FOREWORD BY THE MANAGEMENT
Since its foundation in 1819, the German manufacturer J. D. Theile GmbH & Co. KG, Schwerte, has been passionately committed to the highest product quality, innovative strength, maximum performance, availability and customer-oriented service in all business areas.
Since its foundation more than 200 years ago by Johann Dietrich Theile, the name JDT has not only stood for high-quality products in international business dealings, but also for the values of a family-run company now in its sixth generation.
The company's success is also based on compliance with the law, the maintenance of internal regulations and an all-encompassing respect for fundamental ethical values. Social responsibility towards our employees, business partners and the community is just as much a basic requirement as the protection of the environment and the conservation of natural resources in our daily thoughts and actions.
We are convinced that with this basic attitude, like the generations before us, we are making and have made a contribution to the sustainable development of our company and thus continue to gain and maintain the trust of our employees, business partners and the community.
This Code of Conduct is intended to summarize the most important principles of our corporate activities and serve as a model for our employees in their daily work with colleagues, customers, suppliers and competitors. It is the duty of every employee to read and understand this Code of Conduct and to implement it in their daily work.
Together, we are responsible for acting with integrity and in accordance with the rules.
58239 Schwerte, June 2021
J .D Theile GmbH & Co KG
Managing Director
Thomas Muchowski
I. DECLARATIONS OF PRINCIPLES
1. self-image of JDT
People are at the forefront of our business activities. We ensure that our actions are guided by strict legal conformity and ethical principles.
We face up to our social and environmental responsibilities.
1.1 Sustainable development
This Code of Conduct is the basis for the sustainable development of our company in the present and in the future. The aim is to contribute to the preservation of an intact environment for future generations.
1.2 Human rights and non-discrimination
One of JDT's most important basic principles is respect for human rights, the protection of personal
personal rights and respect for the privacy and individual sphere of others. Cooperation with people from different countries and cultures should be without distinction of ethnic, national and social origin. Age, skin color, language, gender, disability, religious, political or other beliefs and sexual identity should not be discriminated against.
We do not tolerate discrimination or harassment based on these characteristics.
1.3 Compliance with regulations
Compliance with the applicable legal provisions within the scope of our national and international business activities is our top priority. This statement also applies to voluntary commitments, internal company guidelines and other regulations.
1.4 Value orientation
The foundations of our business and social conduct are based on trust, respect and tolerance. We expect this from all employees when dealing with our customers, suppliers and the quality of our products. The values set out in this mission statement should serve as a reminder of this and determine the direction of each individual's actions.
1.5 Environmental and social responsibility
We try to incorporate people's need for a clean and sustainable environment into our business and production processes. We are actively working to reduce environmental and climate pollution, conserve resources and recycle raw materials. We fulfill the resulting obligation and social responsibility towards our employees, business partners and the community in various areas.
2 Binding nature of the Code of Conduct and implementation
The values and principles set out in this Code of Conduct are in principle a matter of course in our day-to-day dealings with one another. It is therefore binding for all members of management and all employees.
2.1 Orientation guide
This Code of Conduct is intended as a guide for acting in accordance with the law and regulations, as well as for ethically and morally impeccable conduct in business dealings and towards colleagues. It is intended to support and promote day-to-day work.
2.2 Commitment
All managers at JDT are required to communicate the content and validity of this Code of Conduct to their assigned employees in a comprehensible manner and to encourage them to comply with the rules.
Any violation of this Code of Conduct will not be tolerated by the JDT management, as disregarding the principles can lead to high economic damage and extensive loss of reputation. Each employee is responsible for compliance with all relevant laws, law-like regulations and other regulations within his or her area of responsibility/activity. In the event of violations, employees must expect disciplinary measures and the assertion of claims for damages in addition to any official proceedings against them.
This Code of Conduct represents the minimum requirement for all JDT employees. If additional regulations are standardized and these are interpreted more strictly, you will not be restricted by the regulations listed in this Code.
This Code serves as an internal code of conduct and does not establish any claims against third parties.
2.3 Supplementation by guidelines
If this Code is supplemented by internal guidelines on selected topics, these must be consistent with this Code.
II. CONDUCT IN BUSINESS DEALINGS
1. requirement of fair competition, prohibition of cartels
A fundamental principle of the market economy is free, unrestricted and fair competition.
In accordance with our business policy, we base our competition exclusively on customer orientation, performance and the quality of our products.
Employees whose behavior contravenes national and international rules of fair competition and antitrust regulations will not be tolerated.
1.1 Prohibited business activities
Actions that are anti-competitive and relevant under antitrust law must be refrained from.
