Ethical Code Ethical Code ENG
Ethical Code Guidelines
WINTERMAR OFFSHORE MARINE GROUP
(WINS)
Rev : 2
April 2016
Ethical Code Guidelines
What is Ethical Code
The Ethical Code Guidelines is established to set rules and requirements to
define acceptable and unacceptable principles, which guide the conducts of
personnels in business practices, communities and the internal corporate
environment. This Code is also vital to support the Company’s value of
Integrity and its Anti-Corruption Practices Policy.
These Ethical Code Guidelines must be put into practice within
WINTERMAR OFFSHORE MARINE GROUP environment to support
Company’s reputation and authority. The Company recognizes that the
Company’s personnel’s actions in business conduct will affect how other
stakeholders view the Company. It is therefore imperative that the Code is
adhered to by every personnel in the Company.
The Company in this document refers to all companies within the
WINTERMAR OFFSHORE MARINE GROUP. The personnel in this
document refers to personnel at all levels of hierarchy including offshore
and shore based crew and officers, office staff, managers, directors and
commissioners. These Ethical Code Guidelines not only apply within the
company working environment, but they are enforced in every operational
area of our business.
Ethical behaviour must be an integral part of duty of every personnel. The
Company takes a serious view to ensure that the values embodied in this
Code are implemented in practice. Disciplinary actions, which may include
termination of employment, will be taken for any serious violation of the
Code or prevailing laws and regulations.
Page 1
Bribery, Corruption and Dishonesty
Although the Code cannot cover every situation of ethical behavior, it offers
guidance for all personnel against acts of bribery, dishonesty and corruption
for personal gain, and how to behave ethically in relation with fellow
personnel in the Company, client, charterer, supplier, contractor, insurance,
agent, shipyard, class bureau, consultant, bankers and other third parties that
the Company may be in business with.
Most countries have a legal system that prohibits corrupt practices including
within the jurisdiction of The Republic of Indonesia. The violation of these
laws shall be considered as a serious violation and may inflict fines to the
Company and jail term for the perpetrator. Even an allegation of bribery or
corruption is enough to cause damages to the reputation of the Company.
BRIBERY and CORRUPTION:
Bribery and Corruption means to accept or give anything improperly, as a
compensation to influence a certain behaviour or decision or to acquire
profit for the perpetrator, whether or not it is in expense of the Company.
Prohibitions:
•
It is prohibited to accept or give personal favours or gift of any value in
any way, including parcels for special occasions such as
Lebaran/Christmas. This also includes items of value or any cash
unless in circumstances where such refusal will lead to awkward
business situation. When the occasion arises, such transaction must be
immediately reported to personnel’s superior and the gift declared in
accordance with Company procedure (E/SPK/OPM/42).
•
Clients/charterer, supplier, contractors, agent, shipyard and partner are
prohibited to cover any cost of Company business trip or
accommodation both locally and abroad.
Page 2
•
It is prohibited to accept from or give anything to fellow personnel
either offshore or shore for personal favour or gain or to cover-up
misconduct.
Each of the above violation will be dealt according to all effective
regulations in place and could lead to immediate termination of
employment without compensation.
DISHONESTY:
Whether intentionally or unintentionally, fabricating, imitating, damaging,
erasing or concealing any property, logs, records or documents (including
electronic documents) or any counterfeiting, manipulation or misuse of
authority with the purposes of:
•
Generating money, possession, service or information which would not
be acquired without these practices.
•
Altering personal or business performance record.
•
Inflicting company loss and damaging company reputation.
•
Derogating company rights/opportunity in business competition or
damaging company reputation.
Dishonesty may arise from Company’s internal environment as well as
external which are not always involving the personnel. Any dishonest
practice may result in termination of personnel and may lead to lawsuit.
Page 3
Company Ethical Code Guidelines
This guideline is created to provide examples and to clarify the Company
Ethical Code that is widely applied. It, however, does not cover every
situation for which the Code applies. It also defines the disciplinary
procedure imposed for violation.
GIFT FROM THE SUPPLIER/BUSINESS PARTNERS
Gift refers to any kind of money, goods, service or treatment given or
received by personnel with the purpose of personal gain.
The guidelines includes goods and services provided by the
supplier/business partner to the company personnel unless given to on
behalf of the company, not individually.
Examples of prohibited gifts are as follows:
•
All gifts received at home and office including hampers, parcels of
food.
•
A welcome gift sent to the hotel during business trip.
•
Service for free or special offers from supplier/contractor/third parties.
•
Cell phone vouchers or credit
Examples of allowable gifts are as follows:
•
Donation or sponsorship for company event from supplier/contractor.
•
Compassionate gift of modest value that is given to a personnel during
illness/maternity (such as bouquet, cake, fruits).
Page 4
•
Gifts that have been declared by the personnel to the superior and that
the disposition of the gift has been settled by the superior.
•
Promotional merchandise such as calendars, agenda, pens and t-shirts
bearing the logo of the supplier/contractor.
