1.0PURPOSE  

 

The purpose of this document is to state YKK (MALAYSIA) SDN. BHD. commitment in conducting its business with the highest standards of ethics and in full compliance with the law. These guidelines outline the basic responsibilities of each employee binding in the employment contract.  

 

2.0OUR BASIC RESPONSIBILITIES 

2.1Honest, fair and lawful conduct 

Honest, fair and lawful conduct means honesty and fairness in dealing with fellow YKK employees, assets, customers, suppliers, competitors, the government and the general public.  It also means understanding and complying with the law in the performance of our duties for YKK. 

 

2.2Reporting Violations 

Reporting conduct that we believe is inconsistent with these principles is essential for ensuring that we operate in full compliance with the law and the guidelines.  The earlier that a violation is detected and investigated, the greater the likelihood that any objectionable conduct can be addressed before YKK and its employees are placed in jeopardy. 

 

Any reporting which we make will be treated with confidentiality and the utmost discretion.  There will be no retribution or penalty for making a report. The report can be made via the whistle blowing system or to report verbally to your Superior or HR Manager whoever appropriate. 

 

2.3Our Obligations regarding your personal conduct 

 

2.3.1Conflicts of interest 

Our private life is very much our own.  Still, a conflict of interest may arise if we engage in any activities or advance any personal involvement at the expense of YKK interests.  It’s up to us to avoid situations in which our loyalty may become divided.  Each individual’s situation is different, and in evaluating our own, we will have to consider many factors.  The most common types of conflicts are addressed here to help us make uniformed decisions. 

 

2.3.1.1Assisting a competitor:   A possible conflict of interest is aiding an organization that markets products and services in competition with YKK current or potential products or service offerings.  We must not work for such an organization as an employee, a consultant, as a member of its board of directors, or in any other capacity.  Such activities should be avoided because they may divide our loyalty between YKK and that organization. 

 

2.3.1.2When someone close to us works in the industry  :  With the growth in two career families and the expansion of the industry, we may find ourselves in a situation where our spouse, another member of our immediate family, or someone else we are close to is a competitor, supplier or consultant to YKK or is employed by one. 

 

While everyone is entitled to choose and pursue a career, such situations call for extra sensitivity to security, confidentiality and conflicts of interest.  The closeness of the relationship might lead us to inadvertently compromise YKK interests. 

 

Several factors need to be considered in assessing such a situation i.e. the relationship between YKK and the other company, the nature of our responsibilities as an YKK employee and those of the person close to us, and the access each of you has to your respective employer’s confidential information. 

 

To remove any such doubt or suspicions, we should review our specific situation with our manager to assess the nature and extent of any concern and how it can be resolved. In some limited instances, a change in the job responsibilities of one of the people involved may be necessary. 

 

2.3.1.3Use of YKK time and assets:  We may not perform outside work or solicit such business on YKK premises or while working on YKK time, including time off we are given with pay to handle personal matters.  Also, we are not permitted to use YKK equipment, telephones, materials, resources or proprietary information for any outside work.  Any employment that you engage outside YKK should not adversely affect our ability to perform the responsibility of our position with YKK. 

 

2.3.1.4Personal financial interests:  We should not have a financial interest in any organization that YKK does business with if that interest may cause us to have a conflict of interest with YKK and such organizations, suppliers and customers. 

 

2.4Our Obligations in dealing with Company assets 

 

2.4.1Protecting company assets 

YKK security practices are intended to protect all the company’s assets - its people, proprietary information and equipment.  This includes confidential data entrusted to many employees in connection with their jobs, and intellectual property that is owned by YKK or licensed to YKK by others. 

 

For this reason, we are personally responsible not only for protecting YKK property entrusted to us, but also for helping to protect the company’s assets in general.   

 

2.4.2Direct requests for information 

If someone outside the company asks us questions, either directly or through another person, do not attempt to answer them unless we are certain that we are authorized to do so.  If we are not authorized, refer the person to the management. 

