1. ABOUT THIS POLICY
1.1 Dignity and Respect at Work Policy and Procedure (hereinafter – the “Policy”) confirms Ciklum Group arrangements and commitment to providing equal opportunities to all persons and outlines standards of behavior to a working environment which is comfortable to work in and which deplores all forms of discriminatory or offensive behavior.
1.2 This Policy sets out the organization’s position on equal opportunity and respectful treatment in all aspects of the Personnel engagement by giving guidance and encouragement to the Personnel at all levels to act fairly and prevent discrimination.
1.3 This policy will be applied fairly and consistently to all Ciklum Group Personnel based on Ciklum sites, customer sites and includes business trips and events where the occasion is considered to be work-related (e.g. Christmas parties, farewell functions and other general personnel functions).
1.4 This document is directly applicable and addressed to all Ciklum Group, which shall be expected to apply these principles and guidelines in compliance with legal requirements and regulations locally in force. Should some of these principles be less restrictive than the requirements of local law, in each case, the Group Company will adopt principles and guidelines that conform to local law.
1.5 This policy is not intended to be contractual in nature and is not implied or otherwise incorporated into any employment contract or contractor agreement. Ciklum may from time to time, at its absolute discretion, amend, replace, or withdraw from this Policy, or depart from some or all of any procedure in this Policy.
1.6 All Personnel of the Group Companies should be made aware of the provisions of this Policy. 2. 2.
2.1 With reference to the general legal framework on equal opportunities and diversity and for the purposes of this Policy, the terms mentioned herein shall have the following meanings:
2.1.1 Ciklum Group – a group of companies which directly or indirectly are under common control (i.e. share mother company, a subsidiary of affiliate relationship) and operating under Ciklum Trademark.
2.1.2 Group Company – a legal entity duly established and operating under the laws of the country, where Ciklum has legal presence, and which is a part of Ciklum Group.
2.1.3 Protected Characteristics – a list of personal characteristics, discrimination against which is forbidden and may constitute a breach of this Policy. For the purposes of this Policy the list of Protected Characteristics shall include:
184.108.40.206 Disability or impairment
220.127.116.11 Gender reassignment
18.104.22.168 Marital or civil partnership status, family/career responsibilities
22.214.171.124 Pregnancy and maternity/paternity status
126.96.36.199 Race, color, descent, nationality, ethnicity
188.8.131.52 Political views or activity
184.108.40.206 Confession or religious beliefs
220.127.116.11 Sexual orientation
18.104.22.168 Profession or occupation
22.214.171.124 Physical peculiarities
126.96.36.199 Any other personal feature and background such as geographical origin and location, part-time and fixed term engagement status, professional role, pay rate and level within the organization.
2.1.4 Personnel or member of the Personnel – for the purposes of this Policy, the definition of ‘Personnel’ or ‘members of the Personnel’ is extended to include:
188.8.131.52 Job seekers – individuals participating in recruitment process for a vacant job post open with one of the Group Company
184.108.40.206 Employees – individuals engaged by any of the Group Company with a contract of employment
220.127.116.11 Workers and agency workers – individuals engaged by any of the Group Company with a contract to do work or provide services
18.104.22.168 Self-employed – individuals, where they have to personally perform the work
2.1.5 Employment – for the purposes of this Policy, the definition of ‘employment’ shall include all types of the Personnel engagement whether on employment agreement, or contractor agreement.
2.1.6 Discrimination – less favorable treatment of a person because of a Protected Characteristic.
2.1.7 Act of Discrimination – a type of prohibited conduct that is defined to include, but not limited to:
22.214.171.124 Direct discrimination – occurs where someone is treated less favorably because of one and/or several of the Protected Characteristics
126.96.36.199 Indirect discrimination – occurs where an individual is subject to an unjustified provision, criterion or practice that also puts others with the
same Protected Characteristics at a particular disadvantage unless
this criterion can be objectively justified
188.8.131.52 Harassment – occurs when there is unwanted conduct which has the purpose or effect of violating an individual’s dignity or creating an interrogating, degrading, hostile offensive or humiliating environment for the member of the Personnel in question.
184.108.40.206 Bullying – occurs as a result of repeated, unreasonable behavior by one or more persons directed towards one or more members of the Personnel in the workplace that create a risk to health and safety of the recipient of that behavior
220.127.116.11 Vilification – occurs as a result of a public act that could incite or encourage hatred, serious contempt or severe ridicule towards individuals or groups because of their Protected Characteristics
18.104.22.168 Victimization – occurs when someone is treated less favorably than others because they tried to make, or made, a complaint about discrimination.
