1. TERMS AND DEFINITIONS
o Harassment: a form of violence in which, although subordination does not exist, there is an abusive exercise of power that leads to a state of defenselessness and risk for the victim, regardless of whether it is carried out in one or more events.
o Harassment: the exercise of power in a relationship of real subordination of the victim to the aggressor in the workplace, which is expressed in verbal or physical conduct or both
o Discrimination: Different and harmful treatment that is given to a person for reasons of race, sex, political ideas, religion.
o Bribery: Offering money or objects of value to a person to obtain a favor or a benefit, especially if it is unfair or illegal, or so that they do not comply with a certain obligation.
o Extortion: Obtaining something from a person by using violence, threats, or intimidation.
o Anti-corruption: Its objective is the fight against economic, political, and administrative corruption.
This code of ethics is an objective mechanism that governs the actions of all the personnel that make up Chocolatera Moctezuma, talking about ethical principles shows that there are several well-established values with which the institution operates and that is why this code takes as main axis the mission, vision and values towards the employees and the consumers of the product.
This code describes general situations regarding our relationships with shareholders, clients, suppliers, authorities, competitors, employees and the community, considering those in which there is a greater risk of a potential ethical conflict..
3.1 Shareholders - We take care of the interests of the shareholders of the company, the property and everything that implies representing the Chocolatera Moctezuma brand.
3.2 Clients We serve our clients by always offering them equitable treatment and respecting their integrity with respect to human rights, always being honest in our commercial agreements, providing products with the highest quality. We do not make false statements about the quality of our products or make false or misleading comparisons with products similar to those offered by competitors. Strive to produce quality products, as well as to have a series of competitive and varied products that meet the needs of our customers, promoting them with an attitude of respect, courtesy, responsibility and efficiency.
3.3 Employees Conduct themselves towards any worker in the position they have with a dignified, fair and supportive treatment, respect and support, as well as with people who are related to the institution, even if they are not part of it, offering an objective, impartial treatment and equitable, maintaining the social order and supporting the non-appearance of conflicts. An innocent person shall not be reported unfoundedly and in bad faith. Those who participate in political activities of any jurisdiction should not involve the company, clearly establishing that we act in a personal capacity and not on behalf of it. Any situation that corrupts order, or causes physical or moral damage from one worker to another must be dealt with immediately with his direct boss to seek resolution of the same and in case any unethical conduct is required to be sanctioned. We must all show our commitment to winning with integrity by confirming that we have read, understood and assumed the obligation to comply with this Code when hired.
3.4 Community We recognize our commitment to the community based on our origin, principles and values, which tries to seek the simultaneous generation of economic and social value in all our actions, for our growth and sustainability.
3.5 Authorities We collaborate at all times with the competent authorities for the full exercise of their powers and we act in accordance with the law in defense of the legitimate interests of Chocolatera Moctezuma. The opening is given to carry out any type of verification to comply with the requirements and observations of the authorities, without hindering the work of the competent authorities, always treating them kindly and respectfully. The agreements, procedures and relationships that on behalf of the company we have with government agencies or officials, we carry out in accordance with the applicable laws.
3.6 Suppliers We consider for the portfolio of approved suppliers for Chocolatera Moctezuma those who share ethical values. Those of us who negotiate the acquisition of the goods and services that Chocolatera Moctezuma needs, provide and require suppliers to treat them fairly and honestly in each transaction, always seeking the best interests of the company. All suppliers are evaluated to ensure their impartial selection, based on criteria of quality of supplies, delivery time, flexibility of the supplier, certifications or certificates and price level. We do not comment with a supplier or with people outside the company, the approvals or rejections made in another supplier. We consider it illegal conduct to request or receive any incentive from suppliers for their selection.
3.7 Competition. The company will always make a healthy and fair competitiveness, without going overboard to harm other production companies and seeking the common good, promoting free competition among its business partners, always seeking to preserve its integrity and refraining from practices that lack loyalty. Those of us who have contact with representatives of competitors, show a professional attitude, attached to the principles and values of the company we represent, and we take care of the personal image and that of Chocolatera Moctezuma. We prevent as much as possible from making statements about competition, but when necessary, we do so fairly and objectively..