The following are examples of actions that are prohibited:
Agreements and discussions with competitors about competitively sensitive information (prices, price components, techn. developments) in the context of trade fairs, association events, standardization events, etc. or their disclosure to competitors. Sharing projects, markets, territories or customers with competitors. The submission of sham bids in tenders or the agreement with competitors to waive competition. Unlawful exploitation of a dominant market position. Unfair preference or obstruction of suppliers in the competition for contracts.
1.2 Involvement of legal counsel
Competition-related issues are often difficult to assess; in such cases, the relevant specialist departments should be involved or external legal counsel should be consulted in consultation with the management.
2. prohibition of corruption
Bidding for contracts is based on our innovation, product quality, services and prices. The relationship with public officials and elected representatives is characterized by respect and compliance with the law.
We outlaw and prohibit all forms of corruption.
2.1 Bribery and corruption
Within the scope of their activities, JDT employees are prohibited from demanding, accepting, obtaining or being promised advantages for themselves or third parties from business partners, their employees, intermediaries or other persons to which there is no legally enforceable claim ("bribery and corruption").
("Corruptibility and bribery in business dealings").
Unlawfully offering or granting advantages to business partners, their employees, officials or mandate holders, intermediaries or other persons in connection with the procurement, awarding, approval, execution or payment of contracts within or outside of official procedures or other business dealings.
official procedures or other relationships with authorities and business partners will not be tolerated by JDT.
Even the appearance of corrupt behavior must be avoided. Any inducements in dealings with JDT's business partners must be critically reviewed. This also applies in particular to
disproportionate hospitality expenses, unusual, disproportionate or such
invitations that are not directly related to a business visit,
gifts of money, valuables or goods.
Particular attention must be paid when dealing with elected officials, civil servants, employees of public authorities or other
public authorities or other public institutions with regard to the granting of benefits.
2.2 Consultants and intermediaries
Agreements with consultants, representatives or other intermediaries must be made in writing. Commissions and other remuneration must be in reasonable proportion to the verifiable consideration provided and must be based on customary rates of remuneration.
Agreements that are suitable for circumventing internal regulations or granting or obtaining inadmissible
or to grant or obtain undue advantages are prohibited.
3. donations
Donations made by JDT in the context of social responsibility must be made strictly in accordance with applicable law.
Donations are voluntary contributions for which JDT does not expect or receive anything in return. Insofar as they are permissible, they should have a local connection. Donations must not give the appearance of influence, nor be capable of damaging the reputation of JDT or its employees. They must not be misused for corrupt purposes.
Donations to political parties, party-like organizations, elected officials and office holders as well as
candidates for mandates or offices are not permitted. The procedure and relevant amount limits
are regulated by an internal JDT committee in consultation with the management.
4. compliance with tax law, export control regulations and money laundering prohibitions
Strict compliance with national and, where applicable, international tax regulations, trade regulations and money laundering prohibitions is essential for JDT as an internationally active company.
4.1 Taxes
JDT is committed to complying with all national and, where applicable, international tax and customs laws and obligations in the countries in which we operate. JDT rejects any form of inadmissible circumvention of the relevant requirements as well as abuse of structuring.
4.2 Export control and customs
National and international regulations that restrict or prohibit the import, export or domestic trade of goods, technologies or services are respected by JDT.
Approval procedures resulting from foreign trade law and customs regulations are observed by JDT.
4.3 Money laundering
JDT takes the international fight against money laundering and the resulting legal obligations very seriously and supports them.
5 Selection of business partners
The selection of business partners (customers, suppliers, service providers, distributors, project partners, consultants, etc.) is target-oriented and based on objective criteria. Compliance with the values defined by JDT is taken as a basis and observed in business relationships.
5.1 Selection process
JDT business partners are evaluated and selected impartially on the basis of offers based on defined objective criteria. Preference or disadvantage based on unobjective criteria is prohibited.
5.2 Business Partner Code of Conduct
JDT expects its business partners to respect principles such as respect for people and the environment, strict compliance with the law, the prohibition of corruption and integrity in competition and to act accordingly.
and act accordingly. This can be done in individual cases by providing evidence of a comprehensive code of conduct that has been reviewed in advance.
6 Documentation and reporting
Business transactions must be correctly documented and reported.
All business transactions to be documented in accordance with internal or external regulations must be
must be recorded accurately, comprehensively, promptly and in the designated place.
The documentation must be in the appropriate form intended for this purpose and must be stored in accordance with the statutory and internal requirements and deadlines.
All employees are obliged to provide truthful, complete verbal and written reports within the specified framework.
verbal and written reporting.
Compliance with data protection (GDPR) in the context of reporting and documentation must be ensured.
III. EMPLOYEES AND MANAGEMENT CULTURE
1. management culture
JDT's corporate success is primarily based on reliable and committed employees, both current employees and past generations in the more than 200 years of the company's existence.
