Skillled Policy against Acts of Corruption and Bribery

Policy against Acts of Corruption and Bribery

Date of last update: 24^th June 2023

1. Purpose

The purpose of this policy is to ensure compliance with anti-bribery and anti-corruption regulations, in addition to ensuring that Skillled's business is carried out with social responsibility.

 

2. Policy statement

Bribery is the offering, promising, giving, accepting or soliciting of an advantage as an inducement to an illegal action or breach of trust. A bribe is an inducement or reward offered, promised, or provided to obtain a business, contractual, regulatory, or personal advantage.

Our policy is to conduct our business honestly and ethically, with zero tolerance for bribery and corruption. We are committed to acting with professionalism, fairness and integrity in all business transactions and relationships, and to implementing effective systems to combat bribery wherever we operate.

We are committed to complying with all relevant laws to effectively combat bribery and corruption, in all jurisdictions in which we operate, without exception.

Bribery and corruption are crimes punishable by imprisonment and a fine for the individual. If we are found to have engaged in corruption, we will be subject to unlimited fines, exclusion from bidding for public contracts, and irreparable damage to our reputation. Therefore, we take our legal responsibility very seriously.

 

3. Scope

3.1 Who does this policy apply to?

In this policy, third parties are defined as any person or organization with whom you interact while performing your functions on our behalf, including actual and potential customers, suppliers, distributors, business contacts, agents, consultants, government and public agencies, as well as its advisers, representatives, employees, politicians and political parties.

This policy is applicable to all the people who work with us, regardless of their position or hierarchical level. This includes senior managers, officers, and directors, permanent, temporary or occasional employees, consultants, contractors, interns, contractors, home office workers, casual and temporary workers, volunteers, interns, agents, sponsors or any other person associated with us or our subsidiaries and our employees, wherever they are. In this policy, these people will be referred to as “collaborators”.

This policy covers:

• Bribes;
• Gifts and hospitality;
• Facilitation of payments;
• Political contributions;
• Charitable contributions.

 

3.2 Bribery

It is strictly prohibited for our collaborators to participate in any type of bribery, either directly or through third parties, such as agents or distributors. Employees must emphatically not offer bribes to foreign government officials, anywhere in the world.

 

3.3 Gifts and hospitality

Employees must not offer or give any gift or hospitality:

• That may be considered illegal or inappropriate, or violates the recipient's policies; either
• To any public employee or official or representative of the government, or politicians or political parties.
• That exceeds $50 in value for each individual gift or $250 in value for each hospitality event (not to exceed a total value of $500 in any fiscal year), unless approved in writing by the Associate's manager.

Associates may not accept any gifts or hospitality from our business partners if:

• Exceeds $50 in value for each individual gift or $250 in value for each hospitality event (not to exceed $500 total in any fiscal year), unless approved in writing by the employee's manager; either
• it is in cash; either
• There is any suggestion that a return favour will be expected or implied.

Where the approval of a manager above is required, if the manager is below the director level, then the approval of an appropriate director must be sought.

If it is inappropriate to decline the offer of a gift, the gift may be accepted, provided it is later declared to the employee's manager and donated to charity.

We recognize that gift-giving varies between countries and regions, and what is considered normal and acceptable in one location may not be so in another. Therefore, we must assess whether, in all situations, the gift or hospitality is justifiable and reasonable. Also, it is important to consider the intention behind the gift.

 

3.4 Facilitation payments and bribes

Facilitation payments are a type of bribery made to expedite or facilitate the performance of the routine functions of a public official, and not to obtain or maintain a business advantage or any improper benefit. These payments are generally required by low-level officials to provide a level of service that should be routinely provided.

Our policy strictly prohibits the payment of facilitation payments. However, we recognize that our associates may find themselves in situations where the personal safety of an employee or their family is at risk and a facilitation payment may be unavoidable. In such cases, the following steps should be followed:

• Keep any amount to a minimum;
• Create a record about the payment; and
• Immediately report the incident to your manager.

 

3.5 Political Contributions

In keeping with our commitment to ethical conduct, we strictly refrain from making donations, whether monetary or in kind, in support of political parties or candidates. Such actions could be perceived as an unlawful attempt to gain an unfair business advantage.

