Supplier Code of Conduct
TUPACK/MARETO wants to be perceived as an integral part of the national society and economy in all countries. Due to the huge diversity of conditions at various countries in which we purchase goods and services, this maxim of TUPACK/MARETO business policy is considered in principles of the “Code of Conduct for TUPACK/MARETO Suppliers”. It is based on – among others – the UN Global Compact and the principles of the International Labor Organization but also reflects the TUPACK/MARETO “Business Conduct Guidelines”, which establishes fundamental principles of sustainability and apply to the entire company.
TUPACK/MARETO operates not only in accordance with clear Business Conduct Guidelines, which are mandatory worldwide, but also with directives to concentrate business with only the best suppliers who agree to and comply with our standards in the supply chain. In the long term we cooperate only with suppliers who place as much value on Sustainability as we do and who adhere to the principles of Global Compact with respect to human rights and work relationships.
In order to continuously monitor and improve the performance of our suppliers we try to improve a Supplier Management System permanently. Important are in particular the following concepts:
- Compliance with laws
- Prohibition of Corruption and Bribery
- Respect for Basic Human Rights of Employees (including refuse to employ or make anyone work against his or her will)
- Prohibition of Child Labor
- Health and Safety of Employees
- Environmental Protection
- Promotion of the above principles in the supply chain of the supplier
Sustainability Self Assessments, Risk Evaluations performed by the responsible TUPACK/MARETO Buyer, Sustainability Audits performed by TUPACK/MARETO resp. TUPACK/MARETO Quality audits. These audits include determining if the supplier adheres to the standard provisions of Code of Conduct.
If a supplier fails to execute the agreed upon measures, TUPACK/MARETO may terminate any existing business with the supplier. TUPACK/MARETO establishes strict terms of conditions resp. ask suppliers to accept strong contractual provisions.
Energy Efficiency Program
In order to orient also our entire supply chain in an ecological manner, we try to work also with our suppliers to identify and implement measures for the efficient use of resources and the reduction of greenhouse gas emissions.
All Procurement professionals within the TUPACK/MARETO Supply Chain organization are trained internally. Workshops include presentations with respect to Environment, Health and Safety addressing human right topics such as worker safety.
TUPACK/MARETO – Whistleblower System
TUPACK and MARETO have implemented a mutual whistleblower system in alignment with the Austrian Whistleblower Protection Act (WPA – HinweisgeberInnenschutzgesetz), to give potential whistleblowers the opportunity to confidentially report compliance breaches and criminal conduct within our organization that are within the scope of the WPA (see FAQ further below).
All reports received through the whistleblower system are not being processed by TUPACK or MARETO, but are exclusively handled by our audit partner CONFIDA.
Whistleblowers can also provide their tips anonymously, if they so desire. The proceedings agreed with CONFIDA guarantee that all reports received are treated strictly confidential and that the identity of each whistleblower is afforded with the best possible protection.
Please note that using the TUPACK/MARETO whistleblower system all reports must exclusively be provided by e-mail until further notice and must be directed to CONFIDA under the following e-mail address:
UPON USING THE TUPACK/MARETO WHISTLEBLOWER SYSTEM PLEASE EXPRESSLY INDICATE WHETHER YOU DESIRE TO REMAIN ANONYMOUS. IN THIS EVENT YOUR IDENTITY WILL BE UNDER NO CIRCUMSTANCES DISCLOSED TO TUPACK OR MARETO, unless you deliberately submit false reports or abuse the TUPACK/MARETO whistleblower in any form.
Before providing a report please read and make yourself acquainted with the FAQs provided below:
- Who is eligible to use the TUPACK/MARETO whistleblower system?
Any person who is aware of, has observed or has otherwise gathered information on internal proceedings, events or any other activity linked to a potential breach of compliance, fraudulent behavior or any other conduct, provided it falls under the scope of the WPA. This includes TUPACK’s and MARETO’s employees, former employees, interns, trainees, job applicants or any of our contractual partners, such as vendors and customers, business partners and other stakeholders, as well as third parties in any way connected to TUPACK and MARETO.
- At what point should I consider using the TUPACK/MARETO whistleblower system?
