1. General obligations
The partner is obligated at his company to introduce human rights due diligence mechanisms and if necessary to take reasonable due diligence action.
Crucial here are the national due diligence laws applicable to the partner, but at least the specifications of the UN Guiding Principles for Business and Human Rights (hereinafter the UN Guiding Principles) as well as the relevant OECD guidelines and principles and ILO Declaration on Fundamental Principles and Rights at Work.
Insofar as this appears necessary for compliance with and implementation of this supplier code of conduct, the partner will offer suitable training courses in its company for the groups of people affected by the obligations and will ensure that its suppliers also offer corresponding training courses in their companies.
The partner is prohibited from any action or omission in breach of duty that goes beyond the expectations and prohibitions set out below in this section if it is directly likely to adversely affect a protected legal position in a particularly severe way and if its unlawfulness is obvious after a reasonable assessment of all relevant circumstances.
The partner is obligated not to tolerate or support threats, intimidation or attacks against human rights defenders in connection with their activities to create a safe environment conducive to community engagement and human rights at the local, national or international level.
- Obligations for information and cooperation
At our demand, the partner must provide us with information about the mechanisms introduced in his company to ensure human rights due diligence.At the same time, we will inform the partner if a human rights or environmental concern has been detected regarding one the products and services provided to us in the supply chain. The partner will try with us to eliminate or reduce the detectable risk.
If and insofar as it is necessary for fulfillment of our contractual or legal obligations, the partner will give us information as to whether his legal obligations and this obligations under the supplier code have been met, and at our demand will provide all requested information and documents for inspection.
We have the right to inspect compliance with and implementation of the obligations governed by this supplier code of conduct, even at the partner's site, if necessary.
- Minimum employment age and prohibition of the worst forms of child labor
The partner will observe ILO Convention No. 138 on the minimum employment age without limitation. It is forbidden to employ a child within the age of mandatory school attendance according to the laws of the place of employment, under which the age of employment must not be below 15 years, unless ILO Convention No. 138 on the minimum employment age allows an exception.
The partner must adhere to ILO Convention No. 182, which prohibits the worst forms of child labor. Specifically, all forms of slavery or all practices similar to slavery are prohibited, the use, brokering or offering of a child for prostitution, the production of pornography or for pornographic performances, the use, brokering or offering of a child for prohibited activities, in particular for the acquisition of and for trafficking in drugs, and any work which, by its nature or the circumstances in which it is carried out, is likely to be harmful to the health, safety or morals of children.
The partner shall not tolerate violations of the aforementioned requirements under any circumstances within his company or in relation to suppliers.
- Prohibition on forced labor
The partner must comply with ILO Convention No. 29 on forced labor and No. 105 on abolition of forced labor. Particularly prohibited is the employment of people in forced labor. This includes any work or service that is required of a person under threat of punishment and that he has not provided voluntarily, for example as a result of debt bondage or human trafficking, unless the work or service is compatible with ILO Convention No. 29 on forced labor or compatible with the International Covenant on Civil and Political Rights. This also applies to foreign workers. All employees must be able to terminate their employment with reasonable notice. Work conditions and employment contracts should be documented clearly in writing.
- Prohibition against slavery
The partner ensures that all forms of slavery, practices similar to slavery, serfdom or other forms of exercise of domination or oppression in the workplace environment, such as economic or sexual exploitation and humiliation, will not be tolerated by either on itself or by its suppliers and business partners.
- Ensuring occupational health and safety
The partner must observe and implement ILO Conventions No. 1 and No. 30 on work times. The work times must correspond to applicable law or the industry standard. Overtime is only permissible on a voluntary basis and if it does not exceed 12 hours per week, during which the employees are to be given at least one day off after six consecutive workdays. Weekly work time must not exceed 48 hours.
The partner must observe the occupational health and safety obligations applicable at the place of employment and avoid any risk of work accidents or work-related health hazards due to negligence. This applies to possible hazards from
- obviously inadequate safety standards in preparing and maintaining the workplace, workstation or work equipment.
- lack of suitable protective measures to prevent effects of chemical, physical or biological materials
- lack of measures for preventing excessive physical or mental fatigue, especially from unsuitable organization of work regarding work times, rest breaks, and
- training and instruction of employees.
The employees will be given access to adequate potable water and access to clean sanitary facilities.
- Ban on disregard for freedom of association
The partner will guarantee its employees’ freedom of association of within the meaning of ILO Convention No. 87 on freedom of association and No. 98 on the right to organize and the right to collective bargaining.
Prohibited is any disregard for freedom of association according to which
- workers can freely form or join labor unions,
- the establishment, accession and membership of a labor union cannot be used as grounds for unjustified discrimination or retaliation,
- labor unions are free to operate according to the law of the location of employment; which includes the right to strike and the right to collective bargaining.
- Non-discrimination and fair wages
The partner ensures observance of ILO Conventions No. 100 on equal pay and No. 111 on discrimination in employment and occupation. Prohibited is any unequal treatment based on national and ethnic origin, social origin, health status, disability, sexual orientation, age, sex, political opinion, religion or worldview, unless it is justified by the employment requirements. Especially forbidden is payment of unequal wages for equal work.
The partner must ensure equal opportunity at the workplace and prohibit all forms of discrimination. Managers must be appropriately trained to recognize and prevent discrimination, especially in personnel decisions.
The partner must pay employees an appropriate wage for the living conditions in the location of employment, at least according to the minimum wage specified by applicable law and not unlawfully withhold justified wages. The partner must ensure that the workers receive clear, detailed, regular written information with a breakdown of their wages.
- Preservation of natural basis of existence, protection of indigenous peoples
The partner must not, in breach of legitimate laws, deprive access to forests or bodies of water whose use secures the livelihood of people.
The partner is prohibited to cause harmful soil changes, water pollution, air pollution, harmful noise emissions or excessive water consumption that is likely to significantly impair the natural basis for the preservation and production of food, to deny a person access to clean water, to destroy or make it difficult for a person to access sanitary facilities, or to harm a person’s health.
The partner is obligated to prevent by suitable means potentially damaging effects on the health, safety and the livelihood of local communities and indigenous peoples. According to ILO Convention No. 169 on indigenous peoples, the rights of indigenous peoples must be protected. Within the meaning of this convention, the partner is obligated to obtain the free prior informed consent of indigenous peoples and to promote fair compensation if land use is granted to the partner.
- Use of public or private security forces
The partner is forbidden to use private or public security forces to protect the business project if, due to poor training or control by the partner during use of the security forces, the prohibition of torture and cruel, inhumane or degrading treatment is disregarded, life or limb is injured or freedom of organization and association is impaired.
Depending on the type of contract (e.g. employment contract or temporary work), it must be ensured that applicable national law be adhered to in the contract and work relations.
- Dealing with conflict materials
For the conflict minerals tin, tungsten, tantalum and gold, and for other raw materials such as cobalt, we establish processes in accordance with the Organization for Economic Cooperation and Development (OECD) principles for fulfilling due diligence requirements to promote responsible supply chains for minerals from conflict and high-risk areas and expect the same from our partner. Smelters and refineries without proper, audited due diligence processes should be avoided.
- Complaints procedure
The partner must provide its employees an effective complaints procedure, so that they can report their problems at the workplace, including harassment and discrimination, to the management in order to seek a suitable solution. The complaints procedure must be accessible while maintaining confidentiality of identity and preventing any disadvantage due to reporting of complaints.