 

2.4.3Disclosure and use of confidential information 

Besides our obligation not to disclose any YKK confidential information to anyone outside the company, we are also required, as an employee to use such information only in connection with YKK business.  These obligations apply whether we developed the information ourselves or otherwise. 

 

2.4.4Post-employment Obligations 

If we leave YKK for any reason, including retirement, we still have obligations to protect the company business assets.  We may not disclose or misuse YKK confidential information.  In addition, the company’s ownership or intellectual property that we created while we were an employee continues after we leave the company. 

 

2.4.5Communication systems  

The increasing reliance placed on internal information and communications such as E-mail and voice mail in carrying out YKK business makes it absolutely essential to ensure their integrity.  Like other YKK communication assets such as telephones and fax machines, these facilities and the information they make available through a wide variety of data bases should be used only for conducting YKK business.  Their unauthorized use, whether or not for personal gain, is a misappropriation of YKK assets. 

 

2.4.6Recording and reporting business information 

Every employee records information of some kind and submits it to the company.  Some employees are directly responsible for recording financial data. Inaccurate or dishonest records or reporting of such information can have serious legal consequences. We should record and report all information accurately and honestly. 

 

Expense accounts are another important record.  Employees are entitled to reimbursement for expenses which management considers reasonable - but only if these expenses are actually incurred.  To submit an expense account for meals not eaten, miles not driven, airline tickets not used, or for any other expense not incurred, is dishonest reporting, is prohibited, and could result in dismissal as well as criminal prosecution. 

 

Dishonest reporting of information to organizations and people outside the company is also strictly prohibited.  It could lead to civil or even criminal liability for us and YKK.  This includes not only reporting information inaccurately but also organizing it in a way that is intended to mislead or misinform those who receive it.  Be careful not to make false or misleading statements in external reports, particularly in situations where we are reporting to government entities.  False statements made to the government and false claims for payment violate specific statutes and can result in criminal and civil penalties including imprisonment. 

 

2.5 Our Obligations in conducting YKK business 

 

2.5.1Avoid misrepresentation 

Never make misleading representations to anyone.  If we believe that the other person may have misunderstood us, promptly correct any misunderstanding.  If we are involved with advertising, the copy must be truthful and not designed to mislead.  Honesty based on clear communication is integral to ethical behavior.  The resulting trustworthiness is essential to sound, lasting relationships. 

 

2.5.2Treat everyone fairly 

Everyone we do business with is entitled to fair and even-handed treatment.  That should be true no matter what our relationship with an outside organization may be - whether we are buying on behalf of YKK or representing the company in any other capacity. 

 

We must treat all suppliers fairly.  In deciding among competing suppliers, weigh all the facts impartially.  We should do so whether we are in a procurement function, any other part of the business - and whether we are buying many items or just a few, contracting for a small repair job or procuring any other service. 

 

Whether or not we are able to influence decisions involving the evaluation or selection of suppliers, we must not exert or attempt to exert influence to obtain special treatment on behalf of a particular supplier.  Even to appear to do so can undermine the integrity of our established procedures.  It is essential that suppliers competing for YKK business have confidence in the integrity of our selection process.  That confidence can be jeopardized if former YKK employees competing as suppliers or suppliers’ representatives are perceived to have inside information or an unfair advantage because of their former YKK job responsibilities. 

 

2.5.3Avoid reciprocal dealing 

Seeking reciprocity is contrary to YKK policy and can violate laws.  In other words, we may not tell a prospective supplier that our decision to purchase its goods and services is conditioned on the supplier’s agreement to purchase YKK products or services.  To avoid charges of reciprocal dealing, do not tell a prospective customer that it must purchase products and services from YKK in order to be a supplier to YKK. This does not mean that the YKK customer should not be considered a supplier to YKK.  

  

2.6Our Obligations in dealing with other organizations with relationships to YKK 

 

2.6.1Multiple relationships with other organizations 

Frequently, other organizations have more than one relationship with YKK as follows: 

• A Company may be both a customer and a competitor to YKK.   
• Another organization may be a supplier and customer to YKK at the same time.   
• A few organizations may even be suppliers, competitors and end users of YKK products and services.   

