The business concept of CK&CO ApS is to enhance sustainability in the constructionsector. We base our activities on Corporate Responsibility, long termrelationships and clear ethical standards. We are ambitious about long termresults for customers, partners and employees and we value diversity,inclusion, and social responsibility. We adhere to the principles of GlobalCompact and the present Code of Conduct concerning our consulting services ismeant to extend our responsibility to the sphere where we can exercise ourinfluence.
The purpose of this Code of Conduct is to ensure thatsuppliers to CK&CO operate in accordance with internationally recognisedminimum standards on human rights, labour and the environment. CK&COadheres to the principles of this code and expects the same of its suppliers.Observance of the code will be an enforceable and enforced part of any futureagreement or contract between CK&CO and our suppliers.
The aim of the code is not to terminate business, but tohelp suppliers improve social and environmental standards. CK&CO istherefore willing to work with suppliers to achieve compliance with theprovisions of this code. However, we will not conduct business with a supplierif compliance with the requirements of the code is deemed impossible. Nor willwe conduct business with a supplier engaged in violations of fundamental humanrights (see zero-tolerance standards below). CK&CO shall periodicallyreview the adequacy and continuing effectiveness of this Code of Conduct.
This Code of Conduct applies to all CK&CO‘s suppliers.The provisions of the code extend to all workers, regardless of their status orrelationship with a supplier. The code therefore also applies to workers whoare engaged informally, on short-term contracts, or on a part-time basis. Itshall be the responsibility of suppliers to ensure that their sub-suppliers donot violate the standards of this code.
The code establishes minimum standards and CK&CO willnot accept any attempt to use the requirements as a means to lower existingstandards or to prevent or discourage collective bargaining. The code is notand should not be interpreted as a means to circumvent or undermine nationallaws or national labour inspectorates. Similarly, this code is not and shouldnot be interpreted as a substitute for free trade unions, nor should it be usedas a substitute for collective bargaining.
When implementing the code, suppliers shall take allnecessary measures to ensure that they do not unintentionally leave workers andother beneficiaries in a worse position than before the code was introduced.Any questions or disputes regarding the interpretation of the provisions ofthis code shall be resolved by CK&CO.
In addition to meeting the provisions of this code,suppliers shall comply with all national laws and regulations as well as otherapplicable standards (e.g. collective bargaining agreements or other codes ofconduct). Where there are differences between the provisions of this code andnational laws or other applicable standards, suppliers shall adhere to thehigher or more stringent requirements. Conflicts between the provisions of thiscode and national laws or other applicable standards shall be evaluated by CK&COin cooperation with the supplier and relevant stakeholders in order toestablish the most appropriate course of action that will help to fosterrespect for fundamental human rights, labour standards and the environment. Ifany conflicts are detected, the supplier must inform CK&CO immediately.
This Code of Conduct is based on the general principlescontained in the Universal Declaration of Human Rights (1948), theInternational Covenant on Civil and Political Rights (1966), the InternationalCovenant on Economic, Social and Cultural Rights (1966), the Eight FundamentalILO Conventions and other relevant international human rights and labourstandards, as listed in Appendix B. Each provision of the code makes explicitreference to the underlying international human rights or labour standards.These references can be found in Appendix C.
a. Health and Safety Standards
The supplier shall ensure that its workers are offered asafe and healthy working environment, including, but not limited to, protectionfrom fire, accidents and toxic substances. Adequate health and safety policiesand procedures must be established and followed.
b. Training and Protective Gear
The supplier shall provide its employees with the protectiveequipment and training necessary to perform their tasks safely.
c. Sanitary Infrastructure
The supplier must provide a suitable, clean and sanitaryinfrastructure, including access to toilets and potable water, which conformsto the needs of its employees and is adequate to its numbers. Accommodation, ifprovided by the supplier, shall conform to the same requirements, including thegeneral provisions on health and safety listed above.
a. Workplace Violence, including Assault, Harassment andThreats
The supplier shall protect workers from acts of physical,verbal, sexual, or psychological harassment, abuse, or threats in theworkplace, whether committed by managers or fellow workers, including whendetermining and implementing disciplinary measures.
