Policies

MGK TECHNICAL SERVICES G.P. recognizes Health and Safety and Environment as amongst the highest corporate priorities, as an integral part of its business performance, and as a key determinant to sustainable development. The HSE Management System is therefore integrated into each business as a prime responsibility and as an essential element of management. MGK, during all the project’s activities with the scope “Engineering, Construction, Supervision and Commissioning of Electrical and Mechanical Projects” is committed to implement and maintain an effective Management System conforming to the ISO 45001:2018 & ISO 14001:2015 standard and based on the following principles:
• Commitment to provide safe and healthy working conditions and to protect against injuries and damage to the health of all personnel involved in the projects.
• Commitment to minimizing risks and reducing health and safety risks.
• Comply with the requirements of all applicable local Government laws and standards, and Company regulations.
• Prevent any loss of production or damage to equipment or property, third parties included.
• Pursue continuous improvement of the HSE management system and H&S performance.
• Adopt the necessary measures to prevent and reduce the environmental impacts of all project’s activities.
• Perform HSE training programs and promote the awareness of the personnel at every level to work in an HSE responsible manner and to develop their HSE knowledge and skills.
• Assure the co-operation with Public Authorities, customers, suppliers, local communities and other stakeholders on HSE issues.
• Require Subcontractors to manage the HSE issues in an appropriate way, consistently with the requirements of MGK
• Periodically conduct audits on the H&S management system and on the legal compliance.
• Apply the principle of pollution prevention on all the activities and services carried out.
• Promote the purchase and use of materials and equipment with a higher environmental compatibility.
• Promote a culture in which all project employees share this commitment.
• Provide energy, resources, product and services consistent with these aims.
• Review the HSE management system to determine the effectiveness and the continual improvement.

MGK, during all the project’s activities with the scope “Engineering, Construction, Supervision and Commissioning of Electrical and Mechanical Projects” is committed to operate all activities within the spirit and letter of all laws and regulations affecting its businesses and employees based on the following the fundamental principles:

Honesty and integrity

MGK will act with integrity and honesty.

Confidentiality

MGK will protect constituent information in all forms (verbal, electronic, print).

Accountability

MGK will accept responsibility for its actions and be accountable to those who place their trust in the company.

Discrimination and harassment

Discrimination on the basic of caste, colour, religion or creed is a punishable offense and the culprit will be dealt with strictly. Sexual harassment in any form is strictly prohibited.

Gifts and favors

No employee is allowed to receive any personal favors or gifts from a third party in exchange of doing any particular favor to it. No employee is allowed to ask for gifts from a third party dealing with the company.

Environment

MGK will always act with environmental preservation in mind and apply the standards described in all related company policies to achieve this.

Obeying the Law

All industry compliance and regulatory rules must be followed. MGK will not work with vendors/contractors who use slavery, forced, bonded or child labour, discriminate in their hiring, engage in bribery or human trafficking or are environmentally harmful.

General Values

MGK’s employees are to be trustworthy, respectful, responsible, fair, caring and good citizens.

Employees must exercise the highest level of integrity, ethics and objectivity in their actions and relationships which may affect the Company. Employees must not misuse their authority or influence of their positions in these relationships. Moreover, an employee has the duty to act in the best interest of the Company at all times.

MGK, during all the project’s activities with the scope “Engineering, Construction, Supervision and Commissioning of Electrical and Mechanical Projects” is committed to implement and maintain an effective Quality Management System conforming to the ISO 9001:2015 standard and based on the following principles:

• To identify customer requirements in order to develop services that meet their needs and anticipate their future expectations.
• Provide services according to the agreed delivery times.
• Provide services in accordance with agreed quality terms.
• To comply with the terms of contracts / agreements with customers / suppliers / partners / staff.
• To continuously improve its performance in terms of the environment, health and safety through all its services.
• To increase the motivation and skills of our staff to add value to our customers and business, through continuous training and development.
• To create and maintain a winning “team spirit”, where all employees are involved in achieving customer satisfaction and company goals.
• To satisfy the expectations of both internal and external customers through an effective and efficient management of activities and related resources.
• To make decisions based on reliable and accurate information and data.
• To establish effective relationships with key suppliers to promote sustainable and fruitful exchanges.
• To be aware and respective of current legislation on protection of environment and on health and safety of all functions involved in the company activities.
• To communicate with full transparency.

MGK Technical Services SA is committed to maintaining a workplace and professional environment free from discrimination and harassment. In support of its Vision and Values and commitment to equality, MGK sets forth the following Policy Statements:

Anti-Discrimination and Anti-Harassment Statement

MGK prohibits discrimination and harassment on the basis of age, color, disability, domestic violence victim status, ethnicity, gender identity or expression including transgender and gender expansive identities, genetic information, marital status, familial status or an individual’s reproductive health decision-making, military/veteran status, national origin, race (including hair style), religion/creed (including religious attire and facial hair), sex, sexual orientation, citizenship status, arrest or conviction record, or any other status protected by law (hereafter each of these will be referred to as a “Protected Class”). Discrimination or harassment based on a Protected Class will not be tolerated and is considered misconduct that will be subject to discipline.