3. POLICY STATEMENT
3.1 Ciklum Group is committed to recognizing equal opportunities and a right to be treated with dignity and respect of all members of the Personnel regardless of the Protected Characteristics.
3.2 This policy aims to ensure that no job applicant or member of the Personnel receives less favorable treatment on any of the Protected Characteristics, or is disadvantaged by conditions or requirements that cannot be shown to be justifiable.
3.3 Ciklum Group recognizes the harmful effect discrimination, harassment, bullying, vilification and/or victimization can have on individuals and is committed to ensuring that the environment at work is not conducive to unprofessional, unacceptable and unpleasant behavior and any instances of humiliation and intimidation are fully investigated with appropriate action taken.
3.4 Ciklum Group states that adhering to the Policy, combined with relevant engagement policies and practices, maximizes the effective use of individuals in both the company’s and Personnel member’s best interests. Ciklum Group recognizes the great benefits in having a diverse workforce with different backgrounds, solely engaged on ability.
3.5 This Policy and guidelines on equal opportunities and dignity at work stated below should be applied to all human resources processes and practices adopted across the Ciklum Group in order to encourage a level playing field on which all Personnel can unlock their potential on the basis of job requirements or specification of the services rendered and the individual’s ability and merits. The areas to be covered are:
3.5.3 Compensation and Benefits / Remuneration
3.5.4 Facilities and Services
3.5.6 Training and Professional Development
3.5.7 Termination and References
3.6 The purpose of this Policy is to enable complaints of unacceptable behavior to be consistently and appropriately dealt with.
3.7 This Policy is not exhaustive in defining acceptable and unacceptable behavior.
4.1 Advertisements for posts regardless of whether circulated externally or internally will give sufficiently clear and accurate information to enable potential applicants to assess their own suitability for the post. Information about vacant posts will be provided in such a manner that does not restrict its audience in terms of any of the Protected Characteristics.
4.2 Recruitment literature will not imply a preference for one group of applicants unless there is a genuine occupational qualification which limits the post to this particular group, in which case this must be clearly stated.
4.3 All descriptions and specifications for posts will include only requirements that are necessary and justifiable for the effective performance of the job.
4.4 All selection will be thorough, conducted against defined criteria and will deal only with the applicant’s suitability for the job. Where it is necessary to ask questions relating to personal circumstances, these will be related purely to job requirements and asked all candidates.
4.5 All Ciklum Group are committed to ensuring that external partners active in the recruitment process, including but not limited to temporary agencies, recruitment agencies, public job agencies and executive search companies, are made aware of the principles and approaches of this Policy, and the Ciklum Group commitment to implementing its goals.
5.1 Terms and conditions of employment with any of the Group Company shall be drawn up with reference to this Policy.
5.2 Ciklum Group takes care to ensure that our policies and procedures operate fairly and consistently and in a non-discriminatory way against any of the Protected Characteristics.
5.3 Members of the Personnel who have a disability are encouraged to tell their Line manager about their condition, in order that the Group Company may consult with them about possible adjustments.
5.4 Group Company’s fixed-term and part-time members of the Personnel shall be offered appropriate access to benefits, training, promotion and permanent employment opportunities.
5.5 Any reasonable adjustments to working conditions which would assist member of the Personnel in performance of his/her duties will be considered and will be accommodated where possible and proportionate to the needs of the job. Each Group Company shall ensure that requests to alter working hours are dealt with appropriately.
5.6 If the Group Company considers that a particular adjustment would not be reasonable, the reasons for this have to be explained to the Employee and the Group Company shall aim to find an alternative solution (where possible).
6. COMPENSATION AND BENEFITS / REMUNERATION
6.1 The remuneration system of the Ciklum Group defines the total compensation / remuneration of the Personnel on the basis of the role covered, the scope of responsibilities, performance outcomes and the overall quality of the contribution to business results.
6.2 Within the existing remuneration framework, the Ciklum Group is committed to ensuring fair treatment in terms of compensation and benefits / remuneration without relation to any of the Protected Characteristics.
7. FACILITIES AND SERVICES
7.1 The Group Company’s conditions of facilities and service will be available to all members of the Personnel who should have access to them and there should be no unlawful obstacles to accessing them.
7.2 Where such arrangements put the member of the Personnel at a substantial disadvantage, the Group Company will consider whether adjustments are possible and appropriate in order to eliminate the disadvantage.