The supplier shall comply with legal minimum standards orindustry benchmark standards concerning wages and benefits, whichever ishigher. In any event, the supplier shall always provide a ‘living wage’, whichenables workers to meet the basic needs of them-selves and their dependents andto provide some discretionary income. Overtime shall be remunerated at apremium rate. Wages shall be paid in legal tender and on a regular basis.Deductions from wages shall be transparent and must never be used as adisciplinary measure.
c. Established Working Relationship
All workers shall be provided with a written,understandable, and legally binding labour contract. The supplier shall notrely on part-time, short-term or casual labourers, trainees, or falseapprenticeships to pay lower wages and fewer benefits. Provisions fornon-permanent and seasonal workers should be no less favourable than forpermanent workers.
The supplier shall grant employees paid holiday and sickleave each year, as well as parental leave to employees who must care for anewborn or newly adopted child. Women who take maternity leave will not facedismissal or threat of dismissal, and shall be able to return to their formeremployment at the same rate and benefits.
e. Hours of Work, Rest Periods and Breaks
The supplier shall ensure that the work-week is limited to48 hours. Overtime shall be voluntary, infrequent, and not exceed 12 hours perweek. Employees are entitled to at least one day off per week, and shall begiven reasonable breaks while working and sufficient rest periods betweenshifts.
f. Employee Privacy
The supplier shall respect the privacy rights of itsemployees whenever it gathers or keeps private information or implementsemployee-monitoring practices.
a. Forced Labour and Freedom of Movement
The supplier must not participate in, or benefit from, anyform of forced labour, including bonded labour, forced prison labour, slavery,servitude, or human trafficking. Workers must have the freedom of movementduring the course of their employment.
b. Retention of Identity Cards and Travel Documents
The supplier shall refrain from retaining the identitycards, travel documents, and other important personal papers of its employees.
a. Minimum Age Requirements
The supplier shall not engage in, or benefit from, the useof child labour. The minimum age for employment shall not be less than the ageof completion of compulsory schooling and, in any case, shall not be less than15 years (or 14 years where established by national laws in accordance with theILO developing country exception).
b. Educational Remediation Programme
If the supplier becomes aware that it is employing childrenof school age, it shall ensure that the children are enrolled in a remediationprogramme, rather than being summarily terminated from employment. Theprogramme shall include access to education and financial support and shall bedecided in consultation with the child and family or next of kin.
c. Light work and Apprenticeship Programmes
Where permitted by national laws, the supplier may employchildren between 12 and 15 to perform a few hours of light work per day. Thework must be simple tasks of a limited nature and not interfere with thechildren’s educational responsibilities. Apprenticeship programmes for childrenbelow the minimum age of employment must be remunerated and clearly aimed at training.
d. Hazardous and Harmful Work
The supplier shall refrain from hiring young workers (below18 years of age) to perform any type of work which is likely to jeopardisetheir health, safety or morals.
a. Legal compliance
Thesupplier must comply with all relevant host country environmental legislation.
Thesupplier must maintain awareness of current environmental legislativerequirements relevant to the environmental impacts of its activities, productsand services and ensure legal compliance through training, awareness,operational control and monitoring.
b. Management of environmental issues
The supplier must work systematically to prevent, minimise and remedy adverseenvironmental impacts of its activities, products and services through aproactive approach and responsible management of its environmental aspects.
The supplier must demonstrate continuous improvements of theoverall environmental performance related to significant environmental aspects.
a. Industrial Accidents and Health Emergencies
The supplier shall establish and maintain emergencyprocedures to effectively prevent and address all health emergencies andindustrial accidents affecting the surrounding community.
Non-discriminationin Employment related Decisions
The supplier shall not engage in or support discriminationon the basis of race, colour, sex, language, religion, political or otheropinion, caste, national or social origin, property, birth, union affiliation,sexual orientation, health status, family responsibilities, age, and disabilityor other distinguishing characteristics. Hiring, remuneration, benefits,training, advancement, discipline, termination, retirement or any otheremployment related decisions shall be based on relevant and objective criteria.
a. Bribing of Government Officials
The supplier shall refrain from bribing, or using any othermethod, to unjustly influence public officials and/or the judiciary.
b. Violations of official duties, corruption, and relatedcriminal offences.
