Whistle Blowing Policy

1.     Overview and Objective

Esthetics International Group Berhad (“EIG” or the “Company”) is committed to ensuring that every part of the operation is carried out professionally in accordance with relevant laws, rules, regulations, business ethics and conduct.

This policy is formulated to provide all employees of EIG, its subsidiaries and associate companies a formal and confidential avenue to report genuine concerns in an independent and unbiased manner in relation to any form of wrongful activities at an early stage and through appropriate channels. This may include matters covered by the Company’s Code of Business Conduct and Ethics, legal issues and accounting or audit matters.

EIG is committed to ensuring that its employees are able to raise genuine concerns in relation to a breach of legal obligation, fiduciary duty, and miscarriage of justice at the earliest opportunity without being subject to victimization, harassment or discriminatory treatment and to have such concerns properly investigated.

This Policy shall complement and be read together with all of EIG’s policies including EIG’s Anti-Bribery and Corruption Policy.

2.     Scope

This Policy applies to all individuals under the employment of EIG at all levels, whether permanent, fixed-term or temporary, and wherever located including the management of EIG (“Employee(s)”).

EIG expects and encourages that all and any third party including external parties performing work or services on behalf of EIG to use this Policy in the event there is a suspected misconduct that should be reported.

3.     Types of reportable concerns

Reportable concerns of Misconduct which should be reported may include the items below:

• Criminal offence under law, such as fraud, corruption, forgery, theft, criminal breach of trust, insider trading, abetting or intending to commit criminal offences
• Acceptance, involvement or solicitation of a bribe, or a favour in exchange for direct or indirect personal benefits or for benefits to EIG
• An infringement of any of EIG’s policies, procedures, processes and terms and conditions of service or the applicable laws and regulations,
• Misappropriation of assets
• Coercion, harassment or discrimination by, or affecting any personnel
• Misuse of confidential information
• Health and safety risks, including risks to the public as well as other employees
• Conflict of interest
• Unethical conducts

If a person is unsure whether a particular act or omission constitutes a misconduct under this Policy, they are encouraged to refer to EIG’s Employee Handbook or EIG’s Code of Conduct or seek advice from EIG’s Human Resource Division.

4.     Requirement for Reporting of Misconduct

All Employees are expected to notify their immediate supervisor or the channels listed in this Policy promptly of any possible Misconduct. Failure of an Employee to report is a violation of EIG’s Code of Conduct and may warrant disciplinary action.

5.     Reporting in Good Faith

The Company expects all parties to act in good faith and have reasonable grounds when making a report. If allegations are made with malicious intent, the Company will take appropriate action against the parties concerned including legal action, where applicable. The element of good faith shall be deemed to be lacking when:

• The person does not have personal knowledge or a factual basis for the report of Misconduct;
• Where the person making the report knew or reasonably should have known that the report or any of its contents are false;
• Where the report is frivolous and vexatious, or
• There are any other circumstances that indicate that the report has been made with malicious intent, ulterior motive or for personal gain.

An Employee making allegations or reports that are proven to have been made in bad faith will be subject to disciplinary action, which may include summary dismissal.

6.     Confidentiality and Anonymity

All reports submitted by whistle blower are treated as strictly confidential and or anonymous and every effort will be made not to reveal his or her identity.

There may be circumstances where it will be necessary to disclose the identity of the Whistleblower for purposes of investigation. If such circumstances arise, the person in charge of the investigation shall endeavour to inform the Whistleblower that his/her identity is likely to be disclosed and to obtain his/her consent prior to said disclosure.

In order not to jeopardise any investigatory process, the Whistleblower shall make all reasonable efforts to maintain the confidentiality of the Confidential Information, in particular, the fact that a report has been lodged, the nature of the Misconduct and the identity of the person(s) who have allegedly committed the Misconduct.

Under the provisions Of the Act, the whistleblower and witness will have confidentiality of immunity from civil and criminal action, as well as other detrimental action.

7.     Protection

Any Employee who makes a report of Misconduct in good faith shall be accorded with protection against retaliation, and not be subject to disciplinary action including dismissal, victimization, demotion, suspension, intimidation or harassment, hostility, discrimination, any action causing injury, loss or damage or any other retaliatory action (each a “Detrimental Action”) by EIG.

Any Employee who makes a report of Misconduct in good faith and is subsequently subjected to Detrimental Action may lodge a complaint against the individual purported of committing such Detrimental Action to the Group Managing Director & CEO and/or Senior Independent Director of EIG.

Any Employee may not avail himself/herself to protection against Detrimental Action in the following circumstances:

• If the report of Misconduct or any material statement in the report is false and not made in good faith;
• If the Employee himself/herself has participated or involved in the Misconduct reported;
• The report of the Misconduct is made solely or substantially with the motive of avoiding dismissal or other disciplinary action; or
• The Employee breaches the obligation of confidentiality as stated in this Policy.

Any Employee who commits a Detrimental Action against any Employee who has made a report of Misconduct in good faith shall be subjected to disciplinary action, which may include summary dismissal by EIG.

8.     Reporting procedures and documentary evidence

An Employee who intends to lodge a report on Misconduct may lodge such report to their immediate supervisor or General Manager of Human Resources. The Employee may also lodge their report in writing via email to the following Channel of reporting to the Director of Corporate Affairs and/or Senior Independent Non-Executive Director at whistleblower@estheticsgroup.com.

Such report shall be in writing, detailing all evidence or reasons of belief for the making of such report. Such report should contain:

• Description of the Misconduct;
• The person or persons involved in the Misconduct;
• The date or dates on which the Misconduct is believed to have occurred;
• The location or place which the Misconduct is believed to have happened, and other pertinent information (who, what, when, where and how).

9.     Channel for investigation

All report on whistle blowing will be escalated to the Director of Corporate Affairs and/or Senior Independent Non-Executive Director the outcome of the investigation will be communicated to the whistle blower in due course. Any misconduct from any person shall be treated in accordance to the Employee Handbook.

10.     Decision

All findings of the investigations pertaining to Misconduct shall be submitted to the Group Managing Director & CEO of EIG to review and decide on disciplinary and corrective action to be taken.

11.     Whistleblower Protection Act 2020

The Whistleblower Protection Act 2020 (“Act”) accords protection to persons making disclosures of Misconduct in the public and private sector from civil and criminal action. In addition, the Act allows for the proper investigation to be carried out by an enforcement agency.

If an Employee wishes to make a Misconduct report pursuant to the Act, then the reporting Employee will have to make the said report to the relevant enforcement agency. Any investigations and/or actions taken thereafter would be in accordance with the Act and the relevant legislations, and are independent of the procedures described in this Policy.

Downloadable copy of Whistle Blowing Report form can be found as follow..