BUSINESS TRIP / ACCOMMODATION EXPENSES
Example of prohibited actions:
•
Accept payment for business trips, hotel expenses, domestic or
international by supplier, shipyard or contractors.
•
Providing fake receipts of any purchases , expenses, including hotel
bills, meals, transport etc.
•
Marking up actual costs.
•
Conduct unnecessary trip during business trip.
•
Accepting or asking for money or gifts from vessel crew.
•
Include as company expense, unrelated personal or family member
expenses during business trip.
Example of non- prohibited actions:
•
Business trip expenses where a charterer/business party requires for
the personnel to be represented by the company. Such trip is allowed
after proper procedures have been carried out.
Page 5
ENTERTAINMENT
Although general treats are normal business/social behaviour, personnel
should refuse a dining invitation or other treats which are offered either in
excess of social norm or too frequent in order to avoid dishonour or to
maintain objectivity in carrying out Company duties.
In cases where it would be impolite to refuse an invitation, personnel must
seek prior approval from direct superior before accepting.
Examples of prohibited entertainment are as follows:
•
Accepting any ticket to events with or without the provider present.
•
Using provider’s facilities such as: house, villa for personal use.
•
Any kind of entertainment outside the limits of proper business
hospitality.
•
To prolong a business trip for vacation paid by the
host/client/charterer, supplier/contractor, agent, shipyard or business
partner.
•
Any from of immoral activity.
Examples of non- prohibited entertainment are as follows:
•
An entertainment with the presence of the giver and within the limits
of proper business hospitality eg modest dining.
Page 6
REBATE/DISCOUNT/COMMISSION
All rebate or discount that is given by supplier/contractor/third party belongs
to the Company. Personnels are prohibited to accept any
commission/complimentary in cash directly or indirectly (via bank transfer
or third party) for personal gain.
DISCIPLINARY PROCEDURE
The non-compliance of the above guidelines is a violation of the regulation
in effect, therefore proper disciplinary measures will be taken accordingly as
stated in the Company Regulation and Company procedures and this may
lead to the termination of employment.
Page 7
Related topics on Ethics
OFF DUTY
Where a personnel wishes to work elsewhere with or without remuneration,
routinely or as a part time consultant, s/he should obtain prior written
approval from his/her superior or the Managing Director.
CONFLICT OF INTEREST
Personnels should avoid involvement in investment or business activities
that may cause conflict of interest with the Company.
Any family or close relations who are the suppliers/clients/contractors must
be disclosed to the Company.
CONFIDENTIAL INFORMATION
Personnel are prohibited to disclose or expose confidential Company
information in any manner to anyone outside the Company, without prior
written permission from Managing Director. Confidential information refers
to all information related to Company’s business activities that are unknown
to parties outside the Company.
NEGATIVE PERSUASION
All personnel are prohibited to persuade or influence other people in a way
to violate regulation.
LOAN TO/FROM THE SUPPLIER OR CONTRACTOR
All personnel or his/her relatives are prohibited to offer, guarantee or receive
a loan to or from any business entity or their intermediary or anyone who
has a business relation with the Company.
Page 8
MISUSE/ SALES OF COMPANY'S PROPERTIES
All sales profit of Company properties of any kind belongs to the Company.
Company assets include, but not limited to fuel, oil, rental, space, sale of
company rights on a contract, collecting rights, recycleable waste and used
equipments.
HARASSMENT – FREE
Company will not tolerate any harassment between personnel or external
parties who are in business relation with the Company. Details on
harrassment may be found in the Company Anti-Harassment Policy.
Page 9
Procedure “When in doubt”
Whenever personnel are in doubt, s/he can ask for clarification from her/his
superior or the Managing Director.
When a compromising position is encountered, the personnel are strongly
encouraged to report the case before any action taken.
Declare to direct superior and hand over the gift to head of GA Division for
settlement.
Write an appreciation letter using official letter head to the giver on behalf
of the Company gratitude.
Page
10
Reporting Dishonesty or Corruption
Personnels must immediately report to the superior whenever there is an
indication of dishonesty or corruption directly or indirectly committed by
the personnel or other personnels for immediate action.
The Company is concerned with the protection of the witness/personnel’s
interest. Therefore, all reported evidence is treated with strictest of
confidence.
If in any reason personnel is hesitant to talk about
dishonesty/corruption to the superior in the Company, s/he may report
it directly to the Managing Director.
A communication via email is provided for anonymous reporting:
Email: [email protected]
[email protected]
Company guarantees that there will be no termination, demotion,
threat, prosecution or discrimination for those who report a violation of
this Ethical Code. The personnel/witness will be fully protected due to
the confidential nature for the witness’s peace of mind.
Page
11
Appendix 1. Excerpts from Company Regulations
CHAPTER IX: Work Procedures and Disciplinary Regulations.
Section 35 : Obligations and Responsibilities
1. Personnel are required to maintain office appliances/equipment and
other properties provided by the Company and other Company
properties.