8.1 Assessment criteria for performance and development reviews, as well as any of the talent management processes, will be based on merit and the needs of the job and will not be unlawfully discriminatory.
8.2 Where arrangements in relation to promotion or transfer may put the member of the Personnel at a substantial disadvantage, the Group Company will consider whether adjustments are possible and appropriate in order to eliminate the disadvantage.
9. TRAINING AND PROFESSIONAL DEVELOPMENT
9.1 The Ciklum Group is committed to promoting the goal of equal opportunities by ensuring that all members of the Personnel receive adequate education and training in this area and that “equal treatment” is included in existing and future training, induction programs and other forms of education and communication as appropriate.
9.2 All members of the Personnel will be encouraged to discuss their career prospects and training needs with their Line Manager or dedicated HR Business Partner / People Partner.
9.3 The Ciklum Group is committed to ensuring that external partners active in training and professional development process, including but not limited to consulting agencies and training centers, are made aware of the principles and approaches of this Policy, and the Ciklum Group commitment to implement its goals.
10. TERMINATION AND REFERENCES
10.1 Each member of the Personnel is to be protected from discrimination through to the last day of engagement with the Group Company and beyond to include references regardless of the termination reason.
10.2 Any of the Group Company’s internal policies and procedures will be applied without unlawful discrimination, whether they result in the giving of sanctions, dismissal or other disciplinary action.
10.3 Redundancy criteria and procedures will be fair and objective and will not include criteria which are contrary to the aims of this Policy and may be considered as discrimination against the Protected Characteristics.
11. ACTS OF DISCRIMINATION
11.1 Ciklum Group actively promotes equal opportunity and working relationships based upon mutual respect and valuing diversity.
11.2 In line with this Policy the following Acts of Discrimination shall not be tolerated in the workplace:
11.2.1 Unlawful Discrimination (direct and indirect)
22.214.171.124 Group Company Personnel shall not engage in acts of unlawful discrimination being either of the following:
126.96.36.199 Direct Discrimination – occurs where someone is treated less favorably because of one and/or several of the Protected Characteristics
188.8.131.52 Indirect discrimination – occurs where an individual is subject to an unjustified provision, criterion or practice that also puts others with the same Protected Characteristics at a particular disadvantage unless this criterion can be objectively justified
184.108.40.206 Intention or motivation of the person who engages in unlawful discriminatory behavior is irrelevant.
220.127.116.11 Act of discrimination shall be deemed unlawful if:
(a) It happens at work or on work related business (including all human resources processes and procedures covering the following areas according to Dignity and Respect at Work Policy: recruitment, employment, decisions on compensation and benefits, facilities and services, promotions, training and professional development, termination and references, grievance, as well as in the course of providing or receiving goods and services)
(b) It is based on or happens because of, one of the grounds or reasons which the law sets out as unlawful 18.104.22.168 Ciklum Group takes care to ensure that our policies and procedures operate fairly and consistently and in a non-discriminatory way against any of the Protected Characteristics.
22.214.171.124 Group Company Personnel shall not engage in any forms of harassment.
126.96.36.199 Harassment occurs when there is unwanted and/or unreciprocated conduct which has the purpose or effect of violating an individual’s dignity or creating an interrogating, degrading, hostile offensive, humiliating, insulting or intimidating environment for the Personnel member in question and which the harasser knew or should have known was likely to cause offence to the victim.
188.8.131.52 For the purposes of this Policy harassment may include but is not limited to the following:
(a) Unwanted non-verbal, verbal or physical abuse which is derogatory, potentially offensive, embarrassing, humiliating or intimidating
(b) Inappropriate, suggestive or uninvited comments
(c) Displays of offensive images, literature and pictures
(d) Unwelcome propositions, both verbal and physical
(e) Repeated unwelcome invitations
(f) Offensive, insensitive and/or intrusive quips and jokes related to a person’s Protected Characteristic
(g) Questions, taunting, name calling, innuendo and any exchange intended to offend on the basis of stereotyped characteristics
184.108.40.206 Sexual harassment occurs if there is an unwelcome act or unwelcome conduct of a sexual nature where a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person on the receiving end of that act or conduct would be offended, humiliated or intimidated by it. 220.127.116.11 Sexual Harassment may include but is not limited to the following:
(a) Sexual propositions or advances
(b) Unnecessary familiarity, e.g. brushing up against or constantly staring at a person
(c) Unwanted physical contact
(d) Offensive sexual gestures, innuendos or sexual jokes
(e) Unwelcome comments, questions and/or teasing about a person’s private life
(f) Display or circulation of sexual material, including emails, magazines, posters
(g) Sexual assault.