JDT bears great responsibility for its employees. Fair treatment of one another, shared values, the promotion of performance and personal responsibility are all part of JDT's management culture.
Innovations are the result of people who are committed and passionate about their work. We give our employees the opportunity to contribute creativity as a team or individually and to take on personal responsibility so that potential can be exploited.
We are open-minded and fair in our dealings with one another. Problems, conflicts and undesirable developments can be addressed openly. We support this through flat hierarchies.
Our managers should set an example through their exemplary personal behavior and actively support the implementation of these guidelines. Interactions with employees should be respectful and based on responsibility. The interests of employees should be taken into account.
2. fair working conditions and occupational safety
JDT is committed to fair working conditions and high occupational safety standards.
2.1 Working environment
We respect appropriate working conditions for our employees that comply with the relevant legal requirements. JDT adheres to labor law requirements and offers fair remuneration.
We respect the legal representation of our employees' interests.
The outlawing of any form of forced, slave or child labor is a matter of course for JDT.
2.2 Health and safety
We respect the health of our employees as the most valuable human asset by ensuring safety in the workplace. We comply with the relevant regulations on health protection, occupational safety, fire protection and environmental protection. We always strive to improve and implement the applicable regulations for processes and systems through authorized persons or groups in our daily work. The aim is to reduce the risks to the health, safety and environment for our employees.
3. avoidance of conflicts of interest
It is important to JDT that employees do not have conflicts of interest or loyalty with the company.
with the company.
Potential personal conflicts of an employee with the interests of JDT must be disclosed immediately
to the HR department and/or management without delay.
3.1 Private orders from employees to business partners of JDT
No employee may place private orders with suppliers or service providers of JDT if he or she is seeking an unlawful advantage in relation to the business relationship.
3.2 Social commitment of employees
JDT values the social, community, civic or charitable commitment of its employees.
of its employees. However, this must always be done in such a way that conflicts with the interests of
interests of JDT are excluded.
4 Confidentiality, data protection and information security
The handling of business information is a confidentiality principle at JDT. Data protection and security of sensitive and personal data is carried out in accordance with legal regulations.
4.1 Confidentiality regarding business secrets
The duty of confidentiality applies to every employee with regard to internal matters of JDT vis-à-vis third parties, insofar as the information/data has not previously been lawfully published.
This applies in particular to trade and business secrets of any kind, as well as personal data. The use of information obtained for business purposes in the private sphere is prohibited.
The duty of confidentiality continues to apply permanently after termination of the employment relationship.
4.2 Protection of personal data
JDT attaches great importance to the observance of personal rights and data protection, in particular the correct handling of personal data of employees, customers, suppliers and other and business partners. When collecting, processing and using data and personal data, JDT employees are obliged to comply with the relevant data protection regulations and internal guidelines.
4.3 Secure exchange of information
JDT's national and international business activities also require the electronic exchange of information and data.
exchange of information and data. JDT is aware of the associated risks and strives to secure and protect business data from unauthorized access by third parties. The measures are regulated in detail in the internal data protection manual and in JDT's IT guidelines.
5 Careful handling of company property
JDT's company property must be protected. Under this guideline, JDT requires all employees to handle all tangible and intangible assets carefully and appropriately. This includes real estate, office equipment, operating resources, products, financial resources, information systems, software, but also property rights (e.g. patents, trademarks, etc.).
Damage must be reported immediately. Theft and unauthorized private use of company property is prohibited and will be punished accordingly. This means that violations of the law can be prosecuted under criminal and civil law and have consequences under labor law.
V. IMPLEMENTATION OF THE CODE OF CONDUCT
1 Compliance
The principles and values set out in this Code of Conduct are the basis for the continued
continued economic, social and environmentally sustainable development of JDT
Business risks are to be managed and minimized. JDT's responsibility for people and the environment (compliance) is thus to be concretized. JDT therefore expects all employees to consistently comply with the Code of Conduct.
1.1 Responsibility for compliance
Each individual employee is responsible for complying with the law and regulations to ensure integrity in business processes. This also includes knowledge of the content of these rules of conduct.
For the reason that breaches of the law and violations of rules can jeopardize not only the economic success of JDT, but also the social existence of our employees, these violations are not in the interest of the company. The violations are not tolerated by the management, but disapproved accordingly.
1.2 Compliance
The management of JDT is aware of its responsibility in connection with the content of these regulations and values and serves as a point of contact for all questions arising in this context.
2 Indications of legal violations
Every employee can report violations of rules and laws to the management of JDT,
without suffering any disadvantages as a result. Compliance-relevant information will be treated confidentially. Information, questions and suggestions on compliance issues are welcomed by the management; a compliance system also depends on the acceptance and cooperation of the individual.