Anti-Corruption

Anti-Corruption Policy

The Company is committed to pursuing its business operations with an emphasis on transparency with ethics and responsibility to shareholders, customers, employees, society and other stakeholders. The Directors, the management, and all levels of employees are prohibited from operating or accepting, soliciting, demanding, or accepting assets or other benefits to other persons in business dealing with the Company, whether directly or indirectly, as a motive for them to do or refrain from doing any act to acquire or keep benefits that are unsuitable to the business, except as allowed by the laws, rules, regulations, local customs or tradition, or business customs, in order to create the balanced consideration of all related parties and fair treatment to all parties concerned. The Company has conducted Anti-Corruption awareness as guideline policies for the management and employees of the Group to perform in compliance with the principles of good corporate governance, Code of Conduct and/or related to the terms and regulations or any legal issues to create sustainable value and long-term growth of the business.

Objective

All levels of employees must not induce to act or refrain from actions that may lead to malfeasance and corruption, by not being involved in corruption, whether directly or indirectly.
To support all levels of employees’ roles and responsibilities to take part in the activities of an Anti-Corruption Policy Corruption, not to solicit, demand, or accept assets or other benefits from other persons in business dealings with the Company,
To conduct its business with fairness and enhance the confidence to its stakeholders.

Scope of Anti-Corruption Policy

Stakeholders of the Company who are involved in Anti-Corruption Policy corruption are classified into two major groups as follows:

Internal : Director, Management Team, and all level of staffs/employees
External: Customer or suppliers, contractor’s sub-contractors, business partners, creditors, governmental authorities and private officers.

Anti-Corruption Definition

Corruption means any types of bribery: an offering, agreement to give, giving, promising to give, soliciting, or receiving of money, assets, or other inappropriate benefits from government officers, government sectors, the private sector, or responsible person either in direct or indirect action so that such person could proceed or disregard his/her function in order to acquire, retain the business, recommend a specific company to the entity, or achieve any improper benefits in the business transaction. Exceptions shall be applied in case of laws, regulations, statements, standards, customs, or business traditions.

Roles and Responsibilities

The Board of Directors is responsible for determining the policy, and monitoring, and forming an effective system supporting anti-corruption acts in order to affirm that the management team intensively is concerned with, emphasizes, and cultivates an anti-corruption mindset as part of the Company’s culture.
The President and the management are responsible for determining an anti-corruption system, and for promoting, and encouraging anti-corruption manners conveyed to all staff and related parties. This also includes reconsideration of systems or regulations in order to best adjust with business changes, regulations, standards, and laws.
The Audit Committee is responsible for the revision of financial and accounting reports, internal controls, internal audit functions, and risk management so that such operations are concise, appropriate, effective, and conform to global standards.
The Internal Audit Director is responsible for auditing, assessment, and evaluations in business transactions, whether they are accurate and comply with guidelines, approval authority, standards, laws, and policies in such monitored departments in order to ensure that the internal controls are sufficient and suitable for probable risk in corruption. This shall be directly reported to the Audit Committee.

Anti-Corruption Guidelines

Staff shall not be negligent in any corruption conditions involved directly with the Company. All staff must notify such acts to supervisors or responsible persons provided in particular channels, including collaborate with the fact-finding investigations.
A person who is involved in corruption is considered to have committed a disciplinary offense. This means such person needs to be considered for disciplinary action according to the Company’s standards. Legal conviction may be applied in case such acts violate the laws.
The Company shall provide fairness and safeguard staff who inform management of corruption cases relating to anti-corruption information.
The Company is concerned about the importance of dissemination, knowledge sharing, and constant communication with employees.
The Internal Audit Department of the Company will be responsible for reviewing and evaluating internal control systems, disclosure of Company information, and to review implementation of the provisions and risk management systems that can mitigate risks against corruption and report directly to the Audit Committee.

Provision in Implementation

Implementation of Anti-Corruption Policy (to interact properly with business partners and the related parties who have conflicts of interest)

All levels of employees will be responsible for the anti-corruption policy in connection with customers, suppliers and all parties concerned. (Hereafter called “related parties who have conflicts of interest” who have a direct impact on business operations)