It is forbidden to commit any violations of official duties,acts of corruption or related criminal offenses in any form whatsoever, or toparticipate in the same, in whatever manner.
c. Acceptance of gifts
It is forbidden to solicit, demand, be promised, or acceptany benefits from others, for oneself or any third party, for the unlawfulexecution or omission of a legal action.
Benefits are not only payments in cash but also any othertangible or intangible benefits such as provision of flight tickets, offeringof presents, invitation to business meals, reimbursement of hotel costs, etc.
Makingpresents or donations with the intention of initiating sales transactions is strictlyprohibited. Only usual attentions appropriate according to the cultureof the respective country are permitted that do not exceed the insignificancelimit pursuant to the legal standards of the respective country, and that arein accordance with CK&CO’s general principles.
a. Purchase of Land
Before purchasing land, the supplier shall seek the priorand informed consent of all legal and/or customary owners.
The supplier shall ensure that it does not participate in orbenefit from improper forced relocations, and adequately compensatesinhabitants in legitimate relocations.
a. The Right to Freedom of Association and CollectiveBargaining
The supplier must not interfere with the workers’ rights toform and join unions, or other associations of their own choosing, and tobargain collectively. Nor shall the supplier discourage membership of unions.Workers’ representatives shall not be subject to discrimination and shall begiven access to employees at the workplace. The supplier must recognise electedworkers’ representatives and bargain in good faith with them regarding allimportant workplace concerns.
b. Alternative Measures in Case of State Prohibition onUnions
If trade unions are not allowed in the area of operation, oronly state authorised organisations are allowed, the supplier shall facilitate,and not prevent, alternative measures to allow employees to
gather independently to discuss work-related matters and a forum to presentwork-related concerns to management.
a. Use of Private Security Forces
The supplier shall prevent its security guards frominfringing on the liberty and security of others. Security guards shall betrained when to intervene in security related situations and how to use theminimal force necessary.
b. Relations to State Security Forces
The supplier shall take all reasonable measures to avoidinvolvement or complicity in human rights violations in its relationships andinteractions with state security forces.
The supplier shall maintain appropriate records todemonstrate compliance with the requirements of this code. Records shall beavailable to CK&CO upon request at any time. Appropriate records include,but are not limited to:
Names and ages of all workers.
Payroll records, including wage slips and overtime wagerecords.
Health and safety records, including material safety datasheets, accident records and relevant certificates and permits.
Environmental records, including data from the monitoring ofsignificant environmental impacts and relevant permits
Records of any significant instances of non-complianceencountered in relation to this code, including a summary of the correctiveactions taken to remedy the deficiencies.
The supplier must assign responsibilities within itsorganisation for the implementation of this code. As a minimum, the followingrepresentatives shall be designated:
One or more management representatives with theresponsibility and authority to ensure compliance with the provisions of thiscode.
A qualified health and safety officer at each facilityresponsible for planning, implementing and monitoring the supplier's health andsafety policies and procedures.
A freely elected workers' representative responsible forfacilitating dialogue and communication between the supplier and its employeeson all matters pertaining to this code. This function may be carried out by afreely elected trade union representative.
The supplier shall ensure that repeated offences and seriousneglect by any of its personnel in relation to matters pertaining to this codewill result in appropriate disciplinary actions, which may include dismissalfrom employment.
The standards included in this code shall be communicated toall new employees, including managers and supervisors, immediately upon hiring.The supplier shall ensure that all employees are regularly informed about thestandards included in the code and the necessity of acting in accordance withthem. In areas with high illiteracy rates, employees shall receive verbalinstructions. The code shall also be transmitted to local unions or otherworkers' representatives and shall always be accessible to all employees and inthe local languages whenever appropriate.