 

YKK has relationships with many other types of organizations that continue to emerge in our industry.  They include leasing companies, software houses, distributors, dealers, banks and other financial institutions, and many others who compete with, buy from or sell to YKK.  In any dealings, it is important that you understand the various relationships involved. 

 

2.6.2Business contacts with competitors 

Because many companies have multiple relationships with YKK, it is particularly important to recognize when a company we are dealing with, as a supplier for example, is also a YKK competitor.  Such relationships require extra care.  It is possible that we, other YKK employees, and competitors will, from time to time, meet, talk, and attend the same industry or association meetings.  Usually these contacts are perfectly acceptable if established procedures are followed.  Acceptable contacts include sales to other companies in our industry, purchased from them, and attendance at business shows, standards organizations and trade associations.  But even these contacts require caution. 

 

In all contacts with competitors, we should not discuss pricing policy, costs, inventories, marketing and product plans, market surveys and studies, production plans and capabilities and of course, any other proprietary or confidential information. 

 

Collaboration or discussion of these subjects with competitors can be illegal.  If a competitor raises any of them, even lightly or with apparent innocence, we should object, stop the conversation immediately, and tell the competitor that under no circumstances can we discuss these matters.  If necessary, we should leave the meeting. In summary, disassociate us and YKK from participation in any possibly illegal activity with competitors, confine your communication to what is clearly legal and proper.  Finally, immediately report any incident associated with a prohibited subject to your management. 

 

2.6.3Information about other organizations 

In the normal course of business, it is not unusual to acquire information about many other organizations, including competitors.  Doing so is a normal business activity and is not unethical.  In fact, YKK quite properly gathers this kind of information for such purposes as extending credit and evaluating suppliers. 

 

Flagrant practices such as industrial espionage, burglary, wiretapping and stealing are obviously wrong.  But so is hiring someone’s employees solely to get confidential information.  Improper solicitation of confidential data from a company is wrong.  YKK will not tolerate any form of questionable intelligence gathering. 

 

2.6.4Using information about other organizations 

Information about other companies should be treated with sensitivity and discretion.  Such information is often about individuals.  Other companies are rightly concerned about their reputations and the privacy of their people.  Adverse information with no business use should not be solicited, acquired or maintained. 

 

When using sensitive information about other companies, we should use it in the proper context and make it available only to other YKK employees with a legitimate need to know.  In presenting such information, we should disclose the identity of the organization or individuals only if it is necessary.  If disclosure is not necessary, we should present the information in the aggregate or by some other means. 

 

2.6.5Gifts and entertainment 

We must not offer or make any illegal or improper payments of money, or offer or give services, property or anything else of value, in order to influence governmental action or decisions or gain preferential government treatment. 

 

No bribes, kickbacks or other personal payments of any kind, whether of money, services, property or anything else of value, may be offered or given directly to any domestic or foreign public official or any employee, agent or representative of any domestic or foreign governmental agency or body. 

 

We must not make any illegal or improper payments of money, services, property or anything else of value in order to gain a competitive advantage, influence a contract award, obtain or retain business or business concessions, or gain other preferential treatment by third parties. 

 

Properly authorized business expenses which are otherwise lawful and in accordance with well-established industry practice - such as reasonable business travel and entertainment, non-cash gifts of nominal value provided openly and in accordance with established business practices, and product demonstrations or visits to YKK operations - are permitted. 

 

Payment of openly provided ordinary sales commissions or incentives under written agreements are permitted. 

 

If we are offered money or an inappropriate gift, or if either arrives at our home or office, tell our manager immediately.  Appropriate arrangements will be made to return or dispose of what has been received, and the supplier will be reminded of YKK gift policy. It is imperative that all gifts received (even if the gifts are returned to the sender) are made known to HR Manager for recording purpose. 

