Speak up

Kazakhmys Group focuses efforts on supporting corporate culture demonstrating commitment to principles of good faith, transparency and integrity.

Since 2012, Speak Up Alert Reporting Service has been launched to sustain positive corporate image. This service aimed at identification and prevention of violations including fraud, corruption, discrimination, unethical behavior and etc.

It enables employees, partners, counterparts and other interested parties to report wrongdoing when suspected as well as request for clarifying information on issues concerned.

To ensure confidentiality and anonymity, all reports/appeals are collected and processed by a hotline operator who reporting on a daily basis and submitting reports/appeals for consideration to the Section on Legal Support of Anti-Corruption Policies, Legal Services Department.

At the same time, the hotline is not designed for the purposes of putting pressure on employees and counterparties and/or enforce them to commit/avoid some actions, as well as taking revenge/settling a score either.

Three options are available for legal entities and individuals to report wrongdoing: - to call to the free-of-charge hotline at 8-800-080-8089; - to send message to WhatsApp of Speak Up Service at +7 708 436 2058; - to send message to e-mail: speakup@kazakhmys.kz or to the office of Kazakhmys Corporation LLC.

Totally 181 appeals were registered in 12 months, 2023 by Speak Up Service (against 85 appeals in 12 months of 2022, an increase of + 112.94%).

Out of 181 appeals - 174 (against 82) were considered, 4 appeals (against 0) are under consideration, 2 appeals (against 1) were forwarded to the jurisdiction, 0 appeals were left without consideration (in 12 months 2022 - 2 appeals were left without consideration on the basis of paragraph 6.4 of the Instruction (the essence of the issue is not stated, the full name of the employee of the Kazakhmys Group Company, whose actions are being appealed is not indicated and it is not possible to establish this information), on 1 appeal - the proceeding was terminated on the basis of paragraph 6.5.2 of the Instruction (written substantive answers have already been given on this appeal in connection with previously sent appeals, this appeal does not provide new arguments or circumstances). During the same period of 2022, no decisions were made to terminate the proceedings on the appeal.

Out of 174 considered appeals (against 82) - 43 appeals (against 15) were satisfied. Based on the results of the inspections, 1 statement of claim was sent to the Balkhash City Court to evict Mr. Sarsenbayev from the dormitory; the court decision approved the lawsuit. Six orders were issued to eliminate violations, 6 employees were brought to disciplinary liability, 62,500 KZT were reimbursed for sanatorium and resort treatment costs.

However, the arguments set out in the appeal do not always correspond to the actual circumstances, and are confirmed in the course of the inspection. Thus, out of 174 appeals (against 82) reviewed - 64 appeals (against 46) were declined.

67 considered appeals (against 21) out of 174 (against 82) did not require verification, and clarifications were given on them.

Out of 181 appeals received (against 85): 65 appeals or 35.9% (against 31or 36.5%) related to labor relations, occupational safety and health; 45 appeals or 24.9% (against 13 or 15,3%) concerning incorrect operation of the Kazakhmys Career website; 14 appeals or 7.7% (against 0) concerning non–compliance with Anti-Corruption Code (breach of business ethics standards and rules of conduct, non-compliance with the requirements of the Regulations for Conflicts of Interest Management, assistance in securing employment for monetary remuneration); 11 appeals or 6.1% (against 21 or 24.7%) related to the actions of executives; 9 appeals or 5% (against 7 or 8, 2%) related to organization of purchases of goods, works and services; 37 appeals or 20.4% (against 10 or 11.8%) related to other matters.

Across enterprises: 181 appeals were received (against 85 appeals in 12 months of 2022). The breakdown is as follows: Kazakhmys Corporation LLC – 133 appeals or 73.5% (against 46 or 54.1%); Kazakhmys Smelting LLC – 20 appeals or 11.1% (against 16 or 18.8 %); Kazphosphate LLC – 2 appeals or 1.2% (against 0); Kazakhmys Energy LLC – 3 appeals or 1.7% (against 3 or 3.5 %); FZE LLC – 1 appeal or 0.6% (against 0); Zhanashyr Project LLC – 5 appeals or 2.8% (against 0); Zhezkazgan Medical Center LLC – 2 appeals or 1.2% (against 0); Kazakhmys Distribution LLC – 4 appeals or 2.2% (against 4 or 4.7%); GRET LLC - 1 appeal or 0.6% (against 1 or 1.2 %); Kazakhmys Coal LLC – 1 appeal or 0.6% (against 0); Kaztsentrnaladka LLC – 1 appeal or 0.6% (against 0); Maker LLC - 1 appeal or 0.6% (against 0); other – 7 appeals or 3.9% (against 15 or 17.7%).

Out of 181 appeals (against 85 in 12 months 2022) came to the hotline, the following groups are presented: Employees of Kazakhmys Group companies – 81 or 44.8% (against 45 or 53%); Candidates for vacant positions - 50 or 27.6% (against 13 or 15.3%); Relatives of the employees and of candidates for vacant positions – 22 or 12.2% (against 6 or 7%); Counterparties, beneficiaries, renters – 15 or 8.3% (against 7 or 8,2%); Representatives of state authorities – 3 or 1.6% (against 0); Others – 10 or 5.5% (14 or 16,5%).

35 appeals out of 181appeals or 19.3% (against 31 out of 85 or 42.3%) are anonymous. Out of 35 anonymous appeals, 11 appeals (against 4) – were confirmed, 13 appeals (against 23) – were declined, for 8 appeals (against 2) – clarification was provided in corporate teams, 1 appeal (against 0) was sent within jurisdiction, 2 appeals (against 0) – are under consideration, 0 (against 2) left without consideration.

However, it should be noted that disclosure of appealer’s personal details significantly increased efficiency of settling the claims. On the contrary, it was less likely to examine all evidence due to anonymity.

Timeliness, quality and completeness of their consideration are ensured for all appeals received by the Speak Up Service, and continuous monitoring is carried out in order to identify the facts of application of repressive measures to persons who have applied to the Speak Up Service.

Өтініш берушінің жеке деректерін ашу кезінде өтінішті шешудің тиімділігі едәуір артатынын және керісінше, анонимділікке байланысты өтініш берушілермен тікелей байланыс мүмкіндігі жоқ екенін және соның салдарынан барлық дәлелдерді қарау ықтималдығы төмендейтінін атап өту қажет.

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