This policy is intended for PMB Technology Berhad (“PMBT” or the “Company”) and all subsidiary companies within the PMBT Group (the “Group”).
All employees of the Group play an important part in maintaining the highest level of corporate ethics within the Group and have a professional responsibility to disclose any known malpractices or wrongdoings (hereinafter referred to as “Concerns”).
The main objectives of the Policy are:
3. Scope and Safeguards
A person or entity making a protected disclosure is commonly referred to as a “Whistle-blower”. Whistle-blowers provide initial information related to a reasonable belief that an improper activity has occurred
Whistle-blowers are protected against being dismissed or penalised by the Group and the Group will consider mitigating circumstances if the Whistle-blower himself/herself is involved in the activity that he/she reports
A Whistle-blower’s right to protection from retaliation does not extend immunity for any complicity in the matters that are the subject of the allegations or an ensuing investigation
This Policy applies to all Directors and employees of the Group, including full time, part time and contract employees and outside parties such as vendors, clients, contractors and other stakeholders.This Policy governs the reporting and investigation of improper or illegal activities as well as the protection offered to the whistle-blower who act in good faith.
4. Harassment or Victimisation
Harassment or victimisation for reporting concerns under this Policy will not be tolerated.
Complete protection will be given to Whistle-blower against any unfair practice not limited to retaliation, threat or intimidation of termination/ suspension of service, disciplinary action, transfer, demotion, refusal of promotion, or including any direct or indirect use of authority to obstruct the Whistle-blower’s rights to continue to perform his/her duties including making further disclosure.
The Whistle-blower will be protected under the Whistleblower Protection Act 2010 if he or she makes a disclosure in good faith to an enforcement agency.
Every effort will be made to treat the Whistle-blower’s identity with appropriate regard for confidentiality. The Group gives the assurance that it will not reveal the identity of the Whistle-blower to any third party not involved in the investigation or prosecution of the matter. The only exception to this assurance relates to an overriding legal obligation to breach confidentiality. The Group is obligated to reveal confidential information relating to a whistle-blowing report, if ordered to do so by a court of law. The Group’s assurance of confidentiality can only be completely effective if the Whistle-blower likewise maintains confidentiality.
6. Anonymous Allegations
This Policy encourages employees to put their names to allegations because appropriate follow-up questions and investigation may not be possible unless the source of the information is identified. Concerns expressed anonymously will be explored appropriately, but consideration will be given to:
Chief Executive Officer
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Chairman of Audit Committee
InquiriesInitial inquiries will be made to determine whether an investigation is appropriate, and the form that it should take. Some concerns may be resolved without the need for investigation.If an investigation leads the Investigator to conclude that the suspect has engaged in conduct that may be a violation of the Group’s Code of Ethics or Code of Conduct or the law and regulations, the results of the investigation shall be reported to the Chairman of the AC in accordance with the applicable procedures for company conduct and the administration of discipline. Any charges of misconduct brought as a result of an investigation under this policy shall comply with established disciplinary procedures.If an investigation leads to the Investigator to conclude that a crime has probably been committed, the results of the investigation shall be reported to the Chairman of the AC. The AC shall bring forward the results of investigation to the Board of Directors (“Board”). The Board shall decide on the appropriate next course of action to be taken.
8. Duties and Responsibilities of The Chairman of The AC
The written report of the conclusion of all cases shall be properly documented. The report shall be made available upon request by any members of the AC.
10. Policy Matters
This Policy shall be published at the Company’s website and shall be displayed prominently at all the Group premises.
11. Review Of The Policy
This Policy shall be reviewed periodically by the AC. Revisions, amendments and alterations to this Policy can only be implemented with the approval of the Board.
This policy was reviewed and approved by the Board on 24 February 2020.