Discrimination or harassment under this Policy does not include unfair or inappropriate behavior not based on a Protected Class; for instance, complaints involving profanity or name calling not related to a Protected Class or issues of nepotism must be addressed through other avenues (e.g., Human Resources, a supervisor, the Ombuds).

Determinations made as to whether or not an individual has violated the PADH based on allegations of behavior that could also constitute criminal acts are made solely for purposes of determining whether this Policy has been violated. The standards for assessing a violation of Policy are not the same as the distinct legal standards required for a finding of criminal liability.

Anti-Retaliation Statement

MGK prohibits retaliation against any person who complains of or opposes perceived discrimination or harassment, including those who participate in any investigation or complaint under this Policy or other proceeding involving a claim based on a Protected Class. Retaliation will not be tolerated and is considered misconduct that will be subject to discipline.

Sex Discrimination Statement

MGK prohibits sex discrimination (including sexual harassment and violence based on sex) in MGK’s activities, as well as retaliation for asserting claims of sex discrimination. Discrimination based on sex will not be tolerated and is considered misconduct that will be subject to discipline.

Relationship to Principles of professional Freedom and Freedom of Speech

The success of MGK depends on an environment that fosters vigorous thought and intellectual creativity. It requires an atmosphere in which diverse ideas can be expressed and discussed. MGK seeks to provide a setting that respects the contributions of all the individuals composing its community, that encourages intellectual and personal development, and that promotes the free exchange of ideas. This Policy is not intended to inhibit the content of speech, discussion, debate, and dialogue in the classroom, on campus or in any MGK forum reasonably related to professional activity or political, artistic, and visual arts expression. MGK will protect professional freedom and artistic expression in administering this Policy. However, using speech or expression to discriminate against those protected by this Policy or using speech that creates a hostile learning, working or campus living environment for those protected by this Policy is prohibited.

Definitions of Terms Referenced in the Policy

The following definitions are intended to provide a better understanding of the meaning of certain terms as used within this Policy:

A. Discrimination
Discrimination involves an adverse action or decision or treating a person or group of people differently because of a Protected Class or because of perceived or actual affiliation/association with other individuals in a Protected Class.

B. Harassment

Harassment is a form of discrimination which involves verbal, written, physical or electronic conduct that is unwelcome; occurs because the person(s) subject to the treatment is a member of a Protected Class when the conduct occurs; and rises above the level of what a reasonable person, who is subject to harassment with the same protected characteristic, would consider more than a petty slight or trivial inconvenience.

Harassment, including sexual harassment, can occur between any individuals regardless of their sex or gender or membership in any Protected Class. Employees, paid or unpaid interns, and non-employees, including independent contractors and those employed by companies contracting to provide services at MGK and students, are covered by this Policy to the extent that their actions fall within the MGK’s control or legal responsibility. Under this Policy, harassers can be a superior, subordinate, co-worker, independent contractor, contract worker, vendor, client, customer, or visitor.

Unlawful harassment is not limited to MGK property. It can occur while traveling for MGK business or at MGK sponsored events or parties. For example, calls, texts, emails, and certain social media usage by employees can constitute unlawful workplace harassment toward another, even if they occur away from the workplace premises, on personal devices or during non-work hours.

Examples of behavior that could be considered Harassment

Behaviors based on a Protected Class which could constitute harassment or lead to complaints of harassment include, but are not limited to:

• Physical violence, threats of physical violence, physical intimidation, or stalking.
• Displays of demeaning material in the workplace, including displays on workplace computers, social media, cell phones, or any other area visible to other members of MGK community, such as:
  • Images, pictures, posters, or objects; for example, demeaning cartoons, dolls, or artifacts;
  • Text, graffiti, or written messages of intimidation; such as epithets, slurs or threats.
  • Other behaviors, such as demeaning jokes, derogatory statements, verbal epithets or slurs, or stereotyping activities.
• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform their job;
• Commenting about an individual’s physical characteristics, clothing or lifestyle in a manner that demeans an individual based on their membership in a Protected Class;
• Sabotaging an individual’s work because of the individual’s membership in a Protected Class;
• Bullying, yelling, or name-calling because of the individual’s membership in a Protected Class.

SEXUAL HARASSMENT
Sexual harassment is a form of prohibited harassment as defined above. Sexual harassment involves unwelcome sexual advances or requests for sexual favors, or other verbal or physical acts/conduct of a sexual or sex-based nature when:

• submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or professional success;
• submission to or rejection of such conduct by an individual is used as the basis for an employment or professional decision affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual’s work or professional performance or creates an intimidating, hostile, or offensive working or professional environment.

