Ethical Code Guidelines
WINTERMAR OFFSHORE MARINE GROUP
(WINS)
Rev : 2
Ethical Code Guidelines
What is Ethical Code
The Ethical Code Guidelines is established to set rules and requirements to define acceptable and unacceptable principles, which guide the conducts of personnels in business practices, communities and the internal corporate environment. This Code is also vital to support the Company’s value of Integrity and its Anti-Corruption Practices Policy.
These Ethical Code Guidelines must be put into practice within WINTERMAR OFFSHORE MARINE GROUP environment to support Company’s reputation and authority. The Company recognizes that the Company’s personnel’s actions in business conduct will affect how other stakeholders view the Company. It is therefore imperative that the Code is adhered to by every personnel in the Company.
The Company in this document refers to all companies within the WINTERMAR OFFSHORE MARINE GROUP. The personnel in this document refers to personnel at all levels of hierarchy including offshore and shore based crew and officers, office staff, managers, directors and commissioners. These Ethical Code Guidelines not only apply within the company working environment, but they are enforced in every operational area of our business.
Bribery, Corruption and Dishonesty
Although the Code cannot cover every situation of ethical behavior, it offers guidance for all personnel against acts of bribery, dishonesty and corruption for personal gain, and how to behave ethically in relation with fellow personnel in the Company, client, charterer, supplier, contractor, insurance, agent, shipyard, class bureau, consultant, bankers and other third parties that the Company may be in business with.
Most countries have a legal system that prohibits corrupt practices including within the jurisdiction of The Republic of Indonesia. The violation of these laws shall be considered as a serious violation and may inflict fines to the Company and jail term for the perpetrator. Even an allegation of bribery or corruption is enough to cause damages to the reputation of the Company.
BRIBERY and CORRUPTION:
Bribery and Corruption means to accept or give anything improperly, as a compensation to influence a certain behaviour or decision or to acquire profit for the perpetrator, whether or not it is in expense of the Company.
Prohibitions:
• It is prohibited to accept or give personal favours or gift of any value in
any way, including parcels for special occasions such as Lebaran/Christmas. This also includes items of value or any cash unless in circumstances where such refusal will lead to awkward business situation. When the occasion arises, such transaction must be immediately reported to personnel’s superior and the gift declared in accordance with Company procedure (E/SPK/OPM/42).
• Clients/charterer, supplier, contractors, agent, shipyard and partner are
• It is prohibited to accept from or give anything to fellow personnel
either offshore or shore for personal favour or gain or to cover-up misconduct.
Each of the above violation will be dealt according to all effective regulations in place and could lead to immediate termination of employment without compensation.
DISHONESTY:
Whether intentionally or unintentionally, fabricating, imitating, damaging, erasing or concealing any property, logs, records or documents (including electronic documents) or any counterfeiting, manipulation or misuse of authority with the purposes of:
• Generating money, possession, service or information which would not
be acquired without these practices.
• Altering personal or business performance record.
• Inflicting company loss and damaging company reputation.
• Derogating company rights/opportunity in business competition or
damaging company reputation.
Company Ethical Code Guidelines
This guideline is created to provide examples and to clarify the Company Ethical Code that is widely applied. It, however, does not cover every situation for which the Code applies. It also defines the disciplinary procedure imposed for violation.
GIFT FROM THE SUPPLIER/BUSINESS PARTNERS
Gift refers to any kind of money, goods, service or treatment given or received by personnel with the purpose of personal gain.
The guidelines includes goods and services provided by the supplier/business partner to the company personnel unless given to on behalf of the company, not individually.
Examples of prohibited gifts are as follows:
• All gifts received at home and office including hampers, parcels of
food.
• A welcome gift sent to the hotel during business trip.
• Service for free or special offers from supplier/contractor/third parties. • Cell phone vouchers or credit
Examples of allowable gifts are as follows:
• Donation or sponsorship for company event from supplier/contractor.
