B - Code of Ethics (Legal and Governance)
B - Code of Ethics (Legal and Governance)
COMPENDIUM
Sub document
Code of Ethics
1. Independence
We shall always be able to act in a manner consistent with our The AIESEC Way, without limitation from
external pressures. Our membership should be involved in our major decision-making processes.
1.1. Political interferences- We aim to be politically independent: no partnership shall commit us to a direct
political agenda. We will not allow any political movements to influence or interfere with the political
neutrality that is crucial to the nature of AIESEC. Our governance, programs and policies shall be non-
partisan, independent of specific governments, political parties and the business sector. In addition, we
will diversify our sources of income so as not to become dependent on any one source that could
compromise our AIESEC Way.
1.2. “Political agenda has been defined as supporting a political agenda in a country. E.g. Being involved in
party politics etc.”
AIESEC seeks to partner with organizations that can assist us in developing characteristics in individuals that
we believe are critical in creating change agents. We seek to work in genuine partnership with local
communities, NGOs, companies and other organizations with awareness of sustainable development
responding to local needs.
We shall not partner with organizations that directly promote war or violence. We shall not partner with
organizations that discriminate on the basis of race, colour, sex, sexual orientation, creed, religion, and national
or ethnic origin.
We shall not partner with organizations that negatively affect our image in the external environment. We
recognize that organizational integrity extends to ensuring that our partners also meet the highest standards
of organizations or persons who are not involved in illegal or unethical practices. For example, companies
engaged in the manufacture of tobacco and arms, as stated in AIESEC’s international compendium.
2.1. Use of Donations- In raising funds, we will accurately describe our activities and needs. Our policies and
practices must ensure that donations further contribute to our organization's mission. Where donations
are made for a specific purpose, the donor's request is honoured. If we invite the general public to donate
to a specific cause, each organization will have a plan for handling any shortfall or excess and will make this
known as part of its appeal.
2.2. Gifts in kind- Some donations may be given as goods or services. To retain our effectiveness and
independence, we will: record and publish details of all major institutional gifts and gifts-in-kind; clearly
describe the valuation and auditing methods used; and ensure that these gifts contribute towards our
mission.
3.1. Relations with Local Committees- We consult actively with our member and local committees in the
development and implementation of policies and activities that have an impact on them.
3.2. Relations within teams and committees -We treat each other with respect and consideration. We
communicate and consult with each other openly and collegially and in a manner that assists each of us to
fulfil our duties and responsibilities faithfully and efficiently. We undertake to ensure adequate
consultation with any member before making any decision, which may impact that staff member.
3.3. Relations with external stakeholders- We commit to keeping our promises towards our stakeholders
keeping in mind our value of excellence.
We value, respect and encourage diversity, and seek to be impartial and non-discriminatory in all our activities.
To this end, each local committee will have policies that promote diversity, gender equality and balance,
impartiality and non-discrimination in all our activities, both internal and external.
4.1. Transparency
We are committed to openness, transparency and honesty about ourselves. We communicate actively to
stakeholders about ourselves and make relevant information publicly available.
4.2. Confidentiality
We will treat information obtained while working with AIESEC with confidentiality, when its nature calls
for it or when it is explicitly requested and will not use any such information or materials to further a
private interest. This obligation continues after separation from AIESEC. We will be as open as possible
about all decisions and actions we take, taking into account the above-mentioned needs for
confidentiality. Each member is also under the obligation to strictly adhere to the Data Protection
Principles as updated and amended from time to time.
5.1.1. Each AIESEC Entity ensures that resources are used efficiently and appropriately, that performance is
measured, that financial integrity is assured and that public trust is maintained.
5.1.2. Each AIESEC Entity has written procedures covering the appointment, responsibilities and terms of
members of the leadership team, and clear discharge mechanisms are in place
5.1.3. Each AIESEC entity will have a supervisory body that gives input and advice, and also monitors the
activities and finances, using their professional experience for the growth and development of the
association.
5.1.4. Each AIESEC Entity shall respect the existence of other AIESEC Entities, and refrain from expanding
its Governance, Professional Relations, and/or Business in the regions of other existing AIESEC
Entities, without a formal consent of the involved Entities and AIESEC in India MC.