 

3.6 Charitable contributions

Charitable support and donations are acceptable (and indeed encouraged), whether they are in-kind services, expertise, time, or direct financial contributions. However, collaborators must be careful to ensure that charitable contributions are not used as a scheme to conceal bribery. We only make charitable donations that are legal and ethical under local laws and practices. No donation should be offered or made without the prior approval of the Compliance Department. All charitable contributions must be publicly disclosed.

 

4. Your responsibilities

Please be sure to read, understand and fully comply with this policy.

Preventing, detecting and reporting bribery and other forms of corruption is the responsibility of all collaborators and under our control. As a Contributor, you must avoid any activity that could lead to, or suggest, a violation of this policy.

If you suspect or believe that a conflict or breach of this policy has occurred or may occur in the future, you must notify your manager, the Compliance Department or the whistleblowing channel as soon as possible.

Any employee who violates this policy will face disciplinary action, including the possibility of dismissal for gross misconduct. We reserve the right to terminate our contractual relationship with any other worker who violates this policy.

 

5. Record keeping

We must maintain financial records and internal controls that document the legitimate business purpose of any payments made to third parties.

You must disclose and maintain a written record of all hospitality or gifts accepted or offered, which will be subject to management review.

All claims for expenses related to gifts, hospitality or payments to third parties must be submitted in accordance with our expense policy and must include a clear justification of the expense.

All accounts, invoices, memos, or other records related to our interactions with third parties, such as vendors, customers, or business contacts, must be meticulously prepared and maintained accurately and completely. We prohibit keeping accounts off the books to facilitate or conceal unethical payments.

 

6. Report Concerns

We take any suspicion of negligence very seriously and encourage you to raise your concerns as soon as possible. If you are unsure whether a particular act constitutes bribery or corruption, or if you have other questions or concerns, please do not hesitate to raise them with your manager, the Compliance team or through our reporting channel.

 

7. What to do if you are a victim of bribery or corruption

If a third party offers you a bribe, asks you to make one, suspects that this may happen in the future, or believes that you are the victim of another form of illegal activity, it is crucial that you report the incident immediately. You can do so by contacting the Compliance Department or the reporting channel.

 

8. Protection

Employees who refuse to accept or offer a bribe, or those who raise concerns or report wrongdoing by others, can sometimes feel concerned about the potential negative consequences. We encourage candor and fully support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be wrong.

We are committed to ensuring that no one suffers any detrimental treatment for refusing to engage in bribery or corruption, or for reporting in good faith any suspicion of actual or potential bribery or other corruption offences, or any future occurrence of such activity. Harmful treatment includes termination, disciplinary action, threats, or any other unfavorable treatment associated with raising a concern. If you believe that you have faced such treatment, you must immediately report it to the Compliance Department or the whistleblowing channel.

 

9. Training and communication

All new employees will receive training on this policy as part of their induction process. Regular and relevant training on the implementation and compliance with this policy will be provided to all existing employees.

Our zero tolerance policy regarding bribery and corruption will be communicated to all suppliers, contractors and business partners at the beginning of our business relationship with them and as necessary thereafter.

 

10. Policy Responsibility

The board of directors is ultimately responsible for ensuring that this policy complies with our legal and ethical obligations and that all employees comply with it.

The Compliance Department is primarily responsible for implementing and monitoring the effectiveness of this policy. They are also available to answer any questions or concerns about its interpretation. Management at all levels is responsible for ensuring that their subordinates are aware of and understand this policy. They must provide adequate and regular training to ensure compliance.

 

11. Monitoring and review

The Compliance Department is responsible for periodically monitoring and reviewing the effectiveness of this policy, considering its adequacy and suitability. Any identified areas for improvement will be addressed immediately. Our internal control systems and procedures will also be regularly audited to ensure their effectiveness in preventing bribery and corruption.

It is the responsibility of all collaborators to support and comply with this policy by reporting any suspicion of wrongdoing or danger.

Contributors are invited to comment on this policy and suggest ways to improve it. Any comment, suggestion or query can be directed to the Compliance Department.

This policy is not part of any employee's employment contract and may be modified at any time.