Supplier Code of Conduct
Weilbach expects all our suppliers to follow this Supplier Code of Conduct (SCoC).
This means establishing systems to manage adverse impacts on human rights including labour rights, environmental and anti-corruption principles and creating clear goals toward meeting the expectations set forth in this Code. Failure to do so may impact the future ability of a supplier to do business with Weilbach.
Weilbach is aware that the establishment of expected processes aimed at managing adverse impacts requires time and resources, and we are establishing similar processes in our operations. Thus, it is our intention that the implementation of outlined expectations can take place in a collaborative manner, where we can share knowledge and experiences.
Similarly, Weilbach is aware, that Weilbach can cause or contribute to adverse impacts on human rights including labour rights, environmental and anti-corruption principles by suppliers e.g. via purchasing practices.
Therefore Weilbach will routinely assess any adverse impacts it may cause or contribute to through its purchasing, compliance and other supply chain practices. This includes ensuring that the following purchasing practices do not negatively impact supplier’s ability to meet the requirements set forth in this SCoC: Lead time, order volume versus production capacity, product development process, pricing, order size fluctuation and consistency of orders.
The terms of this SCoC apply to first tier suppliers, parent entities and subsidiary or affiliate entities, as well as all others with whom they do business, including subcontractors and other third-parties. It shall be the responsibility of the supplier to ensure that its business relationships have adequate processes to manage their adverse impacts on human rights including labour rights, environmental and anticorruption principles.
Weilbach expects all suppliers at any time to be able to declare in writing its stage of implementation in relation to the expectations expressed in this SCoC. Suppliers are expected at any point to willingly cooperate in answering further questions, self-assessments and if deemed necessary cooperate with Weilbach in improving systems to manage adverse impacts on human rights including labour rights, environmental and anti-corruption principles.
The provisions as set forth in this SCoC provide the minimum expectations to suppliers. These minimum expectations are based on the general principles contained in the UN Global Compact as made operational with the UN Guiding Principles on Business and Human Rights, referencing the International Bill of Human Rights (IBHR), the International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work (ILOD), the Rio Declaration on Environment and Development, the United Nations Convention against Corruption, and other relevant international principles.
In addition to this, Weilbach expects suppliers to adhere to all applicable laws, rules and regulations, where they operate. If national regulations provide for better or lesser protection of human rights including labour rights, environmental protection or protection against corruption, than provided for by the minimum standards referenced in this SCoC, the supplier shall apply the higher standard.
If there is a conflict between national regulation and the minimum standards referenced in this SCoC, suppliers shall report this to Weilbach and seek – to the extent possible - to honour the international principles and standards referenced in this SCoC, while adhering to national regulation.
The aim of this section is to provide suppliers with guidance on how to establish processes in order to manage adverse impacts on human rights including labour rights, environmental and anti-corruption principles and thereby meet the expectations set forth in this SCoC.
Weilbach expects all suppliers to develop and implement the following:
- Policy statement,
- Due diligence and
1. Policy Statement
Weilbach expects suppliers to adopt a policy statement committed to the international principles that this Supplier Code of Conduct is based on. The policy statement shall:
- Be approved by the most senior level of the business enterprise.
- Take into account relevant internal or external expertise on human rights including labour rights, environmental and anti-corruption principles.
- Stipulate expectations on human rights including labour rights, environmental and anticorruption principles towards personnel, business partners and other parties directly linked to the suppliers’ operations, products or services.
- Be publicly available and communicated both internally and externally.
- Be reflected in other operational policies and procedures necessary to embed the policy statement throughout the business enterprise.
2. Due Diligence
Weilbach expects suppliers to establish a process of continuous due diligence in relation to the supplier’s adverse impacts on human rights including labour rights, environmental and anti-corruption principles. The due diligence process should cover potential and actual adverse impacts that the supplier may cause or contribute to through its own activities as well as adverse impacts, which the supplier may be directly linked to through the various operations of its business relationships. The due diligence process shall, as a minimum, contain the following elements for managing potential and actual adverse impacts:
Identification: Firstly, an assessment of potential and actual adverse impacts on human rights including labour rights, environmental and anti-corruption principles shall be conducted on a regular basis.
Prevention and mitigation: If potential or actual adverse impacts are identified, suppliers must effectively integrate their impact assessment findings across relevant internal functions and processes. This should be done in order to ensure that such adverse impacts are prevented or appropriate action for their mitigation is taken.
Accounting: The process of addressing adverse impacts has to be closely tracked. Suppliers are expected to account for how they address their potential and actual adverse impacts by communicating their findings and actions to Weilbach.
Weilbach recognises the possibility of actual adverse impacts, even when the best policies and processes are in place.
If a supplier discovers or is informed that it causes or contributes to an actual adverse impact on human rights including labour rights, environmental or anti-corruption principles, the supplier shall enable access to remedy for those affected or inform the proper authorities. If the supplier did not cause or contribute to such adverse impact, but is directly linked to it as it occurs in the supplier’s value chain or in other relations, the supplier commits to use its leverage to make the causing or contributing entity prevent and mitigate reoccurrence and enable access to effective remedy for those affected or ensure that the proper authorities are informed.
