Code of Conduct

of MueTec Automatisierte Mikroskopie und Messtechnik GmbH
- hereinafter: "MueTec" -

Preamble

As a company, MueTec is committed to its social and ecological responsibility, especially with regard to doing business in a way that respects universal human rights and preserves the basis of life for future generations.

MueTec, with the involvement of the management and the entire workforce, sets as a standard that the principles of ecological, social and ethical behaviour are observed and continuously cultivated in the corporate culture at MueTec.

The basis for MueTec's business activities are in particular

• laws and regulations of the Federal Republic of Germany as well as the applicable national law and regulations in all other respects,
• the International Covenant on Civil and Political Rights of the UN General Assembly of 16 December 1966 ("UN Civil Covenant" / "ICCPR"),
• The International Covenant on Economic, Social and Cultural Rights of the UN General Assembly of 16.12.1966 ("UN Social Covenant" / "ICESCR"),
• the fundamental conventions of the International Labour Organisation (ILO), specifically Conventions No. 29, the Additional Protocol to No. 29 (2014), 87, 98, 100, 105, 111, 138, 155, 182 and 187,
• the principles of the UN Global Compact initiative,
• the Responsible Business Alliance (RBA) Code of Conduct, 
• the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 22 March 1989,
• the Stockholm Convention on Persistent Organic Pollutants of 23 May 2001 and
• the Minimata Convention on Mercury of 10 October 2013.

MueTec expects its business partners to live up to their social and ecological responsibility.

MueTec is directly dependent on this in order to comply with its contractual obligations, in particular towards those purchasers who are legally obliged to observe social and ecological standards in accordance with the German Supply Chain Compliance Obligations Act (Lieferkettensorgfaltspflichtengesetz - LKSG).

Therefore, the following regulations ("MueTec Code of Conduct") apply to the cooperation between MueTec and MueTec's suppliers.

The MueTec Code of Conduct shall apply as the basis for all future deliveries by the supplier. The supplier undertakes to comply with the principles and requirements of the MueTec Code of Conduct. The supplier shall also endeavour to contractually oblige its suppliers to comply with the standards and regulations set out in this document.

A violation of the MueTec Code of Conduct by the supplier may – depending on the circumstances of the respective individual case and the severity and/or repetition of the respective violation – be cause for MueTec to terminate the business relationship including all associated supply contracts, in particular in order not to impair business relationships with customers.

I. Human rights and labour standards

MueTec is committed to unalterable human rights.

The Supplier undertakes to comply with human rights standards with regard to its corporate governance, in particular in connection with the provision of services for MueTec, irrespective of the type:
 

1. Prohibition of child labour

MueTec does not tolerate child labour. Child labour may not be used in any phase of production.

The supplier undertakes to comply with the requirements of ILO Conventions No. 138 and No. 182, in particular the following:

• The age of a worker shall not be less than the age at which compulsory education ends under the law of the place of employment, and in any case not less than 15 years.
• The rights of young workers shall be protected. Young workers under the age of 18 shall not be employed in work which is harmful to the health, safety or morals of children. Special applicable protection rules shall be observed. 
• If children are found at work, the supplier shall fully document the facts, as well as the measures to be taken to remedy the situation and enable the children to attend school.

2. Prohibition of forced labour 

MueTec does not tolerate forced labour, slave labour or comparable work of any kind, neither at MueTec nor at contractual partners.

The Supplier undertakes to comply with and uphold ILO Conventions No. 29, including its Additional Protocol (2004) and No. 105. The obligation to uphold the following rights and standards applies:

• All work must be voluntary and without threat of punishment.
• Employees of the supplier must be able to leave work or employment at any time.
• There shall be no unacceptable treatment of workers, such as psychological hardship, sexual and personal harassment and/or humiliation.
• The hiring or use of security forces shall be refrained from if, in the course of their use, persons are treated or injured in an inhuman or degrading manner or if freedom of association is impaired.

3. Fair working time

MueTec ensures and insists that its suppliers adhere to fair working hours.