2. Personnel are required to immediately report to the superior on the loss
or damage of the office appliances/ equipment and Company properties.
3. All personnel are required to report on every other personnel activities
that might put the Company at loss or breaking Company regulations
and policies.
4. All personnel are required to check all office appliances, machines etc,
before and after performing their duties in order to avoid damage that
can endanger work activities.
5. Personnel are required to maintain and firmly keep confidential
company information from other parties in relation to his/her knowledge
about the company, even though s/he no longer works for the company.
6. Personnel are required to abide by the Company regulations regarding:
a. Work health and safety measures
b. Security and protection
c. Administration
d. Company policies
Page
12
Section 36 : Restrictions for the personnel
1. All personnel are prohibited to operate any business activities outside
the company interests.
2. Personnel are prohibited to misuse or remove office
appliances/equipments and Company properties from the predetermined
place/location, except to be used in relation to duties and responsibilities
assigned within Company environment.
3. All personnel prohibited to consume alcoholic beverages, to be
intoxicated at workplace, to carry or keep and abuse drugs, to be
involved in any gambling activities and to fight or quarrel with other
personnel, superior or the Managing Director within Company
environment.
4. All personnel are prohibited to possess or to carry any kind of firearms
or blades within the Company environment.
5. All personnel are prohibited from incident or lecherous deeds.
6. All personnel are prohibited to trade any properties/equipments
belonging to the company.
7. All personnel are prohibited to trade any products or to distribute
donation forms or brochures from outside the company, to
display/distribute posters and leaflets within company environment
without permission from the Managing Director.
Page
13
Section 37 : Penalty Against Violation of Work Procedures and
Disciplinary Regulations
1. Any violation of work procedures and disciplinary regulations will have
a penalty imposed. The weight of the penalty will be considered
according to the faults/violations committed as well as other factors
influencing the incident.
2. In cases where a violation of work procedures and disciplinary penalties
occurs while a previous penalty is still in effect, the validity of the new
penalty will take effect when the new penalty is issued.
3. It is unnecessary to give penalties in sequences, instead the new penalty
will take into consideration the weight of all violations commited.
4. A penalty will expire if the predetermined duration has been spent
without new violations.
5. The types of penalty against violations of work procedure and
disciplinary regulations are as follow.
A. Reminder Letter
1)
Issued by the personnel’s direct superior or Managing Director and
will be recorded on the personnel’s personal data and valid for 3
(three) months.
2)
Types of violation subjected to a Reminder Letter are:
a)
Failing to register attendance log consecutively for 2 (two)
times in the same month.
b)
Absent for 1 (one) day in the same month without any
accountable reason.
c)
Arriving late for 3 (three) times in the same month from the
scheduled office hours.
Page
14
d)
Leaving the office/work place before schedule for 2 (two)
times in the same month without permission acknowledged
by the superior and without recording in attendance log.
e)
Failing to report or submit a memo from the doctor or
midwife or other eligible traditional physician on the first day
of work after absence
f)
Operating business outside Company’s interest, trading any
products or distributing donation forms or brochures from
outside the Company, displaying/distributing posters and
leaflets within Company environment without permission
from the Managing Director.
g)
Failing to report any alternations of personal data, including
address, family status (marital status, birth or death in the
family).
h)
Failing to comply with duties and reponsibilities applied in
the Company.
B. First Warning Letter (SP-I)
1)
Issued by the personnel’s direct superior / the Managing Director
and valid for 6 (six) months from date of issue.
2)
Violations subjected to the First Warning Letter (SP-I) are:
a)
Failing to register attendance log 2 (two) times consecutively
or 4 (four) times non-consecutively in the same month.
b)
Absence from work for 2 (two) days consecutively in the
same month without any accountable reason.
c)
Leaving the office/work place during office hours for 2 (two)
times consecutively or 4 (four) times non-consecutively in
the same month without submitting permission forms
acknowledged by the superior officer.
Page
15
d)
Arriving late for work from the scheduled office hours 2
(two) times consecutively or 4 (four) times nonconsecutively in the same month without permission
acknowledged by the superior officer and without recording
in attendance log.
e)
Recording the attendance log of other personnel.
f)
Inept or careless performance of duties that can inflict
hazard/ accidents upon him/ herself as well as other people.
g)
Performing actions that can damage / harm company image
or reputation.
h)
Failing to abide by a reasonable direct order from the
superior.
i)
Sleeping during office hours.
j)
Defying a proper assignment.
k)
Failing to report any damage to Company equipments/
appliances/ properties/ assets.
l)
Misusing and/ or moving office equipment/ appliances/
properties/ assets without permission from the Managing
Director.
m)
Misplacing office equipments/ appliances/ properties/ assets.
Page
16
C. Second Warning Letter (SP-II)
1)
Issued by the personnel’s direct superior/ Managing Director and
valid for 6 (six) months from date of issue..