4. EMPLOYMENT OF FREE CHOICE
4.1 There will be no involuntary or forced labor.
4.2 Workers will not have to leave "deposits" or their identity documentation in the custody of the company and will be free to leave their employment with reasonable notice.
4.3 Overtime will be a mutually agreed decision and it is up to the worker to perform them responsibly without putting his or the company's integrity at risk due to fatigue or internal circumstances, taking care of the processes.
4.4 Overtime will never be imposed as punishments or derived from discipline.
5. FUNDAMENTAL PRINCIPLES AND RIGHTS AT WORK
5.1 The company will conduct itself in any of its activities and operations through the laws, regulations and established policies and has the commitment to inform itself of them in case of ignorance to always apply them ethically and responsibly.
5.2 Comply with applicable laws regarding the hiring of minors.
5.3 Under no circumstances will child labor be used.
5.4 Freedom of association and the right to collective bargaining will be respected.
5.5 Any promotion or promotion within the company of each worker will never be subject to the relationships that this person has with the authorities of the same, but by their skills and abilities, taking into account professional factors.
5.6 Each employee must ensure that his work area is in an orderly and clean manner.
5.7 Likewise, the company must provide cleaning services, clean bathrooms, drinking water and a suitable place for food consumption.
5.8 The use of substances that affect people's senses, such as alcohol and drugs, that impede the proper performance of their activities within the company and may affect its productivity, is prohibited.
6. SAFETY AND HEALTH AT WORK, ENVIRONMENTAL RESPONSIBILITY
6.1 At chocolatera Moctezuma we are committed to offering our employees a safe and hygienic work environment, we take all necessary and regulated measures to prevent accidents and health risks derived from their work.
6.2 Chocolatera Moctezuma is a company committed to environmental preservation and protection.
6.3 We are also responsible for complying with all applicable environmental laws and regulations.
6.4 Conducting the company in compliance with all applicable health and safety laws is essential to protect all members of the organization from harm.
7. WAGES, BENEFITS AND HOURS
7.1 The corresponding laws and regulations that deal with the issues of wages, benefits and hours are unquestionably complied with, including, rest times, meal spaces and rest days, overtime pay, pay for dismissal and resignation, minimum wage requirements , wages and any issue related to wages and working hours.
7.2 All of us who are part of this company fully comply with the policies and procedures regarding wages, benefits and hours.
7.3 The salary deductions guarantee that those who are part of Chocolatera Moctezuma receive a salary higher than the current minimum salary.
7.4 Any violation of wage and hour laws or policies must be reported through the communication process of the complaint system as indicated in this code.
8. HARASSMENT, VIOLENCE AND HARASSMENT
8.1 Respect and protect the people who are in our area of responsibility.
8.2 No type of retaliation is taken (threat, harassment, suspension, demotion, discrimination or dismissal) against the people who collaborate in the investigations where the breach of any provision established in the Policies of Chocolatera Moctezuma or in this code is presumed.
8.3 Physical abuse or punishments are not allowed.
8.4 A climate of respect and empathy will be fostered on the part of all workers, avoiding conflicts of any kind, with respect and companionship.
8.5 Any type of workplace harassment and manifestations of violence or intimidation towards workers will be sanctioned.
8.6 Offensive, teasing, hostile or abusive conduct is strictly prohibited and is unacceptable in the form in which it is presented, whether physical, verbal or visual.
8.7 You must accept the differences of each person and respect the points of view that are expressed.
8.8 Derived from the health contingency caused by the SARS-CoV-2 virus, “Non-Discrimination” is promoted among the members of the organization for people who have had COVID-19 or have lived with a family member who has it. He will adhere at all times to the protocols established by the health authorities and the Safety and Hygiene area.
9. ANTI-CORRUPTION AND CONFLICTS OF INTEREST
9.1 Bribery and extortion practices are prohibited, condemned, and denounced, being an example of a culture of legality.
9.2 In any activity inside and outside the company or on its behalf, one must not participate in corrupt practices, either directly or through a third party.
9.3 During the course of our activities, we must ensure that we always act in the interests of Chocolatera Moctezuma.
9.4 We must not allow our judgment and our professional actions in relation to our duties and obligations before the law and the company to be unduly influenced by secondary interests that could benefit us financially, professionally or personally, or a family member, or someone with whom we have a close personal relationship. Therefore, we must avoid any conflict of interest, real, potential or apparent, in the performance of our duties.