5.2. Reporting
5.2.1. The ESC shall create a report and present it to the Focus commission at January Legislative Meeting
and July Legislative Meeting (Subject to Conference and Legislative Meeting timelines).
5.3. Audit
No payment on behalf of AIESEC (including those by cash) may be done without adequate supporting
documentation or authorization or made with the intention or understanding that any part of such
payment is to be used for any purpose other than as described by the documents supporting the
payment.
6. Human Resources
We recognize that our performance and success reflect the quality of our staff, volunteers and management
practices, and we are committed to investing in human resource development. Remuneration and benefits
should strike a balance between public expectations of volunteer-based, not-for-profit organization and the
need to attract and retain the talent we need to fulfil our mission. Our human resources policies seek to
conform fully to relevant international and national labour regulations and apply the best voluntary sector
practices in terms of employee and volunteer rights, health and safety at work. Human resources policies will
include procedures for evaluating the performance of all staff on a regular basis. All members are required to
strictly adhere to the E_HR Policy (or by any other name called) as updated in the last legislative meeting.
9. Conflict of Interest
In our work, conflict may arise between our personal interests and the interests of AIESEC or other
stakeholders. We will disclose such conflict and resolve it in a transparent manner. We will disclose such
conflict and resolve it in a transparent manner.
A conflict of interest situation arises when the “private interests” of the member competes or conflicts with the
interests of AIESEC. “Private interests” means both the financial and personal interests of the members or
those of their connections including: family members and other close affiliates; personal friends; the clubs and
societies to which they belong; and any person to whom they owe a favor or are obligated in any way.
Members should avoid using their official position or any information made available to them in the course of
their duties to benefit themselves, their affiliates or any other persons with whom they have personal or social
ties. They should avoid putting themselves in a position that may lead to an actual or perceived conflict of
interest with AIESEC.
14.1. AIESEC is registered in India as a society under the Societies Registration Act XX1 of 1860 with
registration number 45624 of 2003.
14.2. Cases that are in the nature of criminal act or sexual harassment will be subject to the Laws of India.
15.1. Appointment
15.1.1. The Committee shall comprise of the MCP, MC ESC Responsible, the ESC Chair and ESC Members.
15.1.2. The term of the MCP and MC ESC Responsible in the ESC will be from July - June of the subsequent
month; subject to change with MC timelines.
15.1.3. The term of Ethics Sub Committee Chair will begin post-January Legislative Meeting till the end of the
succeeding year’s January Legislative Meeting.
15.2.1. Receiving, reviewing, investigating and resolving concerns and reports on the matters described in
this Code.
15.2.2. Take suo-moto action in the event there has been an act or omission of an act which according to the
ESC is including but not limited to non-compliant, unethical or not consistent with The AIESEC Way.
15.2.3. Interpreting and providing guidance on the meaning and application of this Code.
15.2.4. Reporting periodically and as matters arise to the FOCUS Commission of AIESEC in India on the
implementation and effectiveness of this Code and other compliance matters, and recommending
any updates or amendments to this Code as deemed necessary or advisable.
15.2.5. Offer guidance, mediation and consultation, as well as investigate ethical cases.
15.2.6. Ensure education and ownership around the Code of Ethics locally (case-studies - worst/good case),
encourage internal dialogue on ethics and provide guidance for members.
15.2.7. Ensure that internal systems, policies and procedures are consistent with this Code.
15.3.1. If a problem (interpretation, application or suspected violation of the Code) occurs at the Local or
National level, the following steps will be followed:
15.3.1.1. Find a solution within the Local/National team through discussion and mutual agreement. Each
Local/National committee should have an Ethics' responsible (preferably the LCP or the EEP) and
clear procedures in place to solve issues that occur at the Local/National level.
15.3.1.2. If they are not comfortable directly confronting members concerned or it is not possible or
feasible, anybody aware of the problem can use the "whistleblowing" procedure.