18.104.22.168 Sexual harassment may occur even if the person engaging in the unwelcome act or conduct did not intend to sexually harass. A single act is enough to constitute sexual harassment.
22.214.171.124 The mutual attraction between members of the Personnel and personal workplace relationships where behavior is consensual and lawful, do not fall within the constraints of this Policy, however where they interfere with working practices and requirements they will become a Group Company concern.
126.96.36.199 Some forms of harassment are also criminal offences and may incur prosecution under the local legislation.
188.8.131.52 Group Company Personnel shall not engage in any form of bullying behavior.
184.108.40.206 Bullying occurs as a result of repeated, unreasonable behavior by one or more persons directed towards one or more members of the Personnel or other persons in the workplace that create a risk to health and safety of the recipient of that behavior.
220.127.116.11 Unreasonable behavior means behavior by a person that a reasonable person, having regard to the circumstances, would see as unreasonable, including behavior that victimizes, humiliates, intimidates, threatens, undermines or demeans another person.
18.104.22.168 Bullying can range from seemingly trivial banter to explicit abuse against an individual. It often involves, but is not limited to, a misuse of power, position or knowledge to criticize, humiliate or seriously undermine an individual.
22.214.171.124 Bullying may include but is not limited to the following: (a) Deliberately and repeatedly excluding, isolating or marginalizing someone from normal work activities
(b) Unwanted non-verbal, verbal or physical abuse which is derogatory, potentially offensive
(c) Aggressive, threatening or hostile behavior
(d) Embarrassing, humiliating or intimidating
(e) Verbal abuse to include shouting and physical gestures used to frighten or intimidate.
126.96.36.199 Bullying can occur even if the person who engaged in the behavior did not intend to bully or was not motivated by malice.
188.8.131.52 Bullying shall not include reasonable management action carried out in a reasonable manner including, for example:
(a) Genuine and reasonable disciplinary action
(b) Constructively delivered feedback and/or performance counselling.
184.108.40.206 Group Company Personnel must not vilify others in the workplace.
220.127.116.11 Vilification is a public act that could incite or encourage hatred, serious contempt or severe ridicule towards individuals or groups because of their Protected Characteristics.
18.104.22.168 All Group Personnel shall not be victimized or treated less favorably for making a complaint under this Policy in good faith.
22.214.171.124 Victimization includes any unfavorable treatment of a person who has made a complaint or been involved in the enquiry or investigation of a complaint, with respect to allegations of discrimination, harassment, bullying, and/or vilification.
126.96.36.199 Each Group Company shall take all reasonable steps to ensure that Personnel are protected against victimization or retaliation. It will be regarded as a disciplinary offence to victimize or retaliate against a member of the Personnel for bringing a complaint in accordance with this Policy.
12.1 This Policy is designed to encourage and define acceptable and unacceptable standards of behavior and detail the steps that can be taken if an individual feels they are being unlawfully harassed, discriminated against or bullied in the workplace. The aim is to ensure consistent and fair treatment for all Personnel.
12.2 Disciplinary action will be taken against any member of the Personnel who is found to have committed an Act of Discrimination contrary to this Policy under the Group Company’s Disciplinary and Grievance Procedure. Such behavior may constitute gross misconduct and, therefore, may result in dismissal. The Ciklum Group takes a strict approach to serious breaches of this Policy.
12.3 Group Companies’ Personnel may consider the following options to remedy the case:
12.3.1 Informal Action
188.8.131.52 In some instances, it will be sufficient for the recipient to raise the problem informally with the person who is creating it, pointing out that their conduct is unwelcome, offensive or is interfering with their work.
184.108.40.206 A member of the Personnel who finds it intimidating or embarrassing to raise the problem direct with the person creating the problem may seek advice or support from their Line Manager and/or dedicated HR Business Partner / People Partner
220.127.116.11 It is advisable to keep a record (including times and dates) of any conversations you may have with the person causing the problem
during any informal attempts to rectify the situation.
12.3.2 Formal Action
18.104.22.168 This will generally be appropriate when informal action has proved ineffective or in any of serious instances of discrimination, harassment, bullying, vilification and/or victimization. In these circumstances, the Group Company’s Disciplinary and Grievance Procedure should be followed. An investigating manager shall carry out a thorough and timely investigation of the complaint taking into account the rights of the complainant and the alleged perpetrator, who will receive clear details of the complaint.
