Table of contents
Code of Conduct for business partners of Kolarik im Prater GmbH
1. General
Kolarik im Prater GmbH (hereinafter referred to as Kolarik) intends to be an attractive business partner and therefore to maintain reliable and fair business relationships. The same is expected of all Kolarik's business partners.
Furthermore, Kolarik expects professionalism and continuous improvement in terms of quality, sustainability, innovation, cost control and reliability from all their business partners. Kolarik expects from all their business partners to comply with this Code of Conduct towards everyone, including Kolarik, their own employees and business partners as well as third parties.
2. Compliance with laws and regulations
3. Business conduct
3.1 Ethical conduct and prohibition of corrupt practices
The business partner is obliged to maintain high ethical standards in all their business activities. They have to strictly prohibit any kind of corruption, extortion, fraud and bribery as well as kickbacks, money laundering and embezzlement and take measures against such occurrences. The business partner must not make, offer or accept any inappropriate payments or benefit from any other inadmissible advantages. The business partner must not be involved in any form of illegal activity and is obliged to have effective programs in place to prevent and report illegal activity.
The business partner may not suggest, offer or provide gifts or benefits in any form to an employee of Kolarik in order to influence the employee's decision regarding the business partner or to give the impression of influencing.
Employees of Kolarik im Prater GmbH are not permitted to accept or ask for gifts or benefits in any form from a business partner who is currently negotiating a contract with Kolarik or is about to do so.
3.2 Conflicts of interest
The business partner is obliged to inform Kolarik of any conflicts of interest relating to Kolarik's employees. Situations in which the impression of a conflict of interest is created are also subject to the duty to inform.
The business partner is also obliged to inform Kolarik if an employee of Kolarik or an immediate family member works for the business partner, holds an executive position with the business partner or has a significant shareholding in the business partner, whether financial or of other nature.
3.3 Fair competition
The business partner has to compete fairly in accordance with all applicable competition laws and regulations and to engage in truthful advertising. For example, the business partner must not enter into any agreements with their competitors in order to negatively influence prices or the availability of goods.
3.4 Intellectual property and media
The business partner is obliged to respect and comply with all rights, laws and regulations in force as well as international agreements on intellectual property. The business partner is also strictly prohibited from using the name and company logo of Kolarik in advertising and publications in the media without a prior written consent of Kolarik im Prater GmbH.
4. Compliance with trade regulations
The business partner is obliged to comply with all applicable import & export control laws, regulations and sanctions of the country in which the business partner is established and all countries in which transactions are carried out.
The business partner has to inform Kolarik immediately if international trade sanctions or restrictions have been or will be imposed on the business partner themselves or any other person working directly or indirectly with or for the business partner. This also applies in the event when an investigation is launched against any of these persons to ensure compliance with the sanctions. This also applies to situations where goods of any kind supplied to Kolarik are subject to export controls or licences.
The business partner is obliged to provide Kolarik on request with information about the place of manufacture, including proof of origin, of the goods they supply to Kolarik.
5. Labour laws and human rights
The business partner has to respect and support internationally recognised human rights (the International Bill of Human Rights, the UN Guiding Principles on Business and Human Rights, and the Eight Fundamental Principles of the ILO) and to ensure that it is not complicit in human rights violations.
5.1 Anti-discrimination, respect and dignity
The business partner has to respect national, ethnic and social origin and affiliation, skin tone, religion, age, disability, gender or gender identity, sexual orientation, marital status, and political beliefs when hiring, promoting, compensating, disciplining, retiring, or terminating employees.
The business partner must treat their employees fairly and equally as well as with respect and dignity and ensure a working environment that is free from discrimination, harassment of any kind (including physical, sexual, psychological, verbal), mistreatment, sexual abuse, corporal punishment, psychological or physical coercion, verbal abuse or other forms of intimidation.
5.2 Child and forced labour, modern slavery
The business partner may not use child labour, i.e. work by children for gainful purposes. No employee may be under the compulsory school age, under the age of 15 or under the local minimum age for employment prescribed by law. The highest age always applies.