The benchmarks are the requirements set out in section A.3. of the Code of Conduct of the Responsible Business Alliance (RBA). Accordingly, the following applies:

• The working hours at the Supplier must comply with the applicable national laws or regulations or industry standards.
• Overtime is only permitted if it is provided on a voluntary basis and does not exceed 12 hours per week
• The weekly working time must not regularly exceed 48 hours and, according to the specifications including overtime, must not exceed the number of 60 hours.
• At least one day off shall be granted after six consecutive working days.

4. Fair remuneration

MueTec ensures and insists on fair wages for workers at its suppliers.

The Supplier undertakes in particular to comply with the following:

• The remuneration for regular working hours and overtime must correspond to the national statutory minimum wage or the minimum standards customary in the industry, whichever is higher.
• The remuneration for overtime must in any case exceed the remuneration for regular hours.
• Insofar as the remuneration is not sufficient to cover the costs of ordinary living and to build up a minimum level of reserves, the Supplier shall immediately increase the remuneration accordingly to the amount required for this purpose.
• Employees shall be provided with all benefits prescribed by law.
• Wage deductions as punitive measures are inadmissible.
• The Supplier shall ensure that workers receive clear, detailed and regular written information on the composition of their remuneration.

5. Respect for the collective rights of workers

MueTec ensures and insists that its suppliers respect the collective rights of workers.

The benchmarks are the requirements of ILO Conventions No. 87 and No. 98, in particular compliance with the following rights and guarantees:

• The right of workers to form and join organisations of their own choosing and with their own statutes, without prior authorisation, shall be guaranteed.
• The right of workers to bargain collectively and, if necessary, to strike shall be respected.
• In cases where freedom of association and the right to collective bargaining are restricted by law, alternative means of independent and free association of workers for the purpose of collective bargaining shall be provided.
• Workers' representatives shall be protected against discrimination. Workers shall not be discriminated against on the grounds of establishing, joining or being a member of a workers' representative body.
• Workers' representatives are granted free access to their colleagues' workplaces to ensure that they can exercise their rights in a lawful and peaceful manner.

6. Health protection, Safety at work 

MueTec ensures and insists on its suppliers to ensure a safe and healthy working environment.

The requirements of ILO Conventions No. 155 and No. 187 are decisive.

Thereafter, the Supplier undertakes the following:

• The Supplier shall implement and maintain adequate occupational safety systems to take precautions against accidents and damage to health that may arise in connection with the activities of workers.
• The Supplier shall take appropriate measures to prevent physical or mental fatigue of the workers.
• The Supplier shall regularly inform workers about the applicable health and safety standards and protective measures to be complied with, in particular within the framework of regular training.
• The Supplier will provide workers with access to drinking water in sufficient quantity as well as access to clean sanitation facilities.

7. Non-discrimination

MueTec does not tolerate discrimination, neither at MueTec nor among business partners:

Thereafter, the following shall apply within the Supplier's company:

• Discrimination and unequal treatment of workers and other persons is inadmissible unless it is justified by the requirements of employment. This applies in particular to discrimination based on gender, national, ethnic or social origin, disability, health status, political conviction, religion, ideology, age, pregnancy, sexual orientation, skin colour and race.
• The personal dignity, privacy and personal rights of each individual are respected.

8. Preservation of the natural foundations of life

MueTec ensures the preservation of the natural basis of life within the scope of its possibilities. MueTec insists that the Supplier also commits himself to the preservation of the natural basis of life within the scope of its possibilities.

Thereafter, the following shall apply in particular:

• The Supplier shall not deprive land, forests or waters, the use of which secures the livelihood of persons, in violation of legitimate rights.
• The Supplier shall refrain from harmful soil changes, water and air pollution, noise emissions and excessive water consumption if this harms the health of persons, impairs the natural basis for food production or prevents the access of persons to safe drinking water or sanitary facilities.

9. Complaints mechanisms

The Supplier assures to establish and maintain a separate grievance mechanism for workers.

The grievance procedure must be accessible to the entire workforce of the supplier, with confidentiality of identity and effective protection against discrimination.
 