15.3.1.3. The Ethics Sub Committee has the right to make the final decision on the case. The ESC shall be
the body to analyse the case and can:
15.3.1.3.1. Forward the case to the Local Committee President of the LC.
15.3.1.3.2. Solve the case and give recommendations to the National Plenary.
15.3.1.5. The ESC is responsible to solve cases or provide recommendations to the National Plenary
regarding violation of the Code of Ethics.
15.3.1.6. The ESC shall decide and dispose of the case within 4 months from the date of filing of the case
until and unless an extension is provided from the MCP for any specific case.
15.3.1.6.1. The ESC will apply for the extension (if applicable) through an email to the MCP. The
extension given at a time can only be for a duration of two months.
15.3.1.6.2. Post the extension deadline if the case is not solved, a report will be sent out to the MCP
specifying the reasons for the same, and the case will be closed as unsolved.
15.3.1.7. Throughout the process, it is essential that we respect the principle of differentiating the
individual vs. the country, the action as unethical as opposed to the person/entity being unethical
as well as preserving the confidentiality of the whistle-blower’s identity if specifically requested.
15.4.1. All cases should be recorded for references and should be kept confidential by the ESC.
15.4.2. All the cases shall be stored on a drive folder under the email id [email protected] in chronological order.
15.4.3. The access to the drive and all the information stored rests only with the MC ESC Responsible and
Ethics Sub Committee Chair of AIESEC in India in succession.
15.5.1. The final decision will be taken through the mutual consent of ESC members.
15.5.2. The ESC shall ensure that the entire process of Whistleblowing is confidential, and no information
shall be given out unless a final decision has been made.
15.5.4. In cases that involve MCVP or LCP, the MCP will have the final decision-making power.
16.1. The AIESEC in India Whistleblowing Mechanism aims to clearly outline the principles and procedures
related to the management of unethical activities across all the entities of AIESEC in India.
16.2. The Ethics Sub Committee is an independent body within the purview of AIESEC in India and is
responsible for all cases filed by the whistle-blowers.
16.3. Whistleblowing Mechanism is a system that shall be monitored by a committee appointed by ESC Chair
and/or MC ESC Responsible, to audit and provide a verdict of mutual consent of the ESC on cases as
specified in this document.
16.4. All members of AIESEC in India shall be enabled and encouraged to report and attract ESC’s attention to
any wrongdoing by a single person or a group of individuals, towards activities that may not comply with
the laws of the nation and/or the mission and commitments of AIESEC, including the provisions given
under our Code of Ethics.
16.4.1. Any member can blow a whistle and has the right to choose if their Identity should be revealed or not
at the time of the investigation.
16.4.2. While filing the case, the whistleblower should reveal their identity to the Ethics Sub Committee or
else the case shall not be taken forward.
16.4.3. If the Ethics Sub Committee reveals the identity without consent of the whistleblower then the body
shall be terminated from their role.
16.4.4. The Whistleblowing Mechanism shall also be used to make our membership aware and educate them
about ethical behaviour and the organization's Code of Ethics.
16.4.5.1. Bring to the attention of the ESC any improper practice they become aware of and must have
sufficient cause for concern. Delay in reporting may lead to loss of evidence and also a financial
loss to AIESEC.
16.4.5.2. Follow the procedures as prescribed and changed from time to time.
16.4.5.4. A whistleblower has the right to protection from retaliation. But this does not extend to immunity
for involvement in the matters that are the subject of the allegations and investigation. In the
event a whistleblower seeks protection, ESC shall first determine as to whether the request is
genuine by seeking proofs evidencing that the whistleblower is at risk of subsequent
victimization, discrimination or disadvantage and accord protection to the whistleblower as
deemed fit, on a case-to-case basis.
16.5.1. Every member of AIESEC in India needs to be aware of the Whistleblowing Mechanism document.
16.5.1.1. Local Committee Presidents must ensure awareness about the Whistleblowing Mechanism in
their Local Committees, Official Expansions and Business Units.
16.5.1.3. Local Committee Presidents must ensure that the whistleblower is not victimized for doing so.
16.5.1.5. Local Committee Presidents must take disciplinary action if anyone destroys or conceals evidence
in the case initiated.