2)
Violations subjected to the Second Warning Letter (SP-II) are:
a)
Failing to register attendance log for 4 (four) times
consecutively or 6 (six) times non-consecutively in the same
month.
b)
Absence on work for 2 (two) days consecutively or 6 (six)
times non-consecutively in the same month without any
accountable reason.
c)
Arriving late for work from the scheduled office hours 4
(four) times consecutively or 6 (six) times non-consecutively
in the same month.
d)
Leaving the office/ work place during office hours for 4
(four) times consecutively or 6 (six) times non-consecutively
in the same month without permission acknowledged by the
superior and without recording in attendance log.
e)
Providing false personal data.
f)
A penalty upgrade from the First Warning Letter (SP-I) after
a similiar violation and/ or an equally weighted violation.
Page
17
D. Third Warning Letter (SP-III)
1)
Issued by the personnel’s direct superior/ Managing Director and
valid for 6 (six) months from date of issue.
2)
Violations subjected to the Second Warning Letter (SP-III) are:
a) Carrying any ind of firearms or blades within the company
environment.
b) Conducting actions that can inflict disturbance which can put
the Company at a loss.
c)
Carelessly neglecting duties.
d) By intention or by negligence making him/herself unable to
perform any assigned tasks.
e)
Ineptitude in performing assigned tasks despite trials in other
fields and other departments.
f)
Falsifying sick notes, permission notes, employement letters.
g)
A penalty upgrade from the Second Wrning Letter (SP-II)
after a similiar violation and/or an equally weighted violation.
E. Immediate Termination of Employement
1)
Any personnel found guilty of any of the following violations will
have his/her employment terminated immediately on grounds of
grave violation of conduct. Temination of employement is
executed by the Managing Director and/or on a request by the
direct superior of the personnel with strong argument and data
support.
Page
18
2)
Violations subjected to Immadiate Termination of Employment
are:
a) Selling or transfering ownership of Company property or
assets.
b) Sexual harassment or discrimination due to ethnic group,
religion, race, and rank or gender.
c)
Conducting actions that can cause a loss to the Company.
d) Using physical force or threats against co-workers that may
cause disruptions in daily office activities.
e)
Conducting deliberate or careless action that inflicts damage
on Company equipment, assets or documents.
f)
Revealing and/or leaking out confidential
information, whether intentional or unintentional.
g)
Conducting criminal acts, including: stealing, embezzlement,
fraudulence, trading of illegal products inside or outside
company environments, unauthorized sale of company
properties, slandering, or pitting co-workers against each
other.
h)
Alluring or persuading co-workers, business partners or their
families to perform illegal or criminal conduct.
i)
Phisically assaulting, insulting or threatening co-workers,
business partners or their families.
j)
Organizing illicit meetings and/or distributing unaccountable
material that may inflict disturbances.
k)
Intoxication at workplace, gambling and indecency or
lecherous conduct in office environment during work hours.
Page
19
company
l)
Negligence in performing duties that causes an accident and
puts the Company at loss.
m) Providing false or falsified information that puts the company
at a loss.
n)
Conducting the same violation which attracts a Third
Warning Letter (SP-III), whilst a penalty for a Third Warning
Letter (SP-III) is still valid.
F. Suspension
1) The company may suspend personnel for either of two categories:
a)
Suspension to educate personnel that violates Company
regulation or other Company rules.
b) Suspension to ensure a good working atmosphere whilst the
employment of the personel is in the process of termination
pending the decisions from the industrial courts.
2)
Personnel will be notified of their suspension in writing.
3)
The maximum time limit for suspension is 1 (one) month.
4)
While serving a suspension, personnel will still receive wages in
accordance with the laws in effect.
Page
20
CHAPTER X : TERMINATION OF EMPLOYMENT
Section 38 : Circumstances That May Cause Termination of
Employment
G. Violation of Work Procedures and Disciplinary Regulations
1) In cases where a personnel made a mistake or conducted a violation
of the work procedures and disciplinary regulations that can be
subjected to sanction according to Section 37 Point 5.E, the
company can terminate of employment, and the personnel would
not be entitled to a severance pay, but would be entitled to rights
compensation as reffered to Manpower regulation UU13/2003.
Page
21
STANDARD OPERATING PROCEDURES
ETHICAL CODE – REVISION LIST
Date
Apr ‘16
Rev
1
Page
1 of 1
Total or partial reproduction and / or utilization of this document are forbidden withour prior written authorization.
Content
Rev no./ Date
/ Page
Previous version
Rev no./ Date
/ Page
BRIBERY and CORRUPTION
1 / Oct ‘15 / 2
Bribery and Corruption means to
accept anything improperly, as a
compensation to influence a certain
behaviour or decision or to acquire
profit for the perpetrator, whether or
not it is in expense of the Company.
D2/SOP – Ethical Code -Revision List.doc
Updated version
BRIBERY and CORRUPTION
2 / Apr ‘16 / 2
Bribery and Corruption means to accept
or give anything improperly, as a
compensation to influence a certain
behaviour or decision or to acquire profit
for the perpetrator, whether or not it is in
expense of the Company.
