Supplier Code of Conduct
1. Introduction
As a global provider of IT staffing solutions, Montreal Associates (Systems) Limited and its subsidiaries (‘Montreal Associates’, ‘MA Group ‘, ’we’, ‘us’, and ‘our’) recognise the need to do business with integrity and in a sustainable manner.
We connect curious people who believe in technology with the mission to build a sustainable, responsible, and smarter future.
To this end, MA expects all its employees, partners, and supply chain actors, to operate in an ethical, honest, compliant and professional manner. As our suppliers make an important contribution to the quality of our services, we require them to embrace our standards by abiding by this Code.
Failure to comply with this Code may prevent consideration for future business with us and may result in termination of existing agreements.
There are several principles of business ethics that guide the code of conduct of businesses. These business ethics principles include:
I. Integrity
II. Accountability
III. Respect for Human Rights & Fair Working Conditions
IV. Information Confidentiality & Data Protection. Transparency
V. Healthy Competition
VI. Respect for the Rule of Law
VII. Environmental Protection
2. Scope of the Code of Conduct
This document applies to all MA’s suppliers, their agents, employees, subcontractors and/or third parties assigned to provide services to MA or MA ‘s Clients, hereinafter “Suppliers”.
We expect our Suppliers to uphold these business principles to their own supply chain and ensure their own suppliers abide by them.
3. Overview
The Code reflects MA’s values and sets forth what is required and expected of its Suppliers with respect to the following topics:
- Compliance with applicable laws
- Ethics and integrity
- IPR, data privacy and security
- Inclusion and diversity
- Employment, working conditions, and human rights
- Wellbeing, health, and safety
- Environmental protection
4. Compliance with Applicable Laws
Suppliers shall comply with all applicable international, national, and local regulatory, anti-corruption, health and safety, labour and environmental laws and regulations. Business must be conducted in an ethical and responsible manner and meet the highest standards of ethical conduct.
Furthermore, Suppliers must hold all relevant permits/mandatory documents applicable to their industry before starting any business with MA.
5. Ethics and Integrity
5.1 Anti-Corruption
All applicable anti-bribery and anti-corruption laws must be complied with including, without limitation, the UK Bribery Act 2010 and the UK Criminal Finances Act 2017 or any other piece of legislation replacing or complementing these. Suppliers must maintain policies and ensure to implement procedures to mitigate and prevent bribery and corruption in any form.
5.2 Gifts
Suppliers shall not offer or accept any gift or anything else of value to obtain improper advantages or influence for the Supplier, for the MA Group (including MA Group’s employees and/or their family members and associates), or for any third party. Gifts include but are not limited to benefits, fees, commissions, dividends, cash, gratuities, services, or any inducements.
Suppliers may offer a MA employee a gift, travel, or entertainment only if it is: (a) appropriate (no cash or cash equivalents or other excluded gift type), it does not create an actual impropriety or a perception of impropriety, and complies with all laws, regulations, and policies for all parties, (b) of reasonable value, and (c) with full transparency of its value.
5.3 Conflicts of Interest
Suppliers must avoid financial, business, or other relationship which may affect compliance with agreements between the supplier and MA. Any conflict of interest, whether real or perceived, must be immediately reported to MA.
For illustrative purposes, a conflict of interest may arise when the personal interest of an MA employee interferes with MA ‘s best interests. This may occur when an employee or a family member or friend receives a personal benefit because of this employee’s position within MA.
5.4. Non-retaliation for Reports of Concern
MA expects Suppliers to have a policy and process in place for reporting of workplace concerns. The policy and process should be transparent and understandable and must provide confidentiality and protection from retaliation, for both reporters and for those participating in any related investigations.
5.5 Compliance with Competition Laws
MA is committed to operating in accordance with the Competition and Consumer Act 2010, or any other piece of legislation replacing or complementing this.
We expect our Suppliers not to enter into agreements or engage in conduct that restricts, prevents or distorts competition in local and global markets in violation of applicable competition laws.