9.5 When we are faced with a real, potential or apparent conflict of interest or any act that may incur acts of corruption of any kind, we must immediately declare it through the complaint system (point 11 within this same document).
9.6 If it is determined that there is a real, potential or apparent conflict of interest, general management will detail the measures that will be taken to remedy the situation. The information communicated will be treated confidentially and disclosed only to those directly involved in the assessment or management of the conflict of interest..
9.7 All economic relationships will be legally governed by contracts and vouchers, they can never be of personal benefit, or through an illegal activity that damages the credibility and ethics of the company.
9.8 It is strictly forbidden to accept gifts of any kind, whether from a supplier (current or possible), client, competition, government official or any other, since a conflict may arise, or the appearance of a conflict of interest.
10. STORAGE OF INFORMATION
10.1 All company workers have the obligation to act with a sense of belonging to it, avoiding the disclosure of information and maintaining its confidentiality, in order to protect the institution.
10.2 In the same way, the institution has the task of safeguarding the information of the workers, taking care of its integrity and using the data in an ethical and responsible manner.
10.3 No information is disclosed regarding new projects, plans or processes that are carried out in the company, neither at a family level nor at a social level.
10.4 The guidelines established by law for the use and handling of personal data are complied with within the company's privacy notice, which for consultation by the parties involved can be found on the page www.chocolatera.com, and each employee signs it from Your income.
11. DIVERSITY, INCLUSION AND NON-DISCRIMINATION
11.1 Be a company that allows the inclusion of people with disabilities to join the workforce, always seeking to eliminate any type of barriers that do not allow their insertion and offering dignified treatment, as well as the exercise of their rights.
11.2 Chocolatera Moctezuma must be part of its work team and promote equality before any person, regardless of their race, sex, religion, culture, ethnic group, schooling, nationality, socio-economic status, sexual preference or any other personal or social condition, avoiding discrimination at any time.
11.3 In the same way, the rights, freedoms, abilities and qualities of each person will be recognized so as not to jeopardize the principle of equality.
11.4 Any separation of persons will be in accordance with the law and established by the Federal Labor Law and Internal Labor Regulations.
12. COMPLAINT SYSTEM
12.1 In the corridor of the company is the security mailbox where any complaint can be made confidentially without it representing any type of retaliation and will be treated in a strictly confidential manner.
12.2 Another method of complaint will be made through the email firstname.lastname@example.org for any of the interested parties listed in this code.
12.3 Internal investigations take any misconduct very seriously and assume that all concerns and reports submitted will be made in good faith and are legitimate. The Human Development department, together with the company's legal office, will be exclusively in charge of carrying out investigations when allegations of potentially illegal or unethical conduct are made and will use investigation techniques recognized by virtue of internal protocols and procedures. This ensures the quality and integrity of the investigation process. Investigations will be conducted with absolute respect, discretion and privacy, and will be confidential to the extent permitted by law. If the Department of Human Development discovers criminal activities or other inappropriate activities, Chocolatera Moctezuma may be obliged to report them to the government or the corresponding authorities in charge of the application of the law. We must all collaborate fully, truthfully and honestly with the Human Development department and provide them with all the documents and information that they request related to the matter under investigation.
12.4 We must not hinder, hinder or delay any internal investigation.
12.5 Those who are the subject of a complaint are always considered innocent until the facts discovered during the investigation indicate otherwise..
13.1 Violations of this code are subject to sanctions.
13.2 Failure to cooperate may result in disciplinary action, up to and including termination.
13.3 The severity of the aforementioned sanctions depends on the seriousness of the offenses committed, as well as whether they derive from negligent or malicious actions. We consider a violation of this code not to sanction breaches of it.
13.4 The sanctions range from written reprimand, administrative act, dismissal, to criminal complaint (if applicable) before the competent authorities..
13.5 Sanctions are imposed by the superior level of the person who has committed the fault, advised by the Legal and Human Development areas.
13.6 When in doubt about the existence of a violation of this code, the available evidence is validated and evaluated by the Human Development and General Management areas, before the corresponding sanction is imposed on the possible offender.
13.7 In the event of suppliers, clients or competitors, any breach of any of the items in this document is detected and those who comment on any violation will be notified in writing that they are prohibited from purchasing, supplying or any type of commercial relationship.