Supplier Code of Conduct
Supplier Code of Conduct
Supplier Code of Conduct
Motorola Solutions’ Supplier Code of Conduct describes corporate responsibility requirements for our suppliers. This code is based on our long-standing key beliefs of uncompromising integrity and constant respect for people. These requirements are consistent with the core tenets of the International Labour Organization's fundamental conventions and the United Nations Universal Declaration of Human Rights and informed by other internationally recognized standards including those of the Electronics Industry Citizenship Coalition (EICC) of which we are a member. Motorola Solutions (Motorola) continually seeks opportunities for improving its human rights program and expects the same of our suppliers. We are committed to maintaining a high-quality program through self assessments, industry collaboration, bench-marking and stakeholder engagement.
It is Motorola Solutions’ policy to conduct business in compliance with the law and widely accepted norms of fairness and human decency (see “Motorola Solutions code of business conduct”), and we require our suppliers to act similarly. We also expect our suppliers to adhere to our human rights policy. As a condition of doing business with Motorola Solutions, we expect suppliers to conform to these requirements and expect their sources in the supply chain to do so as well. We assess conformance to these requirements through mandatory self assessment questionnaires and periodic on-site audits and consider a supplier's progress in meeting these requirements and their ongoing performance in making sourcing decisions.
Suppliers are expected to correct non-conformance issues identified during assessments. We want to work with our suppliers to improve conditions, because the situation for workers can deteriorate if we simply terminate contracts. If a supplier refuses or is unable to correct the non-conformance to our satisfaction, we will terminate the relationship as a last resort.
If Supplier has any ethics concern relating to business conducted by Motorola, Supplier may contact Motorola at : www.motorolasolutions.com/about/jsp or send an e-mail to Motorola’s Ethics Line at email@example.com.
Our requirements for supplier business conduct are:
I. Ethics and Conflicts of Interest
Supplier at all times will conduct itself, directly through its employees and officers, and indirectly through third parties, in the performance of this Agreement honestly and fairly, using the highest ethical standards, and treat its employees, agents, contractors and customers with dignity
Suppliers will maintain compliance programs, be able to demonstrate a satisfactory record of compliance with the law in their business conduct, and correct any non-compliance with this section as promptly as can reasonably be accomplished. Upon Motorola’s request, Supplier will provide a copy of its compliance policies, procedures, and documents to Motorola and/or complete a Supplier Self-Assessment from Motorola’s designated industry recognized third party Corporate Social Responsibility (CSR) program.
Suppliers will conduct their businesses without engaging in corrupt practices, including public or private bribery or kickbacks. Suppliers will maintain integrity, transparency and accuracy in corporate record keeping. Supplier will comply fully with all applicable laws including, but not limited to, the U.S. Foreign Corrupt Practices Act ("FCPA"), the UK Bribery Act, and local anti-corruption laws.
IV. No unfair business practices
Suppliers will act with integrity and lawfully in the proper handling of competitive data, proprietary information and other intellectual property, and comply with legal requirements regarding fair competition, antitrust, and accurate and truthful marketing.
V. Anti-discrimination and Retaliation
Suppliers will employ workers on the basis of their ability to do the job and prohibit discrimination based on workers’ personal characteristics, conditions or beliefs. Retaliation against anyone who in good faith reports a concern to the supplier or to Motorola Solutions about actual or suspected violations of this code will not be tolerated.
VI. Conflict Minerals
Suppliers will ensure that the materials (tin, tantalum, tungsten and gold) used in components and products supplied are conflict-free. Suppliers must assure the procurement of these metals does not directly or indirectly finance or benefit illegal armed groups through mining or mineral trading. Suppliers are to establish policies, due diligence frameworks, and management systems, consistent with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. To enable us to evaluate supplier components and products for conflict-free status, if requested, suppliers must provide disclosures as outlined in the industry developed Conflict Minerals Reporting Template.
VII. No harsh or inhumane treatment
Suppliers will prohibit the abuse and harassment of employees, as well as the threat of either.
