At Del Monte Foods, Inc. (“DMFI”), we are passionate about bringing high-quality, healthy, and nutritious foods to people in a way that protects the environment; builds strong ties to our communities; and enables our company, consumers, customers and employees to grow and flourish. As a leader in quality, service, and in ethical and honest business practices, we look to entities that provide goods or services to DMFI (“Suppliers”) to practice and uphold ethical business standards as well.
The following standards shall apply to all Suppliers.
Supplier Code of Conduct
COMPLIANCE WITH THE LAWS
Suppliers shall operate in full compliance with all applicable laws, rules, regulations, treaties, industry standards, and lawful collective bargaining agreements including, but not limited to, those relating to terms of employment, worker health and safety, the environment, and international standards referenced in this Supplier Code of Conduct. Should there be a conflict between the standards of the Supplier Code of Conduct and applicable laws, Suppliers shall inform DMFI in writing about such instances, and implement the highest applicable standard.
HUMAN AND WORKPLACE RIGHTS
Suppliers shall treat all workers with dignity and respect. Suppliers shall recognize the right to a workplace free of harassment and shall not engage in or permit corporal punishment or any other form of physical, psychological, or verbal coercion or abuse including threats of violence or sexual harassment. Disciplinary procedures should be communicated to workers in a clear and understandable manner and any disciplinary action shall be recorded in writing. Suppliers shall not subject workers to financial penalties or deductions for disciplinary purposes.
In accordance with International Labour Organization (“ILO”) Convention No.138 on Minimum Age, suppliers shall not employ individuals under the age of 15 even where the local law permits, or under the applicable legal minimum age, whichever is higher. Workers shall be allowed to complete compulsory education in accordance with applicable laws. Suppliers shall not subject workers under the age of 18 to hazardous work, night work and overtime work, in compliance with ILO Convention No.182 on the Worst Forms of Child Labor.
Apprenticeship and trainee schemes shall not be used to avoid the provision of regular employment or the payment of legally-mandated wages and benefits.
Should child labor be used, Suppliers shall remediate the situation by implementing an effective solution that takes the interests of the child into account.
All labor shall be voluntary in accordance with ILO Convention No.29 on Forced Labor. Suppliers are forbidden from using forced, bonded, prison, or indentured labor of any kind. Suppliers shall not engage in human trafficking, slavery, or debt bondage as defined in the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000) and the UN Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery (1956).
Overtime must be conducted on a voluntary basis.
Any restrictions on workers’ freedom of movement, such as (1) the retention of personal identity documents, (2) the restriction of movement within or outside facility premises, and (3) failure to allow worker accommodation (if applicable), shall be prohibited unless imposed by applicable laws.
Suppliers shall implement hiring practices that accurately verify the worker’s legal right to work in the country; the worker’s age prior to employment; and that workers, including but not limited to direct, temporary, part-time, contracted and foreign labor, were not subject to illegal hiring practices such as human trafficking. Suppliers shall only engage with reputable, government-registered recruitment agencies (if applicable) and shall conduct due diligence to prevent the recruitment of victims of human trafficking or other forms of exploitation by third parties. In accordance with ILO Convention 181 on Private Employment Agencies, workers shall not be required to pay any fees or deposits for recruitment or hiring purposes.
All terms and conditions of employment including, but not limited to, hiring, pay, promotion, and termination shall be based on an individual’s ability and willingness to do the job. In accordance with ILO Conventions No.100 on Equal Remuneration, No.111 on Discrimination (Employment and Occupation), and other applicable standards, Suppliers shall not discriminate in hiring and employment practices based on race, color, gender, nationality, national identity, religion, age, sexual orientation, gender identity, social or ethnic origin, disability, veteran status, maternity, marital status, political affiliation, union membership, or any unlawful basis. Suppliers shall also take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.
Suppliers shall not subject workers to illegal medical testing or pregnancy testing as a condition for recruitment or employment.