II. Ecological and environmental standards

Ecological management and environmental protection, both locally and globally, are an integral part of MueTec's business policy.

For this reason, cooperation with business partners requires that they also assume responsibility for ecology and environmental protection and take the necessary steps for sustainable, sustainable business.

The Supplier therefore undertakes to comply with the following ecological or environmental standards with regard to its corporate governance, in particular in connection with the provision of services for MueTec, irrespective of their nature:
 

1. Compliance with environmental laws and regulations 

The Supplier shall comply with all environmental laws and regulations applicable with regard to its activities and at its operating sites, in particular laws and regulations concerning the treatment of hazardous substances, waste and recycling management law, water law and emission law.

2.    Energy consumption

The Supplier will continuously monitor and document its energy consumption. In case of excessive energy consumption, the Supplier will identify and implement economic solutions to improve its energy efficiency and minimise energy consumption.

3. Emissions / Harmful environmental impacts

The Supplier shall take all measures to avoid harmful effects on the environment with the diligence of a prudent businessman:

• The supplier will type, monitor, inspect and, if necessary, treat waste water from operations, manufacturing processes and sanitary facilities prior to discharge or disposal. In addition, measures should be implemented to reduce the generation of wastewater.
• The Supplier will typify, routinely monitor, verify and, if necessary, treat general emissions from its operations (air and noise emissions) and greenhouse gas emissions prior to their release.
• The Supplier shall monitor its exhaust gas purification systems. During the course of the business relationship, the supplier assures to regularly check whether and to what extent emissions of any kind can be minimised, as well as to minimise these emissions within the scope of economically reasonable solutions.

4. Waste treatment

The Supplier shall take all measures required by law for the treatment of waste, in particular hazardous goods, and shall otherwise exercise the due care of a prudent businessman:

• The Supplier shall avoid and minimise solid waste for which it is responsible as far as possible, and systematically identify, treat, recycle and dispose of it responsibly where it has arisen. The prohibitions on the export of hazardous waste in the Basel Convention of 22 March 1989, as amended from time to time, shall be observed. Chemicals or other materials that pose a risk if released into the environment shall be identified by the Supplier and handled in a manner that ensures safety of life, limb, health and the environment during their handling, transport, storage, use, recycling, reuse and disposal. Mercury shall be used in accordance with the prohibitions of the Minimata Convention of 10 October 2013. Persistent organic pollutants shall be treated by the supplier in accordance with the requirements of the Stockholm Convention of 23 May 2001, as amended.
• The Supplier shall avoid or reduce the use and consumption of resources and the generation of waste of any kind, including water and energy, to the best of its ability, if possible directly at the point of origin, in particular by changing production and maintenance processes or procedures in the company that are not state of the art, as well as by using alternative materials, by saving, by recycling or with the help of the reuse of materials. 

III. Special obligations in connection with so-called "Conflict Minerals

As a (indirect) hightech raw material processing company, MueTec strives to prevent the use and processing of so-called Conflict Minerals within its supply chain and is obliged to do so vis-à-vis its customers.

MueTec includes the raw materials gold, tantalum, tungsten, tin as well as mica and cobalt under the term Conflict Minerals, provided that the payment for the specific delivery batch demonstrably finances armed rebel and terrorist groups on the territory of the Democratic Republic of Congo (DRC).

In order to ensure that MueTec products do not contain Conflict Minerals, MueTec is entitled, in case of reasonable suspicion of the use/processing of conflict minerals, in particular in case of indications from MueTec's customers, to verify whether there are indications for the use of Conflict Minerals within the supply chain. The assessment is oriented on the Organisation for Economic Cooperation and Development (OECD) Due Diligence Guidelines for Promoting Responsible Supply Chains of Minerals from Conflict and High-Risk Areas.