CONTROLLED COPY
WINTERMAR OFFSHORE MARINE GROUP
(WINS)
Rev : 2
April 2016
Ethical Code Guidelines
What is Ethical Code
The Ethical Code Guidelines is established to set rules and requirements to
define acceptable and unacceptable principles, which guide the conducts of
personnels in business practices, communities and the internal corporate
environment. This Code is also vital to support the Company’s value of
Integrity and its Anti-Corruption Practices Policy.
These Ethical Code Guidelines must be put into practice within
WINTERMAR OFFSHORE MARINE GROUP environment to support
Company’s reputation and authority. The Company recognizes that the
Company’s personnel’s actions in business conduct will affect how other
stakeholders view the Company. It is therefore imperative that the Code is
adhered to by every personnel in the Company.
The Company in this document refers to all companies within the
WINTERMAR OFFSHORE MARINE GROUP. The personnel in this
document refers to personnel at all levels of hierarchy including offshore
and shore based crew and officers, office staff, managers, directors and
commissioners. These Ethical Code Guidelines not only apply within the
company working environment, but they are enforced in every operational
area of our business.
Ethical behaviour must be an integral part of duty of every personnel. The
Company takes a serious view to ensure that the values embodied in this
Code are implemented in practice. Disciplinary actions, which may include
termination of employment, will be taken for any serious violation of the
Code or prevailing laws and regulations.
Page 1
Bribery, Corruption and Dishonesty
Although the Code cannot cover every situation of ethical behavior, it offers
guidance for all personnel against acts of bribery, dishonesty and corruption
for personal gain, and how to behave ethically in relation with fellow
personnel in the Company, client, charterer, supplier, contractor, insurance,
agent, shipyard, class bureau, consultant, bankers and other third parties that
the Company may be in business with.
Most countries have a legal system that prohibits corrupt practices including
within the jurisdiction of The Republic of Indonesia. The violation of these
laws shall be considered as a serious violation and may inflict fines to the
Company and jail term for the perpetrator. Even an allegation of bribery or
corruption is enough to cause damages to the reputation of the Company.
BRIBERY and CORRUPTION:
Bribery and Corruption means to accept or give anything improperly, as a
compensation to influence a certain behaviour or decision or to acquire
profit for the perpetrator, whether or not it is in expense of the Company.
Prohibitions:
•
It is prohibited to accept or give personal favours or gift of any value in
any way, including parcels for special occasions such as
Lebaran/Christmas. This also includes items of value or any cash
unless in circumstances where such refusal will lead to awkward
business situation. When the occasion arises, such transaction must be
immediately reported to personnel’s superior and the gift declared in
accordance with Company procedure (E/SPK/OPM/42).
•
Clients/charterer, supplier, contractors, agent, shipyard and partner are
prohibited to cover any cost of Company business trip or
accommodation both locally and abroad.
Page 2
•
It is prohibited to accept from or give anything to fellow personnel
either offshore or shore for personal favour or gain or to cover-up
misconduct.
Each of the above violation will be dealt according to all effective
regulations in place and could lead to immediate termination of
employment without compensation.
DISHONESTY:
Whether intentionally or unintentionally, fabricating, imitating, damaging,
erasing or concealing any property, logs, records or documents (including
electronic documents) or any counterfeiting, manipulation or misuse of
authority with the purposes of:
•
Generating money, possession, service or information which would not
be acquired without these practices.
•
Altering personal or business performance record.
•
Inflicting company loss and damaging company reputation.
•
Derogating company rights/opportunity in business competition or
damaging company reputation.
Dishonesty may arise from Company’s internal environment as well as
external which are not always involving the personnel. Any dishonest
practice may result in termination of personnel and may lead to lawsuit.
Page 3
Company Ethical Code Guidelines
This guideline is created to provide examples and to clarify the Company
Ethical Code that is widely applied. It, however, does not cover every
situation for which the Code applies. It also defines the disciplinary
procedure imposed for violation.
GIFT FROM THE SUPPLIER/BUSINESS PARTNERS
Gift refers to any kind of money, goods, service or treatment given or
received by personnel with the purpose of personal gain.
The guidelines includes goods and services provided by the
supplier/business partner to the company personnel unless given to on
behalf of the company, not individually.
Examples of prohibited gifts are as follows:
•
All gifts received at home and office including hampers, parcels of
food.
•
A welcome gift sent to the hotel during business trip.
•
Service for free or special offers from supplier/contractor/third parties.
•
Cell phone vouchers or credit
Examples of allowable gifts are as follows:
•
Donation or sponsorship for company event from supplier/contractor.
•
Compassionate gift of modest value that is given to a personnel during
illness/maternity (such as bouquet, cake, fruits).
Page 4
•
Gifts that have been declared by the personnel to the superior and that
the disposition of the gift has been settled by the superior.
•
Promotional merchandise such as calendars, agenda, pens and t-shirts
bearing the logo of the supplier/contractor.
