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These payments can occur in many forms and include among other things; bribes, gifts, entertainment, gratuities, favors, donations or facilitation payments. We extend our understanding of improper payments to include any transfer of value that is not consistent with HMD policies, procedures or applicable laws. Our supplier shall adhere to marketplace regulations and anti-trust laws. These laws protect the market from unethical agreements and collaborations among competitors which may affect competition.
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Our supplier shall uphold these standards of fair business, advertising and competition. Our supplier shall commit to respect privacy and to comply with applicable data protection and privacy laws.
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Our supplier shall have in place internal policies and guidelines through an appropriate selection of activities, including proactive and reactive risk management, security and privacy engineering, training and assessments. Our supplier shall take appropriate steps to address online security, physical security, risk of data loss and other such risks; taking into consideration the risk represented by the processing and the nature of the data being protected.
Our Supplier shall not transfer personal data without ensuring it is safe, responsible and legal to do so. When confidential data is no longer needed, it shall be destroyed securely. It is essential that Intellectual property rights are followed and respected. Whenever our supplier has a need to transfer technology and know-how they shall do so in a manner that protects intellectual property rights and any information regarding HMD or our affiliates should be safeguarded.
Such disclosures of information shall comply with applicable laws and regulations wherever they operate and our supplier shall not condone the falsification of records, misrepresentation of conditions, or practices throughout the supply chain. Suppliers or partners who manufacture any aspect of our products including components and parts containing tin, tantalum, tungsten or gold, shall have a detailed policy or procedure in place to ensure that the products manufactured, do not directly or indirectly finance or benefit armed groups, that are perpetrators of serious human rights abuses in the Democratic Republic of the Congo, or an adjoining country.
These same suppliers shall maintain a Conflict Mineral Policy outlining their legal compliance, measures for implementation and commitment to responsible sourcing. This includes due diligence on the source and chain of custody of all related minerals. These documents shall be kept and made available for HMD to view upon request for a period of 5 years. Our Supplier shall maintain programs that ensure their employees and suppliers have access to confidential and anonymous reporting channels, as well as protection in place for acts of whistleblowing.
Our supplier shall have in place a clear, visible and communicated process for anyone working at their facility to be able to raise concerns without fear of retaliation. At HMD we believe that everyone in our supply chain deserves respect, fair treatment and equal rights. Our suppliers create jobs all over the world and we expect them to commit to making those jobs have a positive impact on their lives. This is true for all workers from direct to indirect, permanent and temporary workers as well as students and migrant workers or any other type of worker.
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Work shall always be a voluntary act. Our supplier shall comply with this statement and be committed to ensuring that no form of slavery or trafficking of persons are used in any aspect of their business. This includes involuntary prison labour, forced, bonded, debt bonded or indentured persons. Our supplier shall ensure that every employee has a contract that covers the terms and conditions of their employment agreement that is signed by both the employee and the supplier.
The terms and conditions should contain all relevant aspects including but not limited to; working hours and guaranteed wage, overtime rates of pay and compensation, payment and frequency of payment and their notice period. In addition, the contract should be written in the native language of the employee, to ensure they fully understand the terms. In the case of migrant workers this contract should be available to them prior to leaving their country of origin.
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Our supplier shall ensure that all employees receive basic induction training and have all the training, equipment and experience to conduct their work duties safety. The employee shall be free to leave their work at any time and their movement should never have their movement unreasonably restricted either within their workplace or when entering or exiting the facility.
This includes passports, identity and immigration documents or work permits. These personal documents are owned by the individual and should never be held, concealed, destroyed or confiscated. The only reason for any documents being held is if it is required by law. No employee shall be required to make any payment to either the employer or an agent in order to secure their employment, training or as a form of punishment of any kind or any other fees related to their employment. Our supplier shall ensure that if they uncover any such fees being paid then the money shall be returned to the employee promptly.
Our supplier shall ensure that adequate policies and procedures are in place to protect workers and potential workers against any form of discrimination, harassment, harsh or inhumane treatment or any other unlawful discrimination or treatment, including disciplinary policies and procedures.
No worker should be subjected to sexual abuse or harassment, physical, mental or verbal abuse or harassment, corporal punishment or any threats regarding treatment of this kind. Our supplier shall provide workers with adequate facilities for religious practice. Under no circumstances should employees or potential employees be subjected to medical, physical or pregnancy examination or testing that could be used in a discriminatory way.
No one under the age of completing compulsory education or under the local legal age of employment or under 15 years of age whichever is the greatest shall be employed by, or on behalf of our supplier. In addition, young workers should not work overtime or night shifts. Student workers shall be provided with training and support and our supplier shall ensure that they maintain student records and conduct thorough due diligence of educational partners protecting the rights of the student in accordance with applicable laws and regulations.
Young workers including; students, interns and apprentices should be paid at least the same rate of pay as other employees that perform equal or similar tasks. Our supplier shall ensure that working weeks do not exceed the restrictions placed on them by local law. No worker shall work in excess of 60 hours per week including overtime and they must have at least one day off per six days worked.
Workers shall also be entitled to at least two weeks of paid leave per year. In addition, overtime shall be limited to comply with local law or to a maximum of 12 hours per week. Overtime shall always be paid at a premium rate and be taken as a choice by the employee. Overtime should be used in unusual or emergency situations and not a regular request of workers.
Workers shall be compensated in accordance with local laws in relation to minimum wage rates and legally mandated benefits. Workers shall be provided with wage statement in a timely manner, that makes clear indication of the hours worked, so that they can verify their wage is correct, for the hours they worked. The document should be understandable to the worker in their native language if required.
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Temporary workers of any kind as well as outsourced workers shall be used within the restrictions of local law. Workers shall be provided with access to information that is relevant to them, their employment and their work.
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They shall be made aware of changes as they happen in order to conduct their work to the best of their ability. Our supplier shall have in place the means to measure worker satisfaction and strive to improve this metric where possible. Workers shall be able to discuss openly their opinions, ideas and concerns without the fear of retaliation of any kind. Our supplier shall respect the rights of all workers to form and join trade unions of their choosing in conformance with local law. Collective bargaining is an important right of employees and they should be allowed to engage in peaceful assembly.
In addition, worker shall be free to refrain for any such activity. The rights of whistle-blowers shall be protected and confidential channels shall be offered for the reporting of unfair conditions of any kind. Modern Slavery is an umbrella term that includes; slavery, human trafficking, forced or compulsory labour and servitude. Our supplier shall ensure that anyone working for them or on their behalf is free to choose who they work for, when they work and where they work.