MueTec requires its suppliers to ensure that subcontracted products do not contain conflict minerals. For the purpose of the above, the supplier undertakes the following:

• The supplier shall monitor the origin of raw materials and subcontracted parts of any kind when purchasing them and ensure that no conflict minerals or products containing conflict minerals are purchased.
• The Supplier shall, at MueTec's request, conduct due diligence on its supply chains in accordance with the Organisation for Economic Cooperation and Development (OECD) Due Diligence Guidelines for Promoting Responsible Supply Chains of Minerals from Conflict and High-Risk Areas or in accordance with a methodology equivalent to these Guidelines and report the results of the due diligence in the form of the Responsible Minerals Initiative (RMI) standardised Conflict Mineral Reporting Templates (CMRT) form or a comparable reporting standard.
• The Supplier shall oblige smelters and processors identified as originating from Conflict Minerals to undergo an audit by an independent body at the request of MueTec, by means of which the origin can be clarified and an exclusion of the (further) use of Conflict Minerals can be ensured.
• Upon request, the Supplier shall inform MueTec without delay whether and with what result identified melting or processing companies have undergone an independent audit or whether these companies have refused such an audit.
• The Supplier declares to ensure the exclusion of such smelting and processing companies that have refused or failed to successfully complete requested audit tests with regard to the supply to MueTec upon request.
   

IV. Obligations related to business ethics

MueTec and the Supplier shall base their cooperation on a high standard of business ethics as a matter of course and undertake to comply with the following principles:

1. Fair competition

The laws and regulations of fair business, fair advertising and fair competition shall be complied with.

Antitrust law must be observed. Accordingly, in dealing with competitors, agreements and other activities that influence prices or conditions are prohibited, as are agreements aimed at restricting customers' freedom to determine their prices and other conditions autonomously when reselling.

The highest standards of integrity shall be applied in all business activities. In particular, a "zero tolerance" policy applies with regard to all forms of bribery, corruption, extortion and/or embezzlement.

Compliance with anti-corruption laws shall be ensured, in particular, where appropriate, through the implementation of due official or judicial procedures.

2. Confidentiality/data protection

The protection of private information has top priority. Comply with data protection and information security laws and government regulations when collecting, storing, processing, transmitting and disclosing personal information.

3. Intellectual property 

Intellectual property rights shall be respected; technology and know-how shall only be transferred in such a way that intellectual property rights and customer information are protected.

V. Implementation of the MueTec Code of Conduct / Audit

Compliance with the MueTec Code of Conduct is ensured as follows:

• The Supplier will identify risks within its business area as well as take appropriate measures to ensure compliance with the MueTec Code of Conduct.
• In the event of a suspected violation of the MueTec Code of Conduct, the supplier shall inform MueTec immediately, and otherwise regularly, about identified violations and risks as well as the measures taken in response.
• MueTec is entitled to verify compliance with the MueTec Code of Conduct at its own reasonable discretion. The verification shall generally be carried out with the aid of a questionnaire as well as on the basis of unannounced audits at the Supplier's premises. The Supplier agrees that MueTec will carry out audits at the Supplier's premises during normal business hours or have them carried out by commissioned persons at least once a year as well as extraordinarily for specific reasons. The Supplier may object to individual audit measures if the audit measures would violate mandatory data protection regulations.
• MueTec shall notify the Supplier in writing of the discovery of a violation of the MueTec Code of Conduct and give the Supplier the opportunity to bring its business policy in line with the requirements of the MueTec Code of Conduct. If a remedy is not possible in the foreseeable future, the Supplier shall notify MueTec thereof without undue delay and, together with MueTec, prepare a concept with a time schedule to end or minimise the violation.
• MueTec reserves the right to terminate the business relationship and to terminate all contracts if MueTec cannot reasonably be expected to continue the business relationship due to violations of the MueTec Code of Conduct.
• This applies in particular, unless a more lenient remedy is available, in the event of the fruitless expiry of a set deadline for remedying violations of the MueTec Code of Conduct, the event of a significant, culpable violation and in the event that the implementation of remedial measures in accordance with a joint remedial concept does not remedy the situation.
• Rights to extraordinary termination, in particular from individual contracts, shall remain unaffected, as shall claims of MueTec in connection with violations of the MueTec Code of Conduct, in particular for damages.