Suppliers shall adhere to all applicable laws governing working hours, rest periods, holidays and leave. Should legal standards set less stringent requirements, Suppliers will strive to implement a maximum 60 hour-work week (including overtime) and provide workers with at least one rest day in every seven-day work period.
Compensation and Benefits
Suppliers shall compensate workers with wages, overtime premiums, and benefits in accordance with all applicable laws, including local industry standards, or collective bargaining agreements, and are encouraged to provide wages and benefits that are sufficient to meet workers’ basic needs and provide some discretionary income for workers and their families. Suppliers shall provide workers with pay statements explaining all earnings and legally-mandated deductions.
Freedom of Association and the Right to Collective Bargaining
Suppliers shall respect the right of workers to choose to associate, organize, or bargain collectively in compliance with applicable laws. Suppliers shall not threaten, restrict or interfere with workers’ lawful efforts to join associations of their choosing or to bargain collectively.
Where local regulations restrict employees’ rights to associate freely, Suppliers should encourage parallel means for workers’ representation (e.g., a workers’ committee).
Health and Safety
Suppliers shall provide workers with a safe and healthy work environment. Suppliers shall take proactive measures to reduce work-related injury and illness and promote the general health of employees which, at a minimum, includes the provision of potable water, adequate sanitary facilities, personal protective equipment, and first-aid; and the implementation of fire safety, machine and electrical safety, and emergency evacuation measures.
Suppliers shall establish an effective health and safety management system including, at a minimum, appropriate health and safety personnel, an emergency action plan and accident prevention measures, employee safety training and adequate communication channels between workers and management (e.g., a health and safety committee).
Suppliers shall act in an environmentally responsible manner and implement effective environmental management systems to monitor, abate and/or reduce air emissions, energy and water use, waste water, toxic substances and hazardous waste disposal.
Suppliers shall conduct an environmental impact assessment and obtain appropriate permits for land use. Suppliers shall also have an emergency response plan to address potential environmental incidents.
Suppliers shall appoint personnel responsible for communicating and implementing the standards set forth in this Supplier Code of Conduct.
An effective and confidential grievance mechanism should be established to enable workers to report concerns to management and/or worker representatives without retaliation.
Suppliers must respect and be in full compliance with all relevant foreign and domestic anticorruption laws and regulations including the Foreign Corrupt Practices Act (FCPA). Suppliers have not, and will not, offer, pay, promise or authorize any bribe, kickback, payments of money or anything of value, directly or indirectly, to a foreign or domestic government official or employee, political parties, candidates for political office or individuals in the private sector to obtain business or to secure any contract, concession or other improper advantage for DMFI.
Suppliers shall conduct business in an ethical and transparent manner and shall not engage in business activities that create conflict of interest.
Documentation and Inspection
Suppliers shall maintain necessary documentation to demonstrate compliance with this Supplier Code of Conduct and all applicable laws and make these documents available to DMFI upon request. Suppliers agree to submit to onsite inspections with or without prior notice.
As a condition of doing business with DMFI, Suppliers shall comply with this Supplier Code of Conduct. If DMFI determines that any Supplier has violated this Supplier Code of Conduct, DMFI may at its discretion either terminate its business relationship and/or require the Supplier to implement a corrective action plan within a time frame agreed upon between the Supplier and DMFI.
Subcontracting and Homeworking
Suppliers shall disclose existing subcontractors and obtain written consent from DMFI prior to engaging in subcontracting activities related to provision of goods or services to DMFI. Suppliers shall require subcontractors/sub-suppliers involved in the provision of goods or services to DMFI to comply with this Supplier Code of Conduct.
Suppliers shall not employ homeworkers unless expressly authorized by DMFI. Any employment of homeworkers shall be executed in compliance with this Supplier Code of Conduct.
Suppliers shall maintain clear and accurate financial records of their business transactions with DMFI.