SEXUAL ASSAULT
Sexual assault is sexual harassment which includes any physical sexual act perpetrated against a person’s will, where that person does not give clear and voluntary consent or where that person is incapable of giving consent due to drug or alcohol use or due to intellectual or other disability. Sexual assault includes, but is not limited to, rape, sexual battery, sexual coercion (the act of using pressure or force to have sexual contact with someone who has already refused), and any other act of sexual violence.

Examples of behavior that could be considered Sexual Harassment

Behaviors which could constitute sexual harassment or lead to complaints of sexual harassment include, but are not limited to:

• Physical acts of a sexual nature, such as:
  • Sexual violence (rape, sexual battery, sexual assault, dating violence, domestic violence, molestation) or attempts to commit sexual violence;
  • Unwanted and intentional touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body or poking another person’s body or clothing.
• Sexual advances or propositions that are unwanted, such as:
  • Requests for sexual favors accompanied by implied or overt threats/promises that an individual’s refusal or willingness to submit will impact the individual’s status, wages, advancement, performance evaluation, promotion, or other benefits or detriments;
  • Subtle or obvious pressure for unwelcome sexual activities;
  • Sexual flirtations (including leering or ogling, or pressure to engage in social interactions);
• Sexually oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality.
• Display of sexual or sexually demeaning material anywhere in the workplace, including but not limited to pictures, posters, calendars, graffiti, objects, text or other materials that are sexually demeaning or pornographic. This includes displays on workplace computers, cell phones, or any other area visible to other members of MGK community.
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or expression, including transgender and gender expansive identities, either in person or through other means, such as:
  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job because of the individual’s sex;
  • Making comments about an individual’s body, clothing or lifestyle that have sexual implications or demean the individual’s sexuality or gender;
  • Sabotaging an individual’s work because of the individual’s sex;
  • Bullying, yelling, or name-calling because of the individual’s sex.

C. Retaliation

Retaliation is an action taken by MGK or a member of MGK community that would dissuade a reasonable person from making a complaint or participating in the complaint process. An action is retaliatory if it is taken because the individual has engaged in protected activity. Protected activity can include, but is not limited to: (1) personally complaining of or opposing perceived discrimination or harassment because of a Protected Class; (2) testifying, assisting, or participating in an investigation, proceeding, hearing, or legal action involving a claim of discrimination or harassment based on a Protected Class; or (3) exercising rights under a relevant statute which involves a Protected Class.

Examples of behavior that could be considered Retaliation

• Depending on the circumstances, examples of retaliation could include, but are not limited to:
• Making inquiries about whether or not an individual has engaged in protected activity or ostracizing any person who does so;
• Threats of termination, transfers and changes in work location, poor performance reviews, the denial of a promotion or tenure, denial of job benefits, demotion, suspension, or termination;
• An escalation of harassing behavior in response to a complaint;
• Making false reports to governmental authorities (e.g., law enforcement, licensing agencies); Threats of deportation, initiating action with immigration authorities; or
• Adverse professional actions against a student could include a reduced grade, negative recommendation, negative comments about the student at professional meetings or conferences, or limiting access to an professional opportunity.

Other Terms

“Gender identity or expression” refers to a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristics, regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. A person’s gender-related identity can include identifying with more than one gender, or not identifying with any gender.
“Complainant” refers to the individual who has made a complaint under this Policy, and “Respondent” refers to the person accused of the conduct alleged to violate this Policy.

MGK TECHNICAL SERVICES G.P. values its employees and recognizes their need for a safe and healthy work environment. Furthermore, employees abusing drugs and alcohol are less productive and are often a risk to the safety and productivity of our Company.

The establishment of a Drug-Free Workplace Policy is consistent with this Company’s desire to promote a safe and accident-free workplace.

MGK, during all the project’s activities with the scope “Engineering, Construction, Supervision and Commissioning of Electrical and Mechanical Projects” is committed to:
• prohibit the use, possession, sale, manufacture, and/or distribution of alcohol and illegal/controlled substances and/or drug-related paraphernalia on Company premises or while performing duties for MGK while away from Company premises, and/or during working hours.

The substances prohibited by this policy include such items as: any illegal or unlawfully obtained drugs or controlled substances; “designer” or synthetic drugs; “over the counter” or prescribed medications not being used for purposes or in the manner intended; mood or mind-altering substances; and alcoholic or intoxicating beverages.

Compliance with this policy will be required by MGK as a condition of employment for qualified applicants or for continued employment of current employees. The presence of a detectable amount of any prohibited substance in an employee while working and/or during working hours may be deemed a violation of this policy.

MGK may request current employees to submit to a drug/controlled substance test in certain circumstances, including:
a. When an employee’s conduct, actions or behavior reasonably leads management to suspect that the employee may be using or under the influence of drugs or alcohol on Company premises or while performing duties for MGK while away from Company premises and/or during working hours

MGK retains the sole right to change, amend or modify any term or provision of this policy without notice. This policy is effective and will supersede all prior policies and statements relating to alcohol or drugs.