BUSINESS TRIP / ACCOMMODATION EXPENSES
Example of prohibited actions:
•
Accept payment for business trips, hotel expenses, domestic or
international by supplier, shipyard or contractors.
•
Providing fake receipts of any purchases , expenses, including hotel
bills, meals, transport etc.
•
Marking up actual costs.
•
Conduct unnecessary trip during business trip.
•
Accepting or asking for money or gifts from vessel crew.
•
Include as company expense, unrelated personal or family member
expenses during business trip.
Example of non- prohibited actions:
•
Business trip expenses where a charterer/business party requires for
the personnel to be represented by the company. Such trip is allowed
after proper procedures have been carried out.
Page 5
ENTERTAINMENT
Although general treats are normal business/social behaviour, personnel
should refuse a dining invitation or other treats which are offered either in
excess of social norm or too frequent in order to avoid dishonour or to
maintain objectivity in carrying out Company duties.
In cases where it would be impolite to refuse an invitation, personnel must
seek prior approval from direct superior before accepting.
Examples of prohibited entertainment are as follows:
•
Accepting any ticket to events with or without the provider present.
•
Using provider’s facilities such as: house, villa for personal use.
•
Any kind of entertainment outside the limits of proper business
hospitality.
•
To prolong a business trip for vacation paid by the
host/client/charterer, supplier/contractor, agent, shipyard or business
partner.
•
Any from of immoral activity.
Examples of non- prohibited entertainment are as follows:
•
An entertainment with the presence of the giver and within the limits
of proper business hospitality eg modest dining.
Page 6
REBATE/DISCOUNT/COMMISSION
All rebate or discount that is given by supplier/contractor/third party belongs
to the Company. Personnels are prohibited to accept any
commission/complimentary in cash directly or indirectly (via bank transfer
or third party) for personal gain.
DISCIPLINARY PROCEDURE
The non-compliance of the above guidelines is a violation of the regulation
in effect, therefore proper disciplinary measures will be taken accordingly as
stated in the Company Regulation and Company procedures and this may
lead to the termination of employment.
Page 7
Related topics on Ethics
OFF DUTY
Where a personnel wishes to work elsewhere with or without remuneration,
routinely or as a part time consultant, s/he should obtain prior written
approval from his/her superior or the Managing Director.
CONFLICT OF INTEREST
Personnels should avoid involvement in investment or business activities
that may cause conflict of interest with the Company.
Any family or close relations who are the suppliers/clients/contractors must
be disclosed to the Company.
CONFIDENTIAL INFORMATION
Personnel are prohibited to disclose or expose confidential Company
information in any manner to anyone outside the Company, without prior
written permission from Managing Director. Confidential information refers
to all information related to Company’s business activities that are unknown
to parties outside the Company.
NEGATIVE PERSUASION
All personnel are prohibited to persuade or influence other people in a way
to violate regulation.
LOAN TO/FROM THE SUPPLIER OR CONTRACTOR
All personnel or his/her relatives are prohibited to offer, guarantee or receive
a loan to or from any business entity or their intermediary or anyone who
has a business relation with the Company.
Page 8
MISUSE/ SALES OF COMPANY'S PROPERTIES
All sales profit of Company properties of any kind belongs to the Company.
Company assets include, but not limited to fuel, oil, rental, space, sale of
company rights on a contract, collecting rights, recycleable waste and used
equipments.
HARASSMENT – FREE
Company will not tolerate any harassment between personnel or external
parties who are in business relation with the Company. Details on
harrassment may be found in the Company Anti-Harassment Policy.
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Procedure “When in doubt”
Whenever personnel are in doubt, s/he can ask for clarification from her/his
superior or the Managing Director.
When a compromising position is encountered, the personnel are strongly
encouraged to report the case before any action taken.
Declare to direct superior and hand over the gift to head of GA Division for
settlement.
Write an appreciation letter using official letter head to the giver on behalf
of the Company gratitude.
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Reporting Dishonesty or Corruption
Personnels must immediately report to the superior whenever there is an
indication of dishonesty or corruption directly or indirectly committed by
the personnel or other personnels for immediate action.
The Company is concerned with the protection of the witness/personnel’s
interest. Therefore, all reported evidence is treated with strictest of
confidence.
If in any reason personnel is hesitant to talk about
dishonesty/corruption to the superior in the Company, s/he may report
it directly to the Managing Director.
A communication via email is provided for anonymous reporting:
Email: [email protected]
[email protected]
Company guarantees that there will be no termination, demotion,
threat, prosecution or discrimination for those who report a violation of
this Ethical Code. The personnel/witness will be fully protected due to
the confidential nature for the witness’s peace of mind.
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Appendix 1. Excerpts from Company Regulations
CHAPTER IX: Work Procedures and Disciplinary Regulations.
Section 35 : Obligations and Responsibilities
1. Personnel are required to maintain office appliances/equipment and
other properties provided by the Company and other Company
properties.