VIII. Freely chosen employment
Suppliers will not use forced, slave, prison or indentured labor, including debt bondage. Suppliers will ensure that terms of employment for supplier employees or contract or migrant workers are voluntary. For recruitment of supplier employees, contract or migrant workers, the supplier will pay agency recruitment fees and will ensure there are no unreasonable employment, relocation or end-of-service expenses. Supplier will provide return transportation to the worker’s country of origin or pay for the cost of return transportation to the country of origin upon the end of employment as well as protect and interview all workers suspected of being victims or witnesses to prohibited trafficking activities, prior to returning to their country of origin. If housing is arranged, housing must meet host country housing and safety standards. Suppliers will not require any supplier employee or contract or migrant worker to remain in employment for any period of time against his or her will, or engage in practices that restrict the worker’s ability to terminate employment. Supplier employees and contract and migrant workers will not be required to lodge "deposits" or hand over government-issued identification, passports or work permits as a condition of employment, unless required by law. In no event will supplier confiscate, conceal, or in any way deny employee access to government-issued identification, passports or work permits. Suppliers will not use deceptive, misleading or fraudulent practices during recruitment of employees or contract or migrant workers. As part of the hiring process, supplier will provide written employment agreements in native language that contain a description of terms and conditions of employment prior to the worker departing from his or her country of origin. Supplier must document compliance with the requirements of this section, provide a certified compliance plan to the contracting officer and post the relevant contents of the compliance plan at the time of initiation of contract performance and annually thereafter for the term of the contract, at the workplace and on the supplier’s website. Suppliers are required to include the following elements in the compliance plan: 1) an awareness program to inform supplier employees about a) a zero-tolerance policy with regard to trafficking in persons, b) trafficking-related activities in which the supplier is prohibited from engaging, c) actions that will be taken for violations; 2) a reporting process for workers to use, without fear of retaliation, to report any activity inconsistent with the zero-tolerance policy; 3) a recruitment and wage plan that only permits recruitment companies with trained employees, prohibits charging recruitment fees to the worker, and ensures that wages meet applicable host country requirements or explains any variance; 4) if supplier arranges housing, a housing plan that ensures that supplier-provided housing meets host country housing and safety legal requirements or explains any variance; 5) procedures to prevent agents and subcontractors at any tier from engaging in trafficking in persons and to monitor, detect and terminate any agents, subcontractors, or subcontractor employees that have engaged in such activities.
IX. No child labor
Suppliers will ensure that their hiring practices are in conformance with International Labor Organization (ILO) Conventions for minimum age (Convention 138) and child labor (Convention 182). Suppliers are encouraged to develop lawful workplace apprenticeship programs for the educational benefit of their workers, provided that all participants meet the minimum age requirements. Workers under the age of 18 should not perform work that is likely to jeopardize their health or safety, including night shifts and overtime.
X. Freedom of association and collective bargaining
Suppliers will recognize the right of workers to join or to refrain from joining associations of their own choosing and the right to collective bargaining, unless otherwise prohibited by law. In all cases, worker rights to open communication, direct engagement, and humane and equitable treatment must be respected. Suppliers acknowledge that workers and their representatives will be able to communicate openly to share ideas and concerns with management relative to management practices and working conditions without fear of reprisal, discrimination, harassment or intimidation.
XI. Fair working hours
While it is understood that overtime is often required, suppliers will manage operations in compliance with the law and ensure that overtime does not exceed levels that create inhumane working conditions. Suppliers will not require, on a regularly scheduled basis, work in excess of 60 hours per week or in excess of six consecutive days without a rest day.
XII. Wages and benefits
Wages and benefits paid will meet, at a minimum, applicable legal requirements or where no wage law exists, the local industry standard. Supplier will pay for overtime at a rate that at least meets the local legal requirement. In any event, wages and benefits should be enough to meet basic needs. For each pay period, the supplier will provide workers with an understandable wage statement that includes sufficient information to verify accurate compensation for work performed. Suppliers will not permit deductions from wages as a disciplinary measure.
XIII. Safe, healthy and respectful working conditions
Suppliers will operate a safe, healthy and respectful work environment. Suppliers that provide housing or eating facilities will operate and maintain them in a safe, sanitary and dignified manner.
XIV. Environmental Sustainability
Environmental Management System: Suppliers of goods will have an Environmental Management System (EMS) in accordance with ISO 14001 or equivalent. The EMS must be implemented and functioning. Third-party registration is strongly recommended, but not required.
Environmentally Preferred Products: Motorola Solutions values environmentally preferred products. We work with and encourage our suppliers to create products that are energy efficient, highly recyclable and contain significant amounts of recycled materials and low amounts of hazardous materials. To enable us to evaluate supplier components and products for environmental performance, suppliers must provide material disclosures as outlined in our controlled and reportable materials disclosure process, available at the following URL http://www.motorolasolutions.com/en_us/about/company-overview/corporate-responsibility/resources/materials-disclosure-process.html
Ozone-Depleting Substances: It is Motorola Solutions’ policy to eliminate from our products any components — including components provided by our suppliers — that contain or that are manufactured with a process that uses any Class I ozone-depleting substance. As outlined in the Internal Revenue Service's Publication 510, the U.S. government imposes an environmental tax on the sale or use of ozone-depleting chemicals and imported products containing or manufactured with these chemicals. Suppliers need to provide certification that products imported into the U.S. do not contain or are not manufactured with a process that uses any Class I ozone-depleting chemicals and imported products containing or manufactured with these chemicals. Supplier will provide certification (certification form accessible at the following URL: http://responsibility.motorolasolutions.com/index.php/downloads/dow005-ozonedepletingsubstances/) that products imported into the U.S. do not contain or are not manufactured with a process that uses any Class I ozone-depleting chemicals.
XV. Management system
Suppliers will adopt or establish a management system that supports the content of this code. The management system will be designed to ensure (a) compliance with applicable laws, regulations and customer requirements related to supplier's operations and products; (b) conformance with this code; and (c) identification and mitigation of operational risks related to the areas covered by this code. The management system should also drive continual improvement.