The employees must comply with the anti-corruption policy and measures, the Company’s corporate governance principles, and the code of business conduct and hospitality activities from other persons in business dealings with the Company.
The employees must not accept gifts, entertainment and hospitality offerings, gifts or entertainment and hospitality activities from other persons in business dealings with the Company, whether directly or indirectly.
Employees must not be corrupt or accept corruption in any form in any circumstance, covering the business without otherwise getting prior approval from their direct supervisors. Any acceptance thereof as above from other persons must comply with the Anti-Corruption policy and measures, the Company’s corporate governance principles, and code of business conduct and must not have any impact in the business decisions of said employee.
Employees must not perform any act to acquire or keep benefits from their positions in the Company or to accept gifts, entertainment and hospitality offerings, gifts or entertainment and hospitality activities from other persons in business dealings with the Company.
Whenever the employees advise the personnel of the Company, those actions must not go against the benefits and/or recruitment of the Company or refrain from doing any act to acquire or keep benefits that are against related laws and regulations.
There are to be no close relationships between supervisors and those under their supervision within the same departments such as: married couples, parents or offspring that may impose conflicts of interest.
Business relations and procurement processes with the public sector or all types of bribery or illegal payments are prohibited in all business transactions, operations, and connections to the government.
Corrupt persons who violate or fail to comply with the anti-corruption measures must face punishment under the Company’s rules and may also face prosecution if the action violates the law.
Employees must be granted approval from their supervisors before offering all types of gifts (such as the Company’s products) or entertainment and hospitality activities to other persons or to a business and need to be in compliance with the anti-corruption policy and measures, the Company’s corporate governance principles, and code of business conduct. In case of emergency that in any circumstances, employees have not been granted approval from their supervisors in advance, such employees are deemed to get an approval from their supervisors whatsoever after offering all types of gifts (such as the Company’s products) or all forms in any circumstances, to other persons covering the business.
The employees must not acquire or take benefits from their positions in the Company to engage in inappropriate relationships, sexual harassment, and other verbal or physical harassment of a sexual nature, any kinds of treatment or consideration of, or making a distinction in favor of or against (such discrimination based on race, sex, disabilities or religious). This also includes burglary, threats, force or any other kind of the action that violates the law.
Employees should ask or use request forms to get opinions from their supervisors or responsible persons when the employees face or doubt any act that is considered corruption in order to avoid any argument.

File complaints or reports of fraud

Complaints or recommendations

1.1 A complaint if encountering any acts that are considered corruption, direct or indirect;

1.2 Any act that is considered corruption and/or have a direct effect on the internal control of the Company cooperate in the fact-finding investigation stipulated by the Company’s regulations;

1.3 Any act that has a direct impact on the Company’s reputation and benefits;

Any misconduct that is against the law, morals and/or business ethics.

Suitable report channel to file a complaint

When they face or have doubts about any act that might be considered corruption, employees have a responsibility to notify supervisors or responsible persons through suitable reporting channels.

Channels of Communication between the Company and its Employees (Internal complaint)
1. Head of the Internal Control Department/ Head of the Human Resources Department or Head of Legal Department.
2. Mail Box
3. E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
Channels of Communication between the Company and outsiders (External complaints)
Letters : Mrs. Orapin Leophairatana

Vice Chairman

TPI Polene Power Public Company Limited

26/56 Chan Tat Mai Road, Thungmahamek,

Sathorn, Bangkok 10120

E-Mail : This email address is being protected from spambots. You need JavaScript enabled to view it.
Letters : The Audit Committee

TPI Polene Power Public Company Limited

26/56 Chan Tat Mai Road, Thungmahamek,

Sathorn, Bangkok 10120

Tel. no. 02-285-5090 or 02-212-1039 Internal Audit Department

Identities and confidentiality protected

Identities protected

As the whistleblower or the person filing the grievance in good faith is greatly beneficial to the Company and all employees, therefore, the whistleblower or the person subject to such grievance and parties involving in the fact-finding and reporting process, no matter what difficulties they might have, the Company will ensure that no employees shall be demoted, penalized or be otherwise affected because they honestly decline to participate in corruption.

The Company has the policy to investigate such reports with equal transparency, care and fairness and subject them to a proper investigation. Information will be kept confidential and only be revealed when necessary while we will take into consideration the safety and damage to the whistleblower or the person filing the grievance, which will be carried out in a confidential manner to ensure staff who make the reports will have their identities protected.

Names and Confidentiality Protected

The whistleblower or the person filing the grievance (various groups of stakeholders or employee) may choose not to reveal his/her name, address or contact number unless he/she feels that such a disclosure will enable the Company to inform him/her of progress. Information will be kept confidential and only be revealed when necessary while we will take into consideration the safety of the whistleblower or the person filing the grievance. The Company will hear all such reports with equity, transparency, care, and fairness and subject them to a proper investigation, which will be carried out in a confidential manner to ensure the staff who makes the reports will have their identities protected with fair treatment.

Fact-finding process and Penalties

Having received the grievance, the management representatives, whose members consist of the Compliance Unit and the Audit Committee, will be responsible to conduct an investigation.
Under the fact-finding process, the management representatives and the Audit Committee might assign management representatives to keep them informed of the progress of further investigation.
In case the tip or the grievance is found to contain materiality, the person committing corruption or violating or failing to comply with the anti-corruption measures will be notified. The Company will grant opportunities for the person committing corruption or proved to be guilty to acknowledge the reasons and reserve the right for them to defend themselves by providing additional information or evidence that they aren’t involved in any corruption or are guilty of violating or failing to comply with the anti-corruption measures as accused.
In case the person who committed corruption or violated or failed to comply with the anti-corruption measures, is proven to be guilty, the Company will take actions in accordance with the established procedures to investigate and levy disciplinary punishment on employees at fault, relating to corruption matters.Such a person will be considered for discipline according to the Company’s standards. Legal conviction may be applied in case such an act violates the law. The management’s decision is considered the final judgment for punishment on employees at fault, relating to corruption matters.

Disclosure of the Anti-Corruption Policy

The Company announces the written publication of the anti-corruption policy and measurements as a principal guideline for employees to follow.
The Company discloses the written publication of the anti-corruption policy and measures through the Company’s channels, such as letters, the Company’s website and annual report., etc.
The anti-corruption policy needs to be reviewed regularly, including with a possible revision of such policy and implementation provision in order to accord with business changes, regulations, standards, and laws.