2. Personnel are required to immediately report to the superior on the loss
or damage of the office appliances/ equipment and Company properties.
3. All personnel are required to report on every other personnel activities
that might put the Company at loss or breaking Company regulations
and policies.
4. All personnel are required to check all office appliances, machines etc,
before and after performing their duties in order to avoid damage that
can endanger work activities.
5. Personnel are required to maintain and firmly keep confidential
company information from other parties in relation to his/her knowledge
about the company, even though s/he no longer works for the company.
6. Personnel are required to abide by the Company regulations regarding:
a. Work health and safety measures
b. Security and protection
c. Administration
d. Company policies
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Section 36 : Restrictions for the personnel
1. All personnel are prohibited to operate any business activities outside
the company interests.
2. Personnel are prohibited to misuse or remove office
appliances/equipments and Company properties from the predetermined
place/location, except to be used in relation to duties and responsibilities
assigned within Company environment.
3. All personnel prohibited to consume alcoholic beverages, to be
intoxicated at workplace, to carry or keep and abuse drugs, to be
involved in any gambling activities and to fight or quarrel with other
personnel, superior or the Managing Director within Company
environment.
4. All personnel are prohibited to possess or to carry any kind of firearms
or blades within the Company environment.
5. All personnel are prohibited from incident or lecherous deeds.
6. All personnel are prohibited to trade any properties/equipments
belonging to the company.
7. All personnel are prohibited to trade any products or to distribute
donation forms or brochures from outside the company, to
display/distribute posters and leaflets within company environment
without permission from the Managing Director.
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Section 37 : Penalty Against Violation of Work Procedures and
Disciplinary Regulations
1. Any violation of work procedures and disciplinary regulations will have
a penalty imposed. The weight of the penalty will be considered
according to the faults/violations committed as well as other factors
influencing the incident.
2. In cases where a violation of work procedures and disciplinary penalties
occurs while a previous penalty is still in effect, the validity of the new
penalty will take effect when the new penalty is issued.
3. It is unnecessary to give penalties in sequences, instead the new penalty
will take into consideration the weight of all violations commited.
4. A penalty will expire if the predetermined duration has been spent
without new violations.
5. The types of penalty against violations of work procedure and
disciplinary regulations are as follow.
A. Reminder Letter
1)
Issued by the personnel’s direct superior or Managing Director and
will be recorded on the personnel’s personal data and valid for 3
(three) months.
2)
Types of violation subjected to a Reminder Letter are:
a)
Failing to register attendance log consecutively for 2 (two)
times in the same month.
b)
Absent for 1 (one) day in the same month without any
accountable reason.
c)
Arriving late for 3 (three) times in the same month from the
scheduled office hours.
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14
d)
Leaving the office/work place before schedule for 2 (two)
times in the same month without permission acknowledged
by the superior and without recording in attendance log.
e)
Failing to report or submit a memo from the doctor or
midwife or other eligible traditional physician on the first day
of work after absence
f)
Operating business outside Company’s interest, trading any
products or distributing donation forms or brochures from
outside the Company, displaying/distributing posters and
leaflets within Company environment without permission
from the Managing Director.
g)
Failing to report any alternations of personal data, including
address, family status (marital status, birth or death in the
family).
h)
Failing to comply with duties and reponsibilities applied in
the Company.
B. First Warning Letter (SP-I)
1)
Issued by the personnel’s direct superior / the Managing Director
and valid for 6 (six) months from date of issue.
2)
Violations subjected to the First Warning Letter (SP-I) are:
a)
Failing to register attendance log 2 (two) times consecutively
or 4 (four) times non-consecutively in the same month.
b)
Absence from work for 2 (two) days consecutively in the
same month without any accountable reason.
c)
Leaving the office/work place during office hours for 2 (two)
times consecutively or 4 (four) times non-consecutively in
the same month without submitting permission forms
acknowledged by the superior officer.
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d)
Arriving late for work from the scheduled office hours 2
(two) times consecutively or 4 (four) times nonconsecutively in the same month without permission
acknowledged by the superior officer and without recording
in attendance log.
e)
Recording the attendance log of other personnel.
f)
Inept or careless performance of duties that can inflict
hazard/ accidents upon him/ herself as well as other people.
g)
Performing actions that can damage / harm company image
or reputation.
h)
Failing to abide by a reasonable direct order from the
superior.
i)
Sleeping during office hours.
j)
Defying a proper assignment.
k)
Failing to report any damage to Company equipments/
appliances/ properties/ assets.
l)
Misusing and/ or moving office equipment/ appliances/
properties/ assets without permission from the Managing
Director.
m)
Misplacing office equipments/ appliances/ properties/ assets.
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C. Second Warning Letter (SP-II)
1)
Issued by the personnel’s direct superior/ Managing Director and
valid for 6 (six) months from date of issue..
