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Grievance Mechanism

According to the OECD Guidance: “Companies should establish company-level or industry-level grievance mechanisms as an early-warning system for risks.”

 

1. Purpose

This grievance mechanism is established to promptly identify, assess, and respond to risks and concerns in a timely manner, ensure smooth communication between stakeholders and the company’s management, enhance the quality of stakeholder engagement and interaction, build harmonious and mutually beneficial relationships with stakeholders, safeguard the legitimate rights and interests of all stakeholders and the company, and optimize the internal and external environment for the company’s development.

 

2. Scope of Application

Our company allows any relevant party (affected individuals or complainants) to express concerns or submit grievances regarding the purchase, sale, and processing of tantalum raw materials and the sale of tantalum intermediate products. Relevant parties include, but are not limited to:

1. Company employees;

2. Company customers, including suppliers, partners, and purchasers;

3. Social organizations and media;

4. Employees and customers of suppliers;

5. Residents of the areas where the company operates.

3. Grievance Matters

Grievances may be raised regarding the company’s products and supply chain, business management decisions and activities, business relationships and other activities related to the company, in situations that actually or potentially violate applicable laws, regulations, or other requirements.

 

4. Principles of Grievance Handling

Both the submission of grievances by the complainant and the company’s acceptance and handling of grievances shall adhere to the following principles:

1. Fact-based Principle: Complainants should submit grievances based on specific facts rather than the company’s strategy, policies, or guidelines, providing sufficient and complete evidence and supporting materials.

2. Relevance Principle: Complainants may submit grievances for themselves or on behalf of other individuals, groups, or organizations, as long as the grievance is related to the company’s products, supply chain, business management decisions, or activities. Grievances unrelated to the company’s activities or supply chain will not be accepted.

3. Confidentiality Principle: Both the complainant and the company shall handle grievances with strict confidentiality. During the grievance handling process, neither party shall publicly disclose information about the grievance or its progress until the process is completed.

4. Timeliness Principle: Complainants should submit grievances within a reasonable period after becoming aware or reasonably expected to become aware of relevant facts to allow timely investigation and handling. The company shall promptly process the grievance upon receipt and provide a response. Whenever possible, the company shall acknowledge receipt of the grievance and provide updates on the handling process and outcomes. Decisions regarding grievances should be made by personnel unrelated to the activities involved in the grievance or be reviewed and approved by such unrelated personnel.

5. Grievance Channels

The company has established multiple grievance channels at both departmental and company levels, including:

1. Departments shall set up grievance channels and methods within their business processes, such as suggestion boxes and employee consultation meetings

2. 

3.  for departmental employees, as well as customer satisfaction surveys and other channels for stakeholders who have business relationships with the department.

4. The company shall establish, publicize, and maintain company-level grievance channels, including the company website, general manager’s email, and social media, ensuring that channels are publicly accessible.

5. The company has established the Responsible Minerals Due Diligence Management Team, led by the general manager and including a primary head from production, marketing, and general management departments. Complainants may submit grievances to the Task Force by calling the company at 0734-8310516 or by sending an email to jingyingbu1@hnhyhkxc.com.

6. Grievance Procedures

All grievances shall follow the procedures below:

1. Complainants must complete the company’s designated Supply Chain Due Diligence Grievance Form (Appendix 1) to explain the facts and claims of the grievance. The department receiving the grievance shall complete a Supply Chain Due Diligence Grievance Record and request confirmation from the complainant.

2. Grievances received through departmental channels shall be first handled by the respective department under the principle that the department first receiving the grievance shall take initial responsibility for handling it. If the grievance involves another department, the complainant shall be assisted to forward the grievance to the relevant department within three working days and be informed of the transfer.

3. Upon receiving a grievance, the relevant department shall first assess whether it meets the acceptance conditions in Sections 2 to 4 of this procedure. If not, the complainant shall be informed within three working days, the grievance shall be closed, and records shall be kept on the Supply Chain Due Diligence Grievance Form.

4. If the grievance is acceptable, the department shall investigate and respond within 10 working days within its authority, providing handling opinions. If the complainant accepts the response, the grievance is concluded. If not, the department shall assist the complainant to submit the grievance to the Responsible Minerals Due Diligence Management Team within five working days.

5. Once submitted to the Task Force, the grievance shall be reviewed within five working days, with additional investigation if necessary. The Team shall endeavor to provide a final company-level response or resolution within 15 working days. If the complainant accepts the resolution, the grievance is officially closed. If not, external resolution channels, including judicial avenues, may be pursued.

6. Grievances involving multiple departments shall be notified to the Task Force by the department first receiving the grievance and handled according to the procedures in point (5).

7. If the same grievance is submitted again by the same or different complainants after previous handling under this procedure, the department or Task Force shall inform the complainant of the previous results and shall not accept the grievance. However, if the complainant is dissatisfied with the implementation of the previous resolution, they may resubmit a grievance.

7. Grievance Outcomes

After receiving a response, handling opinion, or resolution, the complainant shall cooperate with the relevant department to complete the “Complainant Confirmation” section of the Supply Chain Due Diligence Grievance Form, agreeing to accept the result and not submit the same grievance or pursue other dispute resolution mechanisms, and shall sign to confirm.

The outcome shall be recorded in three copies of the Supply Chain Due Diligence Grievance Form (Appendix 3):

1. One copy for the complainant;

2. One copy for the relevant department(s) involved (if multiple, additional copies may be made);

3. One copy for the Responsible Minerals Due Diligence Management Team for consolidation and archiving.

8. Protection of Complainants

The company commits not to take any form of retaliation against complainants. Anonymous complainants’ information shall be protected. No one is allowed to retaliate against a complainant for any reason. Employees who fail to maintain confidentiality and cause harm to complainants’ interests may be subject to disciplinary action, and in severe cases, referred to judicial authorities.

9. Implementation

1. This procedure is effective as of January 15, 2023 and has been published on the company website.

2. The Responsible Minerals Due Diligence Management Team has the final authority to interpret and revise this procedure.

Hengyang King Xing Lifeng New Materials Co. Ltd

15 Jan 2023

 

Appendix III: Supply Chain Due Diligence Grievance Form

 

Complainant Name:


Occupation:


Relationship with Company:

Contact Information:


Date of Incident:


Details of Facts, Reasoning, and Grievance Requests (attachments and supporting evidence may be included):

 

Date of Submission:

Complainant Signature:

Handling and Conclusion by Relevant Department:

 

Department Head:                    Date:

Handling and Conclusion by Responsible Minerals Due Diligence Management Team:

 

Task Force Leader:                   Date:

Complainant Confirmation:

 

Complainant:                        Date:

 


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