Before using the TUPACK/MARETO whistleblower system you should objectively examine whether the breach or conduct you wish to report does actually falls under the WPA scope, and if not, whether it could also be directly provided to a TUPACK/MARETO employee instead. In any case, you are requested to carefully consider the exact circumstances of the incident or activity you wish to report as well as its overall importance and/or economic impact on TUPACK/MARETO or any stakeholder.
- Which kind of incident or activity falls under the scope of the Whistleblower Protection Act?
The incident or activity identified in any report should be in any way connected to the following:
- Public procurement;
- Financial services, products and markets, and prevention of money laundering and terrorist financing;
- Product safety and compliance;
- Transport safety;
- Protection of the environment;
- Radiation protection and nuclear safety;
- Food and feed safety, animal health and welfare;
- Public health;
- Consumer protection;
- Protection of privacy and personal data, and security of network and information systems;
- Prevention and prosecution of criminal offences pursuant to s. 302 through 309 of the Austrian Criminal Code (Strafgesetzbuch), BGBl. No. 60/1974 (= corruption offences);
- Breaches affecting the financial interests of the Union as referred to in Article 325 TFEU and as further specified in relevant Union measures;
- Breaches relating to the internal market, as referred to in Article 26 (2) TFEU, including breaches of Union competition and State aid rules, as well as breaches relating to the internal market in relation to acts which breach the rules of corporate tax or to arrangements the purpose of which is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.
- How should I proceed with any incident or activity that does NOT fall under the scope of the Whistleblower Protection Act as per above list – can I still report them using the TUPACK/MARETO whistleblower system
NO. The scope of the WPA does for instance not include not any reports with regard to incidents or activities related to breaches of the Austrian Working Time Act (Arbeitszeitgesetz) or breaches of the Austrian Federal Equal Treatment Act (Bundes-Gleichbehandlungsgesetz), for instance harassment at work (including sexual harassment or bullying).
Should you wish to report any incident or activities related to any subject that is NOT within the scope of the WPA, you are requested to forward your report directly to your main contact or your supervisor within the TUPACK/MARETO organization. However, if your main contact or supervisor gave rise to your report, you may forward your report directly to his or her supervisor or, if in doubt, to any team member on executive level of TUPACK or MARETO.
- What do I have to do to make sure my report is submitted anonymously?
If you desire to remain anonymous please expressly indicate so in your report. CONFIDA will respect your wish to remain anonymous under all circumstances. To this end, please make sure that you are submitting your report using a secure email address such as a private email account or an email address exclusively set up for making the report.
Please memorize the email account you have used to submit your report in order to remain available for further enquiries or any questions CONFIDA may want to raise upon handling your report right until your case has been closed. Your anonymity will be respected throughout the whole examination and your identity will not be disclosed to TUPACK or MARETO, unless you deliberately submit false reports or abuse the TUPACK/MARETO whistleblower in any form.
- Is there anything else I should bear in mind?
Please be as precise as ever possible when describing the reported incident or activity. Also, you may want to enclose any documents or other material you have got hold of in connection with the reported incident or activity, whether attached to your email or by way of verbatim notes or as summarized content included in your report.
Further, you are strongly advised to make yourself acquainted with the Data Protection procedures on our website (https://www.tupack.at/en/data-protection/).
Kindly note that deliberately submitting false reports is an offence pursuant to s. 24 WPA and can be subject to a fine of up to EUR 20,000 (or up to EUR 40,000 in case of recurrence). In addition, any form of abuse of the TUPACK/MARETO whistleblower system may be considered a criminal offence, while this could also have consequences under labor law or civil law, including but not limited to damages claims to be made against you.
- What happens once I have submitted a report?
CONFIDA will promptly confirm the receipt of your report, in any case no later than 7 days from receipt of your submission. Upon your express request, CONFIDA will schedule a personal meeting with you to discuss the reported incident or activity, such meeting to take place no later than 14 days from your request.
In any case, please remain available for further enquiries or any questions CONFIDA may have on your report. To this end it would be useful if you regularly (ideally no less than once in a week) check the email account you have used to submit your report.
In any case, within 3 months from the date of submission of your report CONFIDA will inform you on the status of your report as well as on all measures that may have been implemented as a consequence.