational Safety and Health (ILO Convention no. 155 and Recommendation no. 164) 8
3.1.7 Remuneration (ILO Convention no. 131) 8
3.1.8 Hours of Work (ILO Convention no. 1 and 14) 8
3.1.9 Regular Employment (ILO Convention no. 95, 158, 175, 177 and 181) 9
3.1.10 Marginalised peoples (UN Convention on Civil and Political Rights, article 1 and 2) 9
3.2 Climate and the Environment 9
3.4 Corruption, bribery, money laundering and conflicts of interest: 10
3.4.1 Combatting the facilitation and financing of corruption and bribery 10
3.4.3 Conflicts of interests 11
YES-EU AS (Ltd) (YES-EU) strives to be recognised as a company committed to the highest ethical standards in the industry. We strive to be a model of honest and fair business conduct. We are proud of the quality of our people and the professional reputation and market image they have built through their work.
This Code of Conduct reflects our high standards of professional behaviour and ethics in dealing with all our stakeholders. YES-EU considers stakeholders such as employees, shareholders, creditors, customers, suppliers, contractors, governmental and non-governmental organisations, the communities in which YES-EU operates and other parties that influence or are influenced by YES-EU.
It goes without saying, but it is important to emphasise that we will comply with laws, regulations and agreements. This includes both external and internal regulations, such as laws, regulations, policies, standards, instructions, processes, routines/procedures, and agreements. This also includes, but is not limited to, compliance with the following international legal instruments: the ILO Convention, the UN Convention (and subsequent UN Conventions) and national labour laws at the place of production.
In addition to this Code, YES-EU complies with all provisions of the European Regulations and all other applicable regulations and laws. Where international conventions and national legislation overlap, the highest standard always applies as the overriding principle.
YES-EU expects all of the company's customers and suppliers to respect the basic requirements of the environment, human rights and ethical trade. The expectation of compliance with the basic requirements, human rights and ethical trade takes place in close cooperation and dialogue with our customers and business partners.
YES-EU expects all customers and business partners to communicate these requirements to their respective suppliers and contribute to their compliance, in addition to their own compliance efforts.
All customers and suppliers will at all times be aware of and comply with current standards, rules and principles for sustainability, human rights, and ethical trade. This includes all international conventions for climate and environment, human rights, social responsibility, ethical trade, and compliance with government requirements, laws and regulations.
2.1 Social Responsibilities
We support human rights in line with the Universal Declaration of Human Rights, and YES-EU respects these rights in the conduct of the company's business around the world.
We look for opportunities to support positive efforts to promote a broader understanding of the values of human rights, particularly where they help YES-EU local communities.
Our efforts to uphold important social responsibilities consist of closely adhering to the standards set out in ILO Conventions and Recommendations, UN Convention on the Rights of the Child, UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UN Convention on Civil and Political Rights.
These conventions and legal instruments include rights that address forced and/or child labour, trade unions, collective rights, all forms of discrimination, physical abuse and/or punishment, protection of health, environment and safety, and decent working hours, wages and employment. This also includes the protection of marginalised communities.
YES-EU respects the environment and protects our natural resources. Wherever possible, we prevent or minimise harmful effects of business activities on the environment.
Compliance with all environmental laws and regulations is the foundation on which we build our environmental performance.
YES-EU supports the United Nations Sustainable Development Goals and has adopted international standards in key areas such as international human rights, business ethics and working conditions. YES-EU expects its business partners to adhere to similar standards and requires the same from its own business partners, especially those doing business for YES-EU.
In addition, business partners are encouraged to develop and implement an environmental policy and to operate in compliance with all applicable environmental laws and regulations.
YES-EU encourages business partners to develop and use environmentally friendly technologies, products and services.
YES-EU expects existing business partners to promptly report any suspicions or concerns about violations or any other non-compliance with the standards set forth in this document to allow for a joint review of the facts and remediation. This applies to both YES-EU 's business partners and their subcontractors.
YES-EU would like to assure its stakeholders and business partners that the company fully complies with the principles of fair and ethical trade.
We strictly prohibit anti-competitive agreements or behaviour, including price fixing, restricting the supply of goods or services, bid rigging and market sharing. We require our business partners to commit to free and fair competition and to comply with relevant competition laws and regulations.
We expect our business partners to adhere to the highest standards of business ethics, respect local laws and not engage in any form of corruption, bribery, fraud, facilitation payments, kickbacks, illegal gratuities or extortion. YES-EU considers facilitation payments as a form of corruption and has a zero tolerance policy for such payments.