16.5.1.6. Local Committee Presidents must provide an opportunity of being heard to the persons involved
in the case.
16.5.2.8. Any other illegal or unethical practices against the objectives of AIESEC
16.5.3.1. An email ID in form of [email protected] made accessible to everyone for reporting any case to the
Ethics Sub Committee.
16.5.3.1.1.1. Proof(s) include Screenshots, pictures, emails, text messages and any type of physical
document.
16.5.3.2. The access to this email ID shall only rest with the MC ESC Responsible and ESC Chair of AIESEC
in India.
16.5.3.3. The case shall be considered as registered, only after it has been received and approved by the
Ethics Sub Committee.
16.5.3.4. The ESC must verify first the authenticity of the case. All proof(s) related to the case must be
submitted within 72 hours of confirmation of receipt of complaint by the Ethics Sub Committee.
The case shall be closed in circumstances of lack of proof or invalid allegations. If proof has not
been submitted, the ESC will conduct basic investigation. If no proof can be recovered, the case
shall be closed.
16.5.3.6. Once, the complaint is verified, the ESC must decide if the case is under its scope of action, that is
whether it belongs to the kind of cases specified in this document.
16.5.3.7. Cases that don’t fall under the purview of the ESC, LCPs of the respective LC will be asked to take
forward the case and a report regarding the same will be need to sent to the ESC within 48 hours
after the meeting. An ESC member will be allotted to overlook and manage this case.
16.5.3.8. The Ethics Sub Committee is then responsible to take their investigation forward till they reach a
conclusion while maintaining the confidentiality of the entire process.
16.5.3.9. The ESC chair is responsible for the tracking of the implication of the verdict or solution provided.
16.5.3.10. All complaints should be recorded for references and should be kept confidential by the ESC.
16.6.1. The ESC shall give a response to all the cases registered under the Whistleblowing Mechanism.
16.6.2. The ESC is responsible to investigate all the cases that are described in this booklet.
16.6.3. The ESC responsible for a case shall audit the case and submit a report to Ethics Sub Committee.
16.6.4. In situations where a case involves a member from the ESC, this member shall be disallowed from
participation and shall be denied access to any information during the investigation process and will
play no role in decision making. The rest of the body will continue to play a part in the process.
16.6.5. The ESC shall conduct the enquiry in a fair, unbiased manner and ensure complete fact-finding and
maintain strict confidentiality.
16.6.6. The ESC shall recommend an appropriate course of action - suggested disciplinary action, including
dismissal, and preventive measures and record ESC’s deliberations and document the final report.
16.7.1. Role of ESC post investigation is to give either a verdict and/or a recommendation based on the
specific case.
16.7.2.2. Post the verdict an appeal can be filed subject to the appeal guidelines.
16.7.2.3. The execution/carrying out of the verdict given by the ESC must be done in the next 10 days
or in the specific time mentioned by the ESC.
16.7.2.4. If the verdict is not carried out/executed in the stipulated period, it will result in an automatic
mandate fine of INR 5,000.
16.7.2.5. If the verdict is not carried out/executed in the additional 10 days following the stipulated
period, it will result in a fine of INR 25,000.
16.7.2.6. These fines, if applicable, will be added to any financial consequence mentioned in the ESC
verdict.
16.7.3.1. An appeal can only be filed once post the verdict is delivered.
16.7.3.2. An appeal can only be filed by the plaintiff or the defendant when a new piece of
information/proof is being presented within 120 hours of the verdict being delivered.
16.7.3.3. The Ethics Sub Committee Chair shall appoint another member from the ESC to investigate
the case. In the event where all members of the ESC are involved in the said case’s solving,
the appeal can be taken up by the ESC Chair/MCP/someone jointly appointed by the ESC
Chair and MCP.
16.7.3.4. If the said terms of appointing an appeal reviewer are not possible then the ESC Chair can
present the verdict to the Focus Commission at the next physical/virtual legislative meeting
where the decision will be taken by the Focus.