2)
Violations subjected to the Second Warning Letter (SP-II) are:
a)
Failing to register attendance log for 4 (four) times
consecutively or 6 (six) times non-consecutively in the same
month.
b)
Absence on work for 2 (two) days consecutively or 6 (six)
times non-consecutively in the same month without any
accountable reason.
c)
Arriving late for work from the scheduled office hours 4
(four) times consecutively or 6 (six) times non-consecutively
in the same month.
d)
Leaving the office/ work place during office hours for 4
(four) times consecutively or 6 (six) times non-consecutively
in the same month without permission acknowledged by the
superior and without recording in attendance log.
e)
Providing false personal data.
f)
A penalty upgrade from the First Warning Letter (SP-I) after
a similiar violation and/ or an equally weighted violation.
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D. Third Warning Letter (SP-III)
1)
Issued by the personnel’s direct superior/ Managing Director and
valid for 6 (six) months from date of issue.
2)
Violations subjected to the Second Warning Letter (SP-III) are:
a) Carrying any ind of firearms or blades within the company
environment.
b) Conducting actions that can inflict disturbance which can put
the Company at a loss.
c)
Carelessly neglecting duties.
d) By intention or by negligence making him/herself unable to
perform any assigned tasks.
e)
Ineptitude in performing assigned tasks despite trials in other
fields and other departments.
f)
Falsifying sick notes, permission notes, employement letters.
g)
A penalty upgrade from the Second Wrning Letter (SP-II)
after a similiar violation and/or an equally weighted violation.
E. Immediate Termination of Employement
1)
Any personnel found guilty of any of the following violations will
have his/her employment terminated immediately on grounds of
grave violation of conduct. Temination of employement is
executed by the Managing Director and/or on a request by the
direct superior of the personnel with strong argument and data
support.
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2)
Violations subjected to Immadiate Termination of Employment
are:
a) Selling or transfering ownership of Company property or
assets.
b) Sexual harassment or discrimination due to ethnic group,
religion, race, and rank or gender.
c)
Conducting actions that can cause a loss to the Company.
d) Using physical force or threats against co-workers that may
cause disruptions in daily office activities.
e)
Conducting deliberate or careless action that inflicts damage
on Company equipment, assets or documents.
f)
Revealing and/or leaking out confidential
information, whether intentional or unintentional.
g)
Conducting criminal acts, including: stealing, embezzlement,
fraudulence, trading of illegal products inside or outside
company environments, unauthorized sale of company
properties, slandering, or pitting co-workers against each
other.
h)
Alluring or persuading co-workers, business partners or their
families to perform illegal or criminal conduct.
i)
Phisically assaulting, insulting or threatening co-workers,
business partners or their families.
j)
Organizing illicit meetings and/or distributing unaccountable
material that may inflict disturbances.
k)
Intoxication at workplace, gambling and indecency or
lecherous conduct in office environment during work hours.
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company
l)
Negligence in performing duties that causes an accident and
puts the Company at loss.
m) Providing false or falsified information that puts the company
at a loss.
n)
Conducting the same violation which attracts a Third
Warning Letter (SP-III), whilst a penalty for a Third Warning
Letter (SP-III) is still valid.
F. Suspension
1) The company may suspend personnel for either of two categories:
a)
Suspension to educate personnel that violates Company
regulation or other Company rules.
b) Suspension to ensure a good working atmosphere whilst the
employment of the personel is in the process of termination
pending the decisions from the industrial courts.
2)
Personnel will be notified of their suspension in writing.
3)
The maximum time limit for suspension is 1 (one) month.
4)
While serving a suspension, personnel will still receive wages in
accordance with the laws in effect.
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CHAPTER X : TERMINATION OF EMPLOYMENT
Section 38 : Circumstances That May Cause Termination of
Employment
G. Violation of Work Procedures and Disciplinary Regulations
1) In cases where a personnel made a mistake or conducted a violation
of the work procedures and disciplinary regulations that can be
subjected to sanction according to Section 37 Point 5.E, the
company can terminate of employment, and the personnel would
not be entitled to a severance pay, but would be entitled to rights
compensation as reffered to Manpower regulation UU13/2003.
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STANDARD OPERATING PROCEDURES
ETHICAL CODE – REVISION LIST
Date
Apr ‘16
Rev
1
Page
1 of 1
Total or partial reproduction and / or utilization of this document are forbidden withour prior written authorization.
Content
Rev no./ Date
/ Page
Previous version
Rev no./ Date
/ Page
BRIBERY and CORRUPTION
1 / Oct ‘15 / 2
Bribery and Corruption means to
accept anything improperly, as a
compensation to influence a certain
behaviour or decision or to acquire
profit for the perpetrator, whether or
not it is in expense of the Company.
D2/SOP – Ethical Code -Revision List.doc
Updated version
BRIBERY and CORRUPTION
2 / Apr ‘16 / 2
Bribery and Corruption means to accept
or give anything improperly, as a
compensation to influence a certain
behaviour or decision or to acquire profit
for the perpetrator, whether or not it is in
expense of the Company.
CONTROLLED COPY