Gifts and invitations
“Wherever we are located, we are determined to act as a responsible and honest Company, respectful of mankind and the law...”
Michelin Performance and Responsibility Charter (2002), Implementing our values, exercising our responsibilities
The Group does not tolerate any form of corruption, whether public or private, active or passive, direct or indirect. The Group is committed to conducting its business honestly, not to improperly influence a business partner, an official or any other natural or legal person.
In business relationships, the exchange of gifts or hospitality can affect the independent judgment of employees in their dealings with external partners. Likewise, the Group has undertaken not to accept any hospitality or invitation which could harm its reputation.
Definitions
Unreasonable gifts and entertainment may constitute bribes.
Group policies apply to gifts and entertainment:
- Given or received;
- Directly by an employee or indirectly by a third party representative of the Group;
- Directly to a Group employee or indirectly to a member of their family.
A third party representative is any natural or legal person who acts on behalf of the Group. For example: lobbyists, lawyers, sales representatives, or intermediaries. All inappropriate actions and decisions of these external third parties could be attributed to the Group. Their behavior should be in close accordance with this Code and any policies that apply to their activities.
Guiding Principles
Any employee or third-party representative of the Group is prohibited from accepting a gift, invitation or any other advantage that could affect their judgment, impartiality or independence and cause them not to act in the best interests of the group.
Each employee or third-party representative must adhere to the Group gifts and invitations policy as well as any Region (or other) applicable policy.
Receive
a gift or invitation
Group employees and members of their families, and third-party representatives of Michelin, must, as far as possible, refuse gifts and invitations from a supplier, customer or third party.
A gift or an invitation could be accepted if it meets the following criteria:
- Complies with this Code and applicable gift policy(ies);
- Of reasonable value;
- Occasional;
- For a legitimate business purpose;
- Authorized by a specific policy or validated by a manager and registered in the applicable Gift Register*.
In case of doubt it is recommended to politely refuse the gift.
Give
a gift or invitation
Gifts and hospitality that could inappropriately influence the professional judgment of the recipient are prohibited.
A gift or an invitation could be offered if it meets the following criteria:
- Complies with this code and applicable gift policy(ies);
- Of reasonable value;
- Occasional;
- For a legitimate business purpose;
- Authorized by a specific policy or validated by a manager and registered in the applicable Gift Register*.
When in doubt, it is recommended to avoid giving gifts.
*Each Region must keep a Gift Register. Gifts, given or received, that are not authorized by a specific policy but which may be deemed acceptable by Michelin management are recorded in this Register. The following must be mentioned: the nature, value and motivation of the gift, as well as the decision taken (refusal, acceptance then donation or sharing in the department, etc.)
Do: I must
- Know and comply with the gifts and invitations policy that applies to my professional activities.
- Explain to business partners the applicable gifts and invitations policy, to avoid any misunderstanding.
- Speak with my manager and the Legal Department if in doubt.
Don't: I must not
- Accept gifts and invitations that could influence my behavior in the practice of my professional activities.
- Give or accept gifts or entertainment of unreasonable value.
- Give or accept gifts or invitations without informing my manager.
Practical case 1
Your Region's gift policy allows employees to accept promotional gifts valued at less than a certain amount. A supplier offers you, as a buyer, a beautiful crystal decanter personalized with the company’s logo, the value of which could exceed the amount authorized by the gift policy. You don't want to offend the supplier; can you accept this gift?
Yes. You can accept this gift if you use it only for professional purposes. You must register it in the Gift Register if its value exceeds the amount authorized in the applicable Gifts and invitations policy.
Practical case 2
You are the Key Account Manager for X, a big customer. Over the past six months, your business relationship has deteriorated. Your customer's purchasing manager has brought this to your attention. You want to invite your customer to dine in a 2-star Michelin restaurant in an attempt to maintain the account. Is this practice allowed?
You should consult the gifts and invitations policy in force in your country and discuss it with your manager. While occasional meals of reasonable value are tolerated, a dinner in a Michelin-starred restaurant could be considered to be of an unreasonable value. In case of doubt, consult the Legal Department.