6. Data Privacy & Security & IPR
MA Group requires its Suppliers to protect the privacy of individuals, including but not limited to employees, customers, other trade partners, and the security of confidential assets and information.
6.1 Confidentiality
Suppliers shall not use or disclose to third parties any confidential or commercially sensitive information in its possession relating to the relationship with MA Group, unless authorised in writing by MA Group.
6.2 Data Security
In terms of data protection and information security, MA Group expects its suppliers to comply with the highest industry standards that are relevant for the supplier’ s sector.
Suppliers shall establish and maintain adequate security systems, measures, and procedures to protect any information belonging to the MA Group, whether in paper or electronic format, from unauthorized access, use or disclosure, and ensure that such measures and procedures are suited to the sensitivity and confidentiality of the information collected or otherwise processed.
6.3 Data Protection
MA Group requires Suppliers to protect personal information in compliance with all applicable laws and regulations. Personal information provided by or on behalf of MA Group must only be used, accessed, and disclosed as permitted by the Supplier agreement and in compliance with all applicable laws and regulations.
6.4 IPR Aspects
Suppliers shall only use information technology and software that it has acquired or licensed legitimately and shall use them only in accordance with the terms of such licenses.
6.5 Transparency & Recordkeeping
Suppliers shall ensure that transparent, accurate and up-to-date books and business records are always maintained, in accordance with all applicable legal and contractual obligations.
7. Inclusion & Diversity
MA fosters a culture of inclusion & diversity, taking the stance that diversity should be celebrated, and no form of discrimination should not be tolerated.
7.1 Non-discrimination & Work Diversity
Every employee should be entitled to a working environment which promotes dignity and respect.
Our suppliers must not engage in inhumane treatment, or abuse of their workers; any form of discrimination or harassment or retaliation should be prohibited.
Suppliers must aim to adopt policies and procedures that promote an inclusive and respectful environment within their workforce and supply chain.
In keeping with this principle, Suppliers shall promote equal opportunity in the workplace and prohibit any type of discriminatory practices based on race, age, gender, marital status, sexual orientation, nationality, social or ethnic origin, ideology or political affiliation, religion, disability, health condition, pregnancy or any other personal, physical, or social condition.
7.2 Supplier Diversity
MA actively works for promoting diverse and underrepresented business in its procurement and outsourcing processes.
MA searches for Suppliers that similarly value diversity in their own supply chain and that support MA´s goals with respect to supplier diversity.
Suppliers shall respect laws on mandatory hiring quotas for disabled persons, where applicable, and adopt policies to support the inclusion of such persons in their workforce.
8. Employment, Working Conditions, and Human Rights
MA supports the international conventions on human rights and labour conditions, including:
- the Ten Principles on human rights, labour, environment, and anti-corruption,
- the Universal Declaration of Human Rights,
- the International Labour Organization’s (ILO) Declaration on Fundamental Principles and Rights at Work; and
- the UN Guiding Principles on Business and Human Rights, and it expects its Suppliers do the same.
8.1 Modern Slavery & Human Trafficking
MA recognises that all businesses have an obligation to prevent modern slavery, forced labour, and human trafficking and it will do its utmost to prevent abuse within its business and the supply chains through which it operates.
Our suppliers undertake a strict due diligence process to ensure its full compliance with human trafficking laws including, but not limited to, the UK Modern Slavery Act 2015, or any other piece of legislation replacing or complementing this.
All suppliers’ business operations should be free from slavery and human trafficking practices, whether in the UK or elsewhere, both internally and within the supply chains and any other external business relationships.
8.2 Child Labour
MA does not tolerate child labour in any form and at any stage of the supply chain.
This applies to any person employed below the age of 16 or under the applicable statutory minimum age for workers in the relevant country.
8.3 Human Rights
MA is committed to respecting human rights, and it expects its Supplier do the same.
MA requires Suppliers to enact practices to maintain a respectful and safe workplace, and to not tolerate physical violence, threats, corporal punishment, mental coercion, verbal abuse, disrespectful behaviour, bullying, or harassment of any kind.