• Gifts that have been declared by the personnel to the superior and that
the disposition of the gift has been settled by the superior.
• Promotional merchandise such as calendars, agenda, pens and t-shirts bearing the logo of the supplier/contractor.
BUSINESS TRIP / ACCOMMODATION EXPENSES Example of prohibited actions:
• Accept payment for business trips, hotel expenses, domestic or international by supplier, shipyard or contractors.
• Providing fake receipts of any purchases , expenses, including hotel
bills, meals, transport etc.
• Marking up actual costs.
• Conduct unnecessary trip during business trip.
• Accepting or asking for money or gifts from vessel crew.
• Include as company expense, unrelated personal or family member
expenses during business trip.
Example of non- prohibited actions:
ENTERTAINMENT
Although general treats are normal business/social behaviour, personnel should refuse a dining invitation or other treats which are offered either in excess of social norm or too frequent in order to avoid dishonour or to maintain objectivity in carrying out Company duties.
In cases where it would be impolite to refuse an invitation, personnel must seek prior approval from direct superior before accepting.
Examples of prohibited entertainment are as follows:
• Accepting any ticket to events with or without the provider present.
• Using provider’s facilities such as: house, villa for personal use.
• Any kind of entertainment outside the limits of proper business hospitality.
• To prolong a business trip for vacation paid by the
host/client/charterer, supplier/contractor, agent, shipyard or business partner.
• Any from of immoral activity.
Examples of non- prohibited entertainment are as follows:
REBATE/DISCOUNT/COMMISSION
All rebate or discount that is given by supplier/contractor/third party belongs to the Company. Personnels are prohibited to accept any commission/complimentary in cash directly or indirectly (via bank transfer or third party) for personal gain.
DISCIPLINARY PROCEDURE
Related topics on Ethics
OFF DUTY
Where a personnel wishes to work elsewhere with or without remuneration, routinely or as a part time consultant, s/he should obtain prior written approval from his/her superior or the Managing Director.
CONFLICT OF INTEREST
Personnels should avoid involvement in investment or business activities that may cause conflict of interest with the Company.
Any family or close relations who are the suppliers/clients/contractors must be disclosed to the Company.
CONFIDENTIAL INFORMATION
Personnel are prohibited to disclose or expose confidential Company information in any manner to anyone outside the Company, without prior written permission from Managing Director. Confidential information refers to all information related to Company’s business activities that are unknown to parties outside the Company.
NEGATIVE PERSUASION
All personnel are prohibited to persuade or influence other people in a way to violate regulation.
LOAN TO/FROM THE SUPPLIER OR CONTRACTOR
MISUSE/ SALES OF COMPANY'S PROPERTIES
All sales profit of Company properties of any kind belongs to the Company. Company assets include, but not limited to fuel, oil, rental, space, sale of company rights on a contract, collecting rights, recycleable waste and used equipments.
HARASSMENT – FREE
Procedure “When in doubt”
Whenever personnel are in doubt, s/he can ask for clarification from her/his superior or the Managing Director.
When a compromising position is encountered, the personnel are strongly encouraged to report the case before any action taken.
Declare to direct superior and hand over the gift to head of GA Division for settlement.
Reporting Dishonesty or Corruption
Personnels must immediately report to the superior whenever there is an indication of dishonesty or corruption directly or indirectly committed by the personnel or other personnels for immediate action.
The Company is concerned with the protection of the witness/personnel’s interest. Therefore, all reported evidence is treated with strictest of confidence.
If in any reason personnel is hesitant to talk about dishonesty/corruption to the superior in the Company, s/he may report it directly to the Managing Director.
A communication via email is provided for anonymous reporting:
Email: integrity@wintermar.com
ayolapor@wintermar.com
Appendix 1. Excerpts from Company Regulations
CHAPTER IX: Work Procedures and Disciplinary Regulations. Section 35 : Obligations and Responsibilities
1. Personnel are required to maintain office appliances/equipment and other properties provided by the Company and other Company properties.