The supplier shall establish mechanisms for hearing,processing, and settling complaints of employees. Workers must have the rightto anonymously submit complaints regarding all workplace concerns, includingcomplaints regarding the supplier's failure to comply with this code, withoutfear of punishment or adverse employment action. The supplier shall properlyinvestigate, address and settle all complaints in accordance with itspre-established complaints procedure. Anyone affected by the supplier'sactivities must have access to communicate concerns or submit complaintswithout discrimination or fear of reprisals. The supplier shall properlyinvestigate, address and settle any complaints or concerns raised by localcommunities.
5. Relations to Sub-suppliers *
The supplier is responsible for ensuring that its respectivesub-suppliers observe the standards of this code. As part of this obligation, thesupplier shall:
Require sub-suppliers to inform the supplier about otherbusiness entities in the supply chain taking part in the production of eachorder.
Screen and select sub-suppliers based on their ability tomeet the standards of this code.
Make observance of the standards included in the code acondition of any agreement or contract that it enters into with sub-suppliers.
Undertake reasonable efforts to check that sub-suppliersoperate in conformance with the code.
The zero-tolerance standards of CK&CO outlined belowshall also apply to sub-suppliers.
CK&CO will monitor the operations of our suppliers toassess and ensure their compliance with this code. Our monitoring programmeconsists of on-site inspections (or audits) and periodic self-evaluations bysuppliers of their premises and those of their subcontractors. The suppliershall submit at any time to announced as well as unannounced audits. Thesupplier is required to provide physical access to any auditor from CK&CO orother auditor assigned by CK&CO. This obligation entails unhindered accessto all facilities, records, and where provided by suppliers, housing, as wellas employees for confidential interviews. The frequency and intensity ofsupplier audits will depend on - and shall be appropriate to - the scale andintensity of their operations.
CK&CO reserves the right to let an independent thirdparty of our choice make on-site inspections to verify compliance with therequirements of this code.
8. Enforcement, Remediation and Corrective Action
Where instances of non-compliance with the requirements ofthis code are identified, the supplier shall promptly take corrective action toremedy the deficiencies as well as taking measures to prevent similar problemsfrom recurring in the future. The supplier shall make timely and reasonableamends to any employee, former employee, or community member whose rights havebeen violated. Remediation includes, but is not limited to, paying back allwages found to have been unlawfully withheld or reinstating any employee foundto have been unlawfully dismissed.
Where instances of non-compliance are detected as a resultof audits, the supplier shall be given a fixed period of time to self-correctthe deficiency. In the event of failure to self-correct a problem, CK&CO iswilling to engage in a constructive dialogue with the supplier to develop andimplement a corrective action plan, with appropriate time scales forimplementation and improvements to be achieved. Agreement to abide by thecorrective action plan allows continuation of the business relationship, aslong as CK&CO finds that the supplier is implementing the plan in goodfaith. In the event of repeated and serious breaches of the requirements of thecode, CK&CO reserves the right to terminate the business relationship witha supplier and possibly cancel any production or delivery in progress.
9. Zero-tolerance Standards
CK&CO will not conduct business with a supplier engagedin violations of fundamental human rights. The following practices aretherefore considered unacceptable:
The use of bonded and forced labour, including forced prisonlabour and human trafficking.
Worst forms of child labour, including forced child labour,child prostitution, and other work which is likely to jeopardise the health,safety and morals of children.
Any harsh, inhumane or degrading treatment or punishment ofemployees.
The exposure of employees to life-threatening workenvironments, where they have not been informed of the dangers and whereprotective measures have not been undertaken.
Deliberately causing substantial pollution to air or water,or substantial soil contamination.
Any complicity in violations of international humanitarianlaw and other crimes against the human person as defined by international law,including war crimes, crimes against humanity, genocide, torture, forceddisappearances, hostage taking and extrajudicial, summary or arbitraryexecutions.
If CK&COhas reason to believe that such violations are being committed by a supplier,the business relationship will be terminated immediately. If we havereason to believe that the supplier was aware of the violation and willinglyoperated in violation of fundamental human rights, the supplier may be reportedto the proper authorities.
* Based on Social Accountability 8000 requirements.