According to international principles, companies have an explicit responsibility to provide remedy to victims of actual adverse human rights impacts that the companies cause or contribute to. Therefore, if such actual adverse human rights impacts are identified, Weilbach expects suppliers to provide for or cooperate in their remediation through legitimate processes. To make it possible for adverse impacts on human rights including labour rights, environmental and anti-corruption principles to be addressed early and remediated directly, suppliers could establish or participate in effective operational-level or sector-based grievance mechanisms accessible for other business enterprises, individuals and communities, who may be adversely impacted or otherwise have identified adverse impacts. The supplier’s remediation process should have the following characteristics:
Legitimate: The remediation process should enable trust and be accountable for fair conduct;
Accessible: The remediation process should be known to all intended users (such as employees and the local community) and provide adequate assistance for those who may face particular barriers to access;
Predictable: The remediation process should provide a clear timeframe, clarity on the types of process and outcomes available, as well as the implementation possibilities;
Equitable: The remediation process should provide reasonable access to sources of information, advice and expertise necessary to engage in the process on fair, informed and respectful terms;
Transparent: The remediation process should keep parties informed about progress, and provide sufficient information about its performance to build confidence in its effectiveness and meet public interests at stake;
Rights-compatible: The remediation process should ensure that outcomes and remedies are in line with internationally recognised human rights including labour rights, and environmental and anti-corruption principles;
A source of continuous learning: The remediation process should draw on relevant measures to identify lessons for improving the mechanism and preventing future adverse impacts; and
Based on engagement and dialogue: The remediation process should consult the persons for whose use it is intended on its design and performance, and focus on dialogue as the means to address and resolve adverse impacts.
Principles and Standards
Suppliers’ policy statement, due diligence and remediation processes should cover internationally agreed principles in relation human rights including labour rights, environmental and anti-corruption principles.
The principles and standards that Weilbach expects all suppliers to manage adverse impacts upon are described in the three sub-sections below.
Human rights including labour rights: Suppliers are expected to manage adverse impacts on international recognised human rights including labour rights as stated in the International Bill of Human Rights (IBHR) and the International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work (ILOD). A list of human rights including labour rights can be found in the table below.
Manage potential and actual adverse impacts on:
- Right to self-determination (indigenous peoples rights)
- Right to non-discrimination
- Right to work (training, contract and termination)
- Right to enjoy just and favourable conditions of work (including equal pay for equal work, a living wage (minimum wage), safe and healthy working conditions, equal opportunities for everyone to be promoted, and rest, leisure and paid holidays)
- Right to form and join trade unions and the right to strike
- Right to social security, including social insurance
- Right to family life (including protection of mothers before and after childbirth and children’s and young people’s protection from exploitation (no child labour)
- Right to adequate standard of living (including adequate food and its fair distribution, adequate clothing, adequate housing, and water and sanitation)
- Right to health
- Right to education
- Right to take part in cultural life, to benefit from scientific progress, material gains from inventions, and moral rights of authors (protection of copyrights)
- Right to life
- Right not to be subjected to torture, cruel, inhuman and/or degrading treatment or punishment (including free, prior and informed consent to medical or scientific experimentation)
- Right not to be subjected to slavery, servitude or forced labour
- Right to liberty and security of person
- Right of detained persons to human treatment
- Right not to be subjected to imprisonment for an inability to fulfil a contract
- Right to freedom of movement
- Right to aliens to due process when facing expulsion (seeking asylum)
- Right to a fair trial
- Right to be free from retroactive criminal law
- Right to recognition as a person before the law
- Right to privacy
- Right to freedom of thought, conscience and religion
- Right to freedom of opinion and expression (including freedom of information)
- Right to freedom from war propaganda, and freedom from incitement of racial, religious or national hatred
- Right to freedom of peaceful assembly
- Right to freedom of association
- Right to protection of the family and the right to marry
- Right to protection of the child and right to nationality
- Right to participate in public affairs
- Right to equality before the law, equal protection of the law and rights of non-discrimination
- Rights of minorities (culture, religious practice and language)
Suppliers should establish processes that cover all significant impacts on the external environment and supports the principles in the Rio Declaration on Environment and Development. Suppliers should exert themselves to minimise their impact on the external environment and are expected to maintain awareness of current environmental legislative requirements, which are relevant to the environmental impact of their activities, products and services. Also, compliance through training, awareness, operational control and monitoring must be ensured.
In addition, emergency procedures to effectively prevent and mitigate emergencies and industrial accidents which can have an adverse impact on the environment must be established, followed and maintained.
The environmental aspects listed in the table below should as a minimum be managed.
Manage potential and actual adverse impacts on:
- Emissions to air
- Releases to water
- Releases to land
- Use of raw materials and natural resources
- Use of energy
- Energy emitted (e.g. heat, radiation, vibration, waste and by-products)
- Physical attributes (e.g. noise, odour, size, shape, colour and appearance)
Suppliers should establish adequate processes to counter corrupt practices. Such processes should support and be in line with the United Nations Convention against Corruption. The anti-corruption aspects listed in the table below should as a minimum be managed.
Manage potential and actual adverse impacts on:
- Documenting, recording and keeping income and expenditure data available for periods determined by law, and if not regulated for a minimum of three years;
- Not permitting corruption of public officials or private-to-private corruption, including both ‘active’ and ‘passive’ corruption (also referred to at times as ‘extortion’ or ‘solicitation’);
- Not permitting payment of bribes or trading in influence in relation in relation to business partners, government officials or employees; including through the use of intermediaries;
- Not permitting use of facilitation payments, unless you are subject to threats or other coercion;
- Not hiring government employees to do work that conflicts in any manner with the former official obligations of that employee;
- Not permitting political contributions, charitable donations and sponsorships in expectation of undue advantages;
- Not offering or accepting excessive gifts, hospitality, entertainment, customer travel and expenses (e.g. above the cumulative value of the equivalent of USD 200 per person/relationship in any twelve month period, if approved by a senior officer and explicitly recorded in the books of the business, naming the recipient or giver);
- Abstaining from nepotism and cronyism;
- Not permitting or participating in money laundering.