2. Personnel are required to immediately report to the superior on the loss or damage of the office appliances/ equipment and Company properties.
3. All personnel are required to report on every other personnel activities that might put the Company at loss or breaking Company regulations and policies.
4. All personnel are required to check all office appliances, machines etc, before and after performing their duties in order to avoid damage that can endanger work activities.
5. Personnel are required to maintain and firmly keep confidential company information from other parties in relation to his/her knowledge about the company, even though s/he no longer works for the company.
6. Personnel are required to abide by the Company regulations regarding: a. Work health and safety measures
Section 36 : Restrictions for the personnel
1. All personnel are prohibited to operate any business activities outside the company interests.
2. Personnel are prohibited to misuse or remove office appliances/equipments and Company properties from the predetermined place/location, except to be used in relation to duties and responsibilities assigned within Company environment.
3. All personnel prohibited to consume alcoholic beverages, to be intoxicated at workplace, to carry or keep and abuse drugs, to be involved in any gambling activities and to fight or quarrel with other personnel, superior or the Managing Director within Company environment.
4. All personnel are prohibited to possess or to carry any kind of firearms or blades within the Company environment.
5. All personnel are prohibited from incident or lecherous deeds.
6. All personnel are prohibited to trade any properties/equipments belonging to the company.
Section 37 : Penalty Against Violation of Work Procedures and Disciplinary Regulations
1. Any violation of work procedures and disciplinary regulations will have a penalty imposed. The weight of the penalty will be considered according to the faults/violations committed as well as other factors influencing the incident.
2. In cases where a violation of work procedures and disciplinary penalties occurs while a previous penalty is still in effect, the validity of the new penalty will take effect when the new penalty is issued.
3. It is unnecessary to give penalties in sequences, instead the new penalty will take into consideration the weight of all violations commited.
4. A penalty will expire if the predetermined duration has been spent without new violations.
5. The types of penalty against violations of work procedure and disciplinary regulations are as follow.
A. Reminder Letter
1) Issued by the personnel’s direct superior or Managing Director and will be recorded on the personnel’s personal data and valid for 3 (three) months.
2) Types of violation subjected to a Reminder Letter are:
a) Failing to register attendance log consecutively for 2 (two) times in the same month.
b) Absent for 1 (one) day in the same month without any accountable reason.
d) Leaving the office/work place before schedule for 2 (two) times in the same month without permission acknowledged by the superior and without recording in attendance log.
e) Failing to report or submit a memo from the doctor or midwife or other eligible traditional physician on the first day of work after absence
f) Operating business outside Company’s interest, trading any products or distributing donation forms or brochures from outside the Company, displaying/distributing posters and leaflets within Company environment without permission from the Managing Director.
g) Failing to report any alternations of personal data, including address, family status (marital status, birth or death in the family).
h) Failing to comply with duties and reponsibilities applied in the Company.
B. First Warning Letter (SP-I)
1) Issued by the personnel’s direct superior / the Managing Director and valid for 6 (six) months from date of issue.
2) Violations subjected to the First Warning Letter (SP-I) are:
a) Failing to register attendance log 2 (two) times consecutively or 4 (four) times non-consecutively in the same month.
b) Absence from work for 2 (two) days consecutively in the same month without any accountable reason.
d) Arriving late for work from the scheduled office hours 2 (two) times consecutively or 4 (four) times non-consecutively in the same month without permission acknowledged by the superior officer and without recording in attendance log.
e) Recording the attendance log of other personnel.
f) Inept or careless performance of duties that can inflict hazard/ accidents upon him/ herself as well as other people.
g) Performing actions that can damage / harm company image or reputation.
h) Failing to abide by a reasonable direct order from the superior.
i) Sleeping during office hours.
j) Defying a proper assignment.
k) Failing to report any damage to Company equipments/ appliances/ properties/ assets.
l) Misusing and/ or moving office equipment/ appliances/ properties/ assets without permission from the Managing Director.