16.7.3.5. The ESC Chair to present possible outcomes and the case proceedings to the Focus. Post
consultation with the Focus Commission during the legislations using which a vote is called
and a verdict is passed if any of the options receives a two-third majority.
16.7.3.6. In an event where the Focus Commission does not reach a two-thirds majority, the ESC Chair
& the MCP pass out the verdict taking due consideration of the discussions in the Legislative
Meeting.
16.7.4. The decision to accept the appeal lies in the hands of the ESC Chair only.
17.1.1.1. Local Committees and Expansions cannot enter into market areas that are not allotted to them.
17.1.1.2. If there is an issue of Market Breach, the matter should be resolved between both entities by
reaching a mutual agreement through the Entity Heads.
17.1.1.3. In cases where a mutual agreement cannot be found, the case can be put forth to the ESC to
investigate and give recommendations.
17.1.1.5. Implications:
The Market Breach once confirmed by the OPSC shall have the following consequences:
17.1.1.5.1. First Market Breach in an LC: The Entity shall shift the Approval or Member and/or stop
Marketing Activities
17.1.1.5.2. Second and all additional Market Breach in the last 12 Months: Every approval from a market
not designated to the LC will be considered equivalent to a fabricated exchange and will
attract the same consequences. In the case of a member being recruited from a market not
designated to the LC/marketing and attraction material being circulated, a Mandate fine of
INR 5,000 to be levied for every subsequent approval/member/piece of marketing and
attraction material being circulated.
17.1.2.1. Implications:
Any LC that raises an opportunity on the official portal without following the auditing procedures
and guidelines set by the MC and ECB will be subject to a mandate fine of INR 2000 on every
Illegal Opportunity.
17.1.3.1. Any entity involved in “fake” exchanges shall have the implications as mentioned in the APIP.
17.1.3.2. For any cases of fake exchanges that come to ESC, the cases will be passed on to ECB and the ESC
will provide suggestions for the case if and when necessary.
17.1.4.1. Cases that involve AIESEC Interns will first be passed on to the ECB. Only if the ECB feels that the
case is beyond its purview, then the ESC will take over the investigation.
17.2.1.1. Implications:
If found guilty, the wrongdoer shall have to pay to the Local Committee/ Member Committee the
amount of money involved in the wrongdoing, in addition to getting dismissed from the
organisation.
17.2.2.1. Hiding of information of Bank/Cash flow of the LC, any other relevant financial data or the assets
of the LC by any member in the Local Committee including the LCP or LCVP F&L.
17.2.2.2. Implications:
In case of wrongdoing being proved, the individual shall be immediately dismissed from
the organization.
17.2.3.1. Implications:
In case of wrongdoing being proved, the individual shall be immediately dismissed from
the organization.
17.3. Cases Regarding Voting Processes and Election Management
17.3.1. Cases such as a discrepancy in any voting process and/or miscarriage of LCP or MCP
Election process will be directly handled by the ESC. However, the Whistleblowing
Mechanism shall allow anyone to report in such circumstances.
17.3.2. Implications:
17.3.2.1. After validation of proofs by the ESC, the defendant will be suspended from their role for the
duration of the investigation.
17.3.2.3. The voting process of the forum in which the discrepancies is found, will have to be undertaken by
the LC/MC again within a stipulated period as determined by the ESC in the verdict. An ESC
responsible as appointed by the ESC Chair and/or the MCP will be present in the forum to
maintain the legitimacy of the voting process.
17.4.1.1. Any cases of wrongful termination need to be implied from the HR policy.
17.4.1.2. This also will include if a member is terminated for having filed a complaint to the Ethics Sub
Committee.
17.4.1.3. Implications:
17.4.1.3.1. If an LC is found to have wrongfully terminated a member, the LC will have to reinstate
membership of the member or provide them with a Letter of Experience as agreed upon by
the plaintiff and ESC.
17.4.1.3.2. If multiple cases arise, the Entity Head will have to ensure that HR Policy education is carried
out in an LC Forum and the proofs for the same to be sent to the ESC within the stipulated
time as mentioned in the ESC’s verdict.