YES-EU conducts its business with high integrity and within the limits of the law and regulations. We will not allow our business partners to condone or support money laundering in any form anywhere on behalf of our company.
At YES-EU we act ethically and consciously in every aspect of our business activities. This is because it is the only way we can build and grow a business that is both attractive and sustainable, and that can benefit society as a whole.
We will be a safe company for our customers and a reliable business partner that recognises the importance of a healthy and white economy. Therefore, the company will do everything possible to combat and prevent countervailing forces in this area.
We are responsible for ensuring that our operations are not exploited for illegal activities through our services. This includes combating corruption, money laundering and bribery, as well as dealing responsibly and conscientiously with conflicts of interest. In order for our procurement processes and client relationships to see the light of day, we must be transparent and clear about our stance on these issues with both clients and business partners.
3.1.1.1 No form of forced labour, slave labour or compulsory may occur.
3.1.1.2 Workers shall not need to submit a deposit or identity papers to the employer and may freely choose to end the employment at any time with a reasonable notice period.
3.1.2.1 Workers shall have the right without distinction to form and join organisations of their own choosing without prior authorisation, subject only to the rules of the organisation concerned. Employers shall not in any way hinder, obstruct or undermine the establishment of or accession to trade unions or collective bargaining and agreements.
3.1.2.2 Representatives of trade unions shall not be discriminated against or hindered in their work as union representatives.
3.1.2.3 Where the right to form and join organisations and to bargain collectively is restricted by law, employers must facilitate, not impede, alternative mechanisms for free and independent organising and bargaining.
3.1.3.1 Minimum age for workers shall not be less than 15 years, and in accordance with i) minimum age for employment, or ii) minimum age for compulsory schooling, with the highest age being applicable
a minimum age of 14 may be accepted if the local minimum age is set to 14 years in accordance with the exception in the ILO Convention 138.
3.1.3.2 Recruitment of child labourers in violation of the above-mentioned minimum age shall not occur.
3.1.3.3 Children under 18 years must not perform work that is endangering their health, safety, or morale, including night work.
3.1.3.4 Action plans shall be established for the rapid elimination of child labour in violation of ILO Conventions 138 and 182. Action plans shall be documented and communicated to relevant staff and other interested persons. Arrangements shall be made for support measures whereby children are provided with opportunities for education until the child reaches the age of compulsory schooling.
3.1.4.1 There shall be no discrimination in employment, remuneration, training, promotion, dismissal or retirement on the grounds of ethnicity, caste, religion, age, disability, gender, marital status, sexual orientation, trade unionism or political affiliation.
3.1.4.2 Protection is provided against sexually intrusive, threatening, abusive or exploitative behaviour and against discrimination or dismissal on unreasonable grounds, e.g. marriage, pregnancy, parenthood or HIV infection.
3.1.5.1 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. The same applies to sexual misconduct or other forms of misconduct or humiliation.
3.1.6.1 Ensure that workers can work in a safe and healthy working environment. Handling of hazardous chemicals and other substances shall be done properly and carefully. The necessary measures shall be taken to prevent and minimise accidents and injuries arising out of or in connection with the work.
3.1.6.2 Workers shall receive regular and documented health and safety training. This training must be repeated for all newly recruited or transferred workers.
3.1.6.3 Workers must have access to clean sanitation and safe drinking water. If necessary, the employer must also provide access to facilities for the safe storage of food.
3.1.6.4 If the employer provides accommodation or meals, they must be clean, safe, adequately ventilated and have access to clean sanitary facilities and safe drinking water.
3.1.7.1 Workers' wages for a regular working week must at least meet national minimum wage regulations or industry standards, whichever is the highest. Remuneration must always be sufficient to cover basic needs, including some savings.
3.1.7.2 The terms of pay and payment must be agreed in writing before the employment relationship begins. The agreement must be comprehensible to the employee.
3.1.7.3 Deductions in salary as a disciplinary action is not accepted.
3.1.8.1 Working hours shall comply with national laws or industry standards and shall not exceed working hours under applicable international conventions. Regular working hours per week shall normally not exceed 48 hours.
3.1.8.2 Workers shall have at least one day off per 7 days.
3.1.8.3 Overtime should be limited and voluntary. The recommended maximum limit for overtime is 12 hours per week, i.e. for a total working time of 60 hours per week. Exceptions to this may be accepted if regulated by collective agreement or national law.
3.1.8.4 Workers are always entitled to overtime pay when they work beyond normal working hours, at least in accordance with current and applicable laws.
3.1.9.1 Obligations to workers in accordance with international conventions, national laws and regulations on regular employment may not be circumvented by the use of short-term commitments, such as the use of agency workers, 0-hour contracts or day labourers, subcontractors or other employment relationships.