8.4 Respect for Employment Laws & Freedom of Association
Suppliers must comply with all applicable wage and labour laws and regulations.
MA requires Suppliers to provide employees with a timely and understandable wage statement that includes sufficient information to verify accurate compensation for work, and to comply with all relevant legislation on work and rest time.
All use of temporary, dispatch, and outsourced labour shall be in accordance with all applicable laws and regulations.
Finally, MA requires Suppliers to respect workers’ rights with respect to freedom of association, including the right to form or join labour or trade unions or to join workers’ councils in accordance with local laws.
9. Wellbeing, Health, and Safety
MA expects Suppliers to implement sound health and safety practices across business operations.
9.1 Health & Safety
Suppliers should provide to their workers a healthy and safe working environment in compliance with applicable local and national laws and regulations in all countries of operation, including laws on occupational risk prevention, work hygiene, protection equipment, adequate lighting and ventilation, preventive measures for work accidents and emergency response plans.
Suppliers must have adequate policies, procedures, and systems in place to identify, assess, control, and monitor health and safety risks. Information, instruction, and training should be provided to employees for them to work safely and without risks to their health.
10. Environmental Protection
MA is committed to reducing the impact of its operations on the environment.
We will take a positive, solutions-oriented approach that recognises our impact on the environment.
We aim to encourage our employees and suppliers to reduce their own negative impact on the environment.
10.1 Environmental Footprint
Suppliers should aim to reduce negative impacts on the environment, including but not limited to reducing consumption of water, energy (gas, electricity, and solid fuels) and other manufacturing and/or office materials and, where possible, encouraging recycling and the use of recycled materials.
Their employees should be educated and supported in reducing their impact on the environment. Suppliers should aim to enhance and educate the supply chain within which they operate.
11. Reporting of Ethical Concerns
MA expects all employees, customers, partners, suppliers, shareholders, and stakeholders to speak up promptly about any conduct or circumstances they believe may constitute a violation of this Supplier Code of Conduct or any other MA policy.
Suppliers shall promptly notify the Legal & Compliance Department of MA, at legal@montrealassociates.com, regarding any known or suspected illegal or improper behaviour relating to dealings with or on behalf of MA, including behaviour by MA's employees or agents.
12. Acknowledgment & DDQ, Managing Violations
MA expects Suppliers to commit to compliance with this Code of Conduct and to be fully accountable in case of any breach.
12.1 Acknowledgement
Each Supplier is required to sign a statement (essentially in the form enclosed under Schedule 1 herein) which confirms that such person:
- Has received a copy of this Code of Conduct,
- Has read and understands the Code of Conduct, and
- Has agreed to comply with the Code of Conduct.
12.2 Due Diligence Assessment
Additionally, MA reserves the right to conduct a due diligence assessment for its Suppliers in accordance with its risk-based approach.
For the purposes of such assessment, MA will ask its Suppliers to complete a Due Diligence Questionnaire, essentially in the form attached under Schedule 2 herein.
MA is committed to working with Suppliers to improve performance on topics addressed by this Code of Conduct and may at times request that Suppliers take specific corrective actions related to this Code and other relevant issues.
12.3 Managing Lack of Compliance
Failure to abide by the standards of this Code of Conduct may negatively affect a Supplier’s current relationship with the MA Group and may impact the decision on whether such a relationship will be continued in the future.
Persistent and repeated non-compliance, depending on the gravity of the circumstances, shall have consequences ranging from a warning to termination of existing contracts and removal of a supplier from consideration for future business opportunities, as well as any other legal or administrative actions that may be deemed appropriate.
13. Responsibilities
The board of directors has overall responsibility for ensuring this Code of Conduct complies with our legal obligations, and that all those under our control comply with it.
MA’s COO shall have the authority to approve any revisions.
The Legal & Compliance Department has primary and day-to-day responsibility for monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure they are effective.
Management at all levels, and particularly any persons involved in procurement and outsourcing for MA, are responsible for sending this Code of Conduct to Suppliers, based on a risk approach established by the board of directors.