 

2.7Our Obligations in dealing with fellow employees 

 

2.7.1A productive working environment 

 

YKK strives to provide all employees with a healthy, safe and productive work environment.  This environment extends beyond physical conditions.  The work climate must also be free from discrimination and harassment based on race, color, religion, sex, age, national origin, disability, veteran status, sexual orientation, or any unlawful reason.  YKK will not tolerate unwelcome sexual advances, actions, comments, or any other conduct in the workplace that creates, in the judgement of management, an intimidating or otherwise offensive environment, including promises of job enhancement in exchange for sexual favors.  Similarly, the use of vulgar language, jokes, derogatory statements or innuendoes directed towards an individual or group based on race, color, religion, sex, age, national origin, disability, veteran status or affiliation with a person in such a category or any other unlawful reason are unacceptable.  Photographs, pictures or printed material which others might find offensive or degrading or any other remarks or conduct that encourages or permits an offensive work environment are also unacceptable in the workplace, even if other employees do not seem to object. 

 

If we believe we have been the victim of harassment in the workplace, we should report the conduct to management.  We may, as we believe appropriate under the circumstances, reports incidents of harassment directly to our manager or the Human Resources Department.  All complaints of such conduct will be investigated promptly and dealt with appropriately.  YKK will not tolerate threats or acts of retaliation or retribution against employees for using these channels.  Employees, who are found to have engaged in harassment or discrimination, or to have misused their positions of authority in this regard, are subject to disciplinary action, including discharge. 

 

Some other activities are prohibited because they are clearly not conducive to a good work environment.  Violent behavior, or the threat of violent behavior, will not be tolerated.  The use, manufacture, dispensing, distribution, sale or possession of illegal drugs and other controlled substances, except for approved medical purposes, is prohibited on YKK premises. Employees who engage in any of these prohibited activities are subject to disciplinary action, including dismissal.  Employees who are using prescribed medications that may affect their ability to work safely should inform management. 

 

2.7.2Respect for privacy of all employees 

Access to personal information about employees is restricted internally to people with a business need to know.  Personal information is released outside YKK only with employee’s approval, except to verify employment or satisfy legitimate business objectives in the course of conducting YKK affairs and authorized investigatory or legal requirements.  Employees who are responsible for maintaining personal information and those who are provided access to such information must ensure that the information is not disclosed inappropriately or misused.   

 

In relation to handling of personal information or data, the following PDPA Act 2010 compliant clauses need to be made aware that with regards to an employee’s personnel file, the following information will be regarded as personal data which will be maintained within the company relevant human resource department.  This information includes but not limited to the following: 

 

• The employee’s general personal information such as name, age, sex, address, telephone number, past employment history, educational history etc.  This file will be kept under lock and key by the human resource department and will only be given access to the relevant staff within human resource who may require such access for purposes of administering the company’s human resource needs such as payroll processing, manpower planning etc.

 

• The employee’s direct supervisor as well as any other relevant heads of department will also be given access to such records.  Access to an employee’s personnel file from anyone outside of human resource will be recorded where an access log detailing the date, time and persons viewing such information will be captured. The following information is regarded as ‘sensitive’ personal data’ (called a confidential personnel file): 

• The employee’s medical history

 

• The employee’s disciplinary history

 

• The employee’s performance appraisal scores

 

• History of any confidentiality related issues such as grievances raised or whistle blowing, and 

 

• The employee’s financial status (where applicable).

 

• This separate file will be held under the sole custody of the company human resource manager.  Access to such sensitive personal data will only be granted on a need to know basis to the head of department of the employee.

 

In addition, all employees should be aware that personal computers, desks, fax machines, telephones and other facilities provided by YKK are business assets and their use is always subject to YKK inspection and audit.  In addition, employees have personal responsibilities over Company’s assets assigned or entrusted to them in their course of work.  Employees are expected to exercise personal care over usage of these assets and will be held liable for any cost of damages arising from misuse or carelessness. 

 

Right to access and correct personal data 

 

Subject to the exceptions provided under Malaysian law, we may request for access to, correction, update or limit the processing thereof at any time hereafter or we pay utilize the procedure as mentioned in the Policy of Change in Personal Information.