XVI. Reporting and Transparency
Suppliers will offer their workforces, as well as their customers and their sources in the supply chain, the ability to report, on a confidential basis, potential violations of this code and other policies through a number of resources such as the Motorola Solutions’ global EthicsLine. Motorola Solutions investigates such reports and provides timely remedial or corrective action when appropriate. On an annual basis, Motorola Solutions provides aggregate data related to EthicsLine intakes in the Motorola Solutions Corporate Responsibility Report.
XVII. Safety Data Sheets
Supplier will: (i) electronically provide safety data sheets in accordance to the Globally Harmonized System of classification and labeling of chemicals, or equivalent documentation for all applicable articles supplied to or for Motorola; (ii) for all chemicals supplied or imported into the United States, certify that the chemicals are listed on the Toxic Substances Control Act, 15 USCS §2601, et. seq., chemical inventory, or are subject to an exemption specified in the safety data sheets; (iv) for Products imported into the United States, provide Motorola with a completed and signed ODS Certification Questionnaire, available at: http://responsibility.motorolasolutions.com/index.php/downloads/dow005-ozonedepletingsubstances/, which may be updated from time to time; and (v) (for Products used as parts or components for Motorola products, including the packaging used with such products) any materials that accompany such products, comply with all provisions of Motorola’s Controlled and Reportable Materials Disclosure Process available at: http://responsibility.motorolasolutions.com/index.php/downloads/dow02-downloads-materialdisclose/, which may be updated from time to time. Supplier further certifies that all substances, preparations and articles provided to or for Motorola are in compliance with all applicable EU REACH Directive Requirements (1907/2006 and 1272/2008).
XVII. Utilization of Small Business Concerns
If applicable, Supplier will comply with the provisions of U.S. Federal Acquisition Regulation (FAR) 52.219-8 pertaining to Utilization of Small Business Concerns, as well as any other state and local, small and other business utilization laws.
XIX. Equal Opportunity
If applicable, Supplier will comply with the provisions of FAR 52.222-21, 52.222-26, 52.222-35, 52.222-36, and 52.222-50 pertaining to Segregated Facilities, Equal Opportunity, Equal Opportunity for Veterans, Affirmative Action for Workers with Disabilities, and Human Trafficking. If applicable, Supplier will maintain, at each establishment, affirmative action programs required by the rules of the U.S. Secretary of Labor (41 CFR 60-1 and 60-2).
Contractor and subcontractor will abide by the requirements of 41 CFR §§60-1.4(a), 60-300(a) and 60-741.5(a). These requirements prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Motorola Solutions is an Equal Opportunity and Affirmative Action employer. Supplier will provide all services and products, as applicable, in compliance with Motorola’s EO/AA Policy statement, which is available at http://careers.motorolasolutions.com/moto.cfm?page=usa_eeo and which will be mailed or faxed to Supplier upon written request.
XX. Imports and Customs
Supplier will comply with all import and customs laws, regulations and administrative determinations of the importing country. Supplier will comply with the security criteria of the importing country’s government security program. If Supplier is providing Products to be delivered to, or Services to support delivery to, the U.S., Supplier will comply with the security criteria of the U.S. Customs and Border Protection’s Customs-Trade Partnership against Terrorism (C-TPAT) Program (available on www.cbp.gov).
XXI. Export Restriction
If Supplier is the exporter of record for any shipments, Supplier will obtain all export authorizations from the U.S. government or other governments that may be required to lawfully make such shipments.
XXII. Supplier Diversity
If Supplier is located in the United States or is supplying Products to Motorola locations based in the United States, Supplier will track and report its Supply Chain’s spend with minority-owned, women-owned and disabled veteran-owned business enterprises located in the United States. Supplier and Motorola will agree on a goal for Supplier’s Supply Chain spend, based upon a percentage of Supplier’s total gross revenues under this Agreement. If requested by Motorola, Supplier will submit quarterly progress reports, in a format designated by Motorola, by the twenty-fifth day of the month following the end of each calendar quarter. All reports will be forwarded to the Motorola Supplier Diversity Group via email to: firstname.lastname@example.org.
XXIII. Product Safety and Regulatory Compliance
If applicable, Supplier will ensure that all products and services provided comply with all applicable regulations and laws, including all applicable product safety, environmental, and recycling regulations and laws.
XXIV. ICT Supplier Self Assessment Questionnaire
Supplier will obtain a subscription to the online system EICC-ON at https://www13.enablon.com/EICC and complete the ICT Supplier Self-Assessment within that system.
XXV. Supplier Audits
Supplier is responsible for the cost of Corporate Responsibility and Labor Supplier audits for compliance up to $15,000 USD per occurrence. Supplier agrees to share audit results in EICC-ON with other EICC members who are also customers of the Supplier. Suppliers are expected to correct non-conformance issues identified during assessments. Additionally, if at any time Supplier fails to fully comply with the requirements, or Motorola Solutions has reason to believe that Supplier has failed to comply with the requirements then Supplier is responsible for the cost of any additional inspections or audits to verify Supplier’s ongoing compliance with the Supplier Code of Conduct.