22.214.171.124 The investigation shall involve taking witness statements from other members of the Personnel who were witnesses to the alleged act(s). In the event disciplinary action is to be taken against the instigator, all witness statements will be disclosed and the perpetrator will be progressed through the Group Company’s Disciplinary and Grievance Procedure.
126.96.36.199 The Company will aim to maintain confidentiality for all parties throughout any investigations wherever practicable and will deal with all matters sensitively.
188.8.131.52 At every stage, the member of the Personnel who believes that she/he is being treated unacceptably, and the alleged instigator, have the right to be accompanied and/or represented by a work colleague and/or other legal representatives (if any). The exercising or waiving of this right will be recorded in the documentation.
184.108.40.206 If the allegations are founded, then the appropriate response will be invoked through the Group Company’s Disciplinary and Grievance Procedure.
12.4 Any complaints made by Group Companies Personnel in bad faith (malicious and vexatious allegations) will be dealt with as a disciplinary matter in accordance with the Group Company’s Disciplinary and Grievance Procedure.
13.1 This Policy is expected to affect the corporate culture and to embed equality, diversity and respect at all levels of the Ciklum Group. Therefore, all Personnel play an active role and are responsible for the Policy application. However, specific functions play key roles in the process, as outlined below.
13.2 The Organizational Development and Internal HR Division defines, sponsors and approves the overall equal opportunities strategy / approach, and will establish specific objectives linked to the strategy. Within its accountability the Organizational Development and Internal HR Division is responsible for:
13.2.1 Leading the design of the equal opportunities and respect at work strategy
13.2.2 Monitoring the strategy implementation and related achievements and improvements on regular basis
13.2.3 Ensuring that the strategy is embodied in every HR process and action
13.2.4 Making recommendations to management in relation to the objectives for achieving the status of equal opportunities and diversity employer and the initiatives supporting these objectives
13.2.5 Updating and amending this Policy, if necessary, based on its effectiveness.
13.3 All managers and heads of organizational structures of the Group Company’s level are accountable for managing HR processes (selection of candidates, appointments, promotions, development initiatives) on the basis of individual merit and competence, personal aspirations and fit the open position with the support of HR function. In the execution of their role they have to ensure:
13.3.1 The Policy is applied consistently to all Ciklum Group Personnel
13.3.1 Team members are aware and fully understand principles set forth in this Policy
13.3.2 Any complaints raised in respect of this Policy are properly investigated and responded to. All such offences, without exception, will be thoroughly investigated in a timely manner and may be regarded as gross misconduct which carries an ultimate penalty of dismissal for the perpetrator
13.3.3 Members of the Personnel feel able to raise concerns in the knowledge that no individual will be penalized or victimized for raising such a concern
13.3.4 Ensuring that local HR functions are involved where there is a requirement to progress an individual through the Group Company’s Disciplinary and Grievance Procedure for failing to adhere to this Policy.
13.4 All Group Companies’ Personnel are requested to:
13.4.1 Behave in accordance with this Policy
13.4.2 Treat colleagues with sensitivity, respect and courtesy at all times
13.4.3 Draw matters of concern to the attention of the appropriate level of management
13.4.4 Consider the impact of their behavior towards another person and remember individualization means what is offensive to one person may not be offensive to another
13.4.5 Respect confidentiality if engaged into complaint resolution process to ensure that the integrity of the investigation process is maintained at all times and to protect the privacy of the persons involved in the complaint
13.4.6 Not to discuss with any other members of the Personnel or with any other external third party the allegations, the matters that were discussed during the investigation, and responses to allegations or any matters raised during the investigation if engaged into complaint resolution process
13.4.7 Promote a culture of inclusion, the spirit of the policy on equality and respect at work and highlighting controversial cases at SpeakUp@ciklum.com.
14. COMMUNICATION AND IMPLEMENTATION
14.1 All Group Companies’ Personnel and new hires must become familiar with this Policy through various initiatives that include, among others, internal communication and news on local intranets. In order to reach the widest audience possible, when appropriate or necessary, the present Policy may be translated into the local languages of the countries in which our Group operates and communicated to the trade union organizations in relevant jurisdictions (if any).
14.2 Each of the Group Companies shall be accountable for circulation of this Policy to its suppliers and subcontractors.
14.3 For clarifications on the content of this Policy or for support on operational aspects of the process disciplined by the regulation itself, the interested functions/ legal entities can refer to the Group Company’s local HR Professional and/or Global HR Support Department at email@example.com.