Minors (under the age of 18) may not carry out any work that is physically, mentally, morally or socially harmful, or dangerous for them or detrimental to their school education.
The business partner is strictly prohibited from using or promoting any form of forced labour. This includes e.g. human trafficking and bonded labour. The business partner is prohibited from entering into contracts with business partners and their subcontractors that use child or forced labour.
All forms of slavery including modern slavery will also not be tolerated. We expect our business partner, their business partners and their subcontractors to take action against all forms of slavery.
5.3 Wages, employee benefits and working hours
The business partner is obliged to pay their employees (including part-time employees, temporary workers and subcontractors) on time and in accordance with applicable wage laws (including minimum wage, overtime, paid holidays, mandatory benefits and prohibition of excessive overtime). The business partner has to ensure that all their employees receive employment documents that are freely agreed and comply with all legal and contractual rights.
5.4 Community rights
The business partner respects the rights of the community (e.g. access to land or land use rights) in all business activities the business partner is involved in. The business partner considers and avoids in advance potential negative impacts on the local communities where the business partner operates, especially on vulnerable groups such as children, indigenous peoples and ethnic minorities.
5.5 Freedom of association
The business partner encourages open communication and direct conversation with employees in order to resolve workplace or wages-related issues. The business partner respects local labor law regarding, e.g. freedom of association and freedom to join trade unions and works councils. Employees have the right to speak openly with their employer about their working conditions without the fear of intimidation or harassment.
5.6 Complaints regarding compliance with this Code
The business partner ensures that all their employees have the opportunity to report any concerns they may have about compliance with this Code without the fear of negative consequences.
6. Employee protection and safety
The business partner is obliged to provide all their employees with a safe and harmless to health working environment in accordance with all laws and regulations in force.
Safe working practices and necessary technical precautions as well as appropriate inspection and preventive professional maintenance work have to be available. All employees who are exposed to unavoidable hazards despite all precautionary measures have to be provided with appropriate personal protective gear. In addition, the business partner is obliged to provide their employees with all necessary information, training on occupational safety, and suitable equipment. Effective and functioning safety programmes also have to be available – at least in the areas of emergency preparedness, safety, exposure to harmful chemical and biological substances as well as epidemics and pandemics.
The business partner's employees must not be under the influence of alcohol, drugs or other intoxicating substances while carrying out work for Kolarik.
7. Environment, waste and emissions
The business partner is aware of their responsibility regarding environmental protection and is obliged to comply with all environmental laws and regulations in force. The business partner strives to protect the environment and to continuously minimise the harmful effects of their own activities on the environment.
The business partner is also obliged to obtain and store all environmental licenses, registrations, and restrictions required for the operation of their own business. The business partner has to comply with operational and reporting requirements.
The business partner has a suitable environmental management system in place to fulfil their obligation to protect the environment. As a result, the business partner has systems in place to monitor, control, prevent, reduce, safely handle, store, reuse, transport and dispose of waste, emissions and wastewater generated by their operations. The business partner continuously minimises the carbon footprint of their operations by procuring renewable energy and making the most efficient use of available energy.
8. Communication and documentation
Kolarik expects the business partner to effectively communicate the contents of this Code to all their employees, business partners and their subcontractors.
The business partner is obliged to draw up corresponding documentation as proof of compliance with this Code and to regularly check that all provisions of this Code are being followed. In addition, the business partner is obliged to provide Kolarik with all relevant documents and information upon request.
Should Kolarik have reason to believe that the business partner has violated the Code, Kolarik is authorised to investigate the matter themselves or through an external auditor. If a violation of at least one provision of this Code is determined on the part of the business partner, Kolarik has the right to terminate the business relation with the business partner with immediate effect. As soon as the business partner becomes aware that one of their employees has violated a provision of this Code, the business partner is obliged to inform Kolarik immediately.
Gender disclaimer
In the interest of better readability, only the generic masculine has been used in this text. All personal nouns used here refer to all genders, unless otherwise indicated.
By entering into a contract with Kolarik im Prater GmbH, I commit myself to comply with this Code of Conduct. I will ensure that our employees, our business partners and their subcontractors also follow the rules of this Code.