3.1.9.2 All workers are entitled to an employment contract in a language they understand.
3.1.10.1) The production and use of natural resources must not contribute to the destruction or deprivation of the livelihoods of marginalised peoples, such as through the seizure of large tracts of land, the unsustainable use of water or other natural resources on which these people depend.
1 Measures are implemented to reduce and minimise negative impacts on health and the environment throughout the supply chain to minimise emissions, promote efficient and sustainable use of resources, including energy and water, and minimise greenhouse gas emissions during production and transport. The local environment at the production site shall not be adversely affected or damaged by pollution.
2 National and international environmental protection laws and regulations shall be kept and relevant emission and discharge permissions must be obtained.
3 YES-EU requires that suppliers do not use substances that can cause serious damage to health such as cancer, mutations, reproductive problems and other substances that are harmful to the environment.
4 Suppliers of YES-EU shall, as far as possible, use products that can be reused and whose life cycle has the least possible impact on the environment. Unnecessary packaging shall be avoided.
5 YES-EU’s suppliers shall actively work towards minimising any negative environmental impact.
All forms of bribery are unacceptable, as are alternative channels for obtaining unlawful private or professional advantage for customers, agents, contractors, suppliers or their employees, and public officials.
YES-EU suppliers shall avoid trading partners operating in countries boycotted by the UN and/or the European Union. YES-EU expects transparency from suppliers, including with regard to the exchange of information on climate and environment, social responsibility and ethical trade. Suppliers must not evade taxes and must comply with tax regulations and international conventions in the countries where they do business. YES-EU 's suppliers must comply with rules, regulations and internal policies and adhere to good business practises to promote trust in the company.
YES-EU will actively work against both facilitating and funding corruption. We are committed to doing everything in our power to protect the company, its stakeholders and business partners from exploitation and the associated risks of loss of reputation, trust and financial resources.
We refer here to the UN Convention against Corruption, the only legally binding and universal anti-corruption instrument. The Convention's wide-ranging approach and the binding nature of many of its provisions make it a unique instrument for developing a comprehensive response to a global problem. The vast majority of UN Member States are Parties to the Convention.
By setting such strict requirements and a zero tolerance policy towards corruption, YES-EU is clearly taking a stand to contribute to sustainable social development.
This includes a zero tolerance policy on bribery. As mentioned above, it is our policy to conduct all business in an honest and ethical manner. Employees or others representing YES-EU must not offer or accept illegal or improper gifts, money or other remuneration to gain business or personal advantage.
Money laundering is a social problem that both European and international legislation require us to actively combat.
In addition to proper compliance with formal legal requirements, we do our utmost to maintain constant vigilance to prevent our customers or business partners from becoming victims of financial crime. We recognise that this approach can add value for our clients and business partners.
At YES-EU we actively avoid conflicts of interest, as these can affect our ability to make correct decisions. This may be the case when the interests of the company are not aligned with personal interests, or between the requirements and expectations of the authorities, the needs of clients and the economic objectives of the company or the expectations of the owner.
Employees of YES-EU are expected to act, at all times in the best interests of the company and to exercise sound judgement unclouded by personal interests or divided loyalties. Employees must avoid the appearance of conflicts of interest, as well as actual conflicts of interest, both in the performance of their duties for the company and in their activities outside the company.
When selecting suppliers, YES emphasises the environment, social responsibility, ethical trade and sound business and corporate governance. Upon request, YES may require suppliers to provide evidence of their environmental performance and management system, e.g. through third party verification or certificates. When evaluating a bid, YES will place emphasis on whether the supplier has an environmental management and governance system in place.
Upon request from YES, suppliers must document how they themselves, as well as any subcontractors, comply with the policies described in this and other documents, including compliance with internal control requirements. This can be done by follow-up interviews with YES and/or by mapping the working conditions at the production site.
If YES wishes to verify subcontractors' compliance with the Guidelines, suppliers are required to allow such verification and provide the names and contact information of the subcontractors. If a supplier fails to comply with one or more of the policies listed in this document, YES may request improvements. If improvements cannot be made or the breach of policy is severe, it will be considered a breach of contract and YES will re-evaluate the terms of the agreement. This may result in the order being reduced or the agreement being terminated without entitlement to any form of compensation. YES ' Suppliers must have a well-functioning system for dealing with environmental, social responsibility and ethical trade complaints. Suppliers must ensure that such complaints can be raised by workers and external parties as well as local communities and civil organisations. This statement is a supplement to previous contractual documents and replaces the "Standard Annex on Corporate Social Responsibility".