C. Second Warning Letter (SP-II)
1) Issued by the personnel’s direct superior/ Managing Director and valid for 6 (six) months from date of issue..
2) Violations subjected to the Second Warning Letter (SP-II) are:
a) Failing to register attendance log for 4 (four) times consecutively or 6 (six) times non-consecutively in the same month.
b) Absence on work for 2 (two) days consecutively or 6 (six) times non-consecutively in the same month without any accountable reason.
c) Arriving late for work from the scheduled office hours 4 (four) times consecutively or 6 (six) times non-consecutively in the same month.
d) Leaving the office/ work place during office hours for 4 (four) times consecutively or 6 (six) times non-consecutively in the same month without permission acknowledged by the superior and without recording in attendance log.
e) Providing false personal data.
D. Third Warning Letter (SP-III)
1) Issued by the personnel’s direct superior/ Managing Director and valid for 6 (six) months from date of issue.
2) Violations subjected to the Second Warning Letter (SP-III) are: a) Carrying any ind of firearms or blades within the company
environment.
b) Conducting actions that can inflict disturbance which can put the Company at a loss.
c) Carelessly neglecting duties.
d) By intention or by negligence making him/herself unable to perform any assigned tasks.
e) Ineptitude in performing assigned tasks despite trials in other fields and other departments.
f) Falsifying sick notes, permission notes, employement letters.
g) A penalty upgrade from the Second Wrning Letter (SP-II) after a similiar violation and/or an equally weighted violation.
E. Immediate Termination of Employement
2) Violations subjected to Immadiate Termination of Employment are:
a) Selling or transfering ownership of Company property or assets.
b) Sexual harassment or discrimination due to ethnic group, religion, race, and rank or gender.
c) Conducting actions that can cause a loss to the Company.
d) Using physical force or threats against co-workers that may cause disruptions in daily office activities.
e) Conducting deliberate or careless action that inflicts damage on Company equipment, assets or documents.
f) Revealing and/or leaking out confidential company information, whether intentional or unintentional.
g) Conducting criminal acts, including: stealing, embezzlement, fraudulence, trading of illegal products inside or outside company environments, unauthorized sale of company properties, slandering, or pitting co-workers against each other.
h) Alluring or persuading co-workers, business partners or their families to perform illegal or criminal conduct.
i) Phisically assaulting, insulting or threatening co-workers, business partners or their families.
j) Organizing illicit meetings and/or distributing unaccountable material that may inflict disturbances.
l) Negligence in performing duties that causes an accident and puts the Company at loss.
m) Providing false or falsified information that puts the company at a loss.
n) Conducting the same violation which attracts a Third Warning Letter (SP-III), whilst a penalty for a Third Warning Letter (SP-III) is still valid.
F. Suspension
1) The company may suspend personnel for either of two categories:
a) Suspension to educate personnel that violates Company regulation or other Company rules.
b) Suspension to ensure a good working atmosphere whilst the employment of the personel is in the process of termination pending the decisions from the industrial courts.
2) Personnel will be notified of their suspension in writing.
3) The maximum time limit for suspension is 1 (one) month.
CHAPTER X : TERMINATION OF EMPLOYMENT
Section 38 : Circumstances That May Cause Termination of Employment
G. Violation of Work Procedures and Disciplinary Regulations
Date Rev Page
Apr ‘16 1 1 of 1
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Content
Rev no./ Date
/ Page Previous version
Rev no./ Date
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1 / Oct ‘15 / 2
BRIBERY and CORRUPTION
Bribery and Corruption means to accept anything improperly, as a compensation to influence a certain behaviour or decision or to acquire profit for the perpetrator, whether or not it is in expense of the Company.
2 / Apr ‘16 / 2
BRIBERY and CORRUPTION