17.4.2.1. Letters of Experience and Alumni Rights can only be provided to those eligible under the HR
Policy Sub Document.
17.4.2.2. In a situation where the aforementioned are not provided to eligible candidates, such cases need
to be implied from the HR Policy.
17.4.2.3. Implications:
If an LC is found to not have followed due diligence, the LC shall provide the Letter of Experience
and/or Alumni Rights to the plaintiff.
17.5.1. Implications:
17.5.1.1. After validation of proofs by the ESC, the defendant will be suspended from their role for the
duration of the investigation.
17.5.1.2. In case of wrongdoing being proved, the individual shall be immediately dismissed from the
organization.
17.5.1.3. The decision as to whether the case should be reported to the police or judicial system of the
country lies with the plaintiff, with support from the ESC.
17.6.1. Any sexual misconduct will be under the purview of the Internal Committee of AIESEC in India. To
seek redressal or clarifications - members of AIESEC in India can contact them at
[email protected]
17.7.1. Apart from the cases categorized above in the document, the Ethics Sub Committee shall ensure
call-to-action for any case reported to it.
17.8.1. If a person is found guilty of putting a fake case, the member will be terminated from the organisation
immediately.
17.9.1. In a situation where there are multiple cases from representatives of an LC, it will trigger investigation
of the LC’s culture which will be led by MCVP PM.
18.1. Suspension
18.1.1. Suspension of the individual would mean debarring them from the role/position held only after valid
proof has been submitted and it has been verified by the Ethics Sub Committee.
18.1.2. The Suspension shall end with the completion of investigation against the individual.
18.1.3. Cases that have been verified against MC VP or LCP, the MCP will issue the suspension mail.
18.1.4. In situations where the case involves a complaint against MCP and the complaint and proof has been
verified by Ethics Sub Committee, the MCP will be suspended from office and the MCVP F&L shall
discharge all roles of the MCP during the period of investigation.
18.1.5. If MCVP F&L is involved in a case along with MCP, and if the proof and case has been verified, both of
them will be suspended from office.
18.1.6. The role of the MCP shall be discharged by an MCVP who is appointed based on the vote of
confidence by the Focus Commission.
18.2. Dismissal
18.2.1. Dismissal of the individual would mean expulsion from the organization.
18.2.2. In case of wrongdoing being proved, the individual shall be immediately dismissed from the
organization.
18.2.3. In cases where MCVP or LCP have been proved of wrongdoing, the MCP will issue the dismissal mail.
18.2.4. The MCP of AIESEC in India, if and when proved guilty of wrongdoing, shall undergo an impeachment
process according to the compendium of AIESEC in India.
18.3.1. If an entity is found guilty of a market breach, it will count as a market breach case lost for that entity.
18.3.2. If an entity is found guilty of raising an illegal opportunity, it will count as an illegal opportunity
auditing case lost for that entity.
AIESEC India Compendium – Sub Document Code of Ethics 12
18.4. The implications shall not be limited to the aforementioned and can vary case to case upon the
verdict/recommendation passed by the ESC.
18.5. Any financial consequence including mandated fines levied by the ESC post the deadline of the execution
of the verdict will immediately count as MC-LC/LC-LC Dues. The ESC must report to the MSC and MCVP
F&L on the dues as a part of the verdict on any LC or the MC. The same is to be checked and made part of
the MC-LC/LC-LC dues check that is conducted by the MSC.
20.1.1. The ethics counsellor will act as a consultant to the ESC and the MC with the intention of reviewing
ethics cases and case solving procedure to ensure the organisation does not face any PR risks and to
advise on the robustness of the case solving mechanism
20.2.1. To identify and advise on scope of improvement in AIESEC India’s ethics case solving mechanism
20.2.2. To identify organisational risks due to ethics cases and means to mitigate those risks
20.3.3. To assess the reliability of case solving procedures followed by the ESC, by reviewing documentation.
20.4.3.1. Nomination for the Ethics Counsellor will be undertaken by two bodies.
20.4.4.1. Post the nomination process, the selection of the Ethics Counsellor is to be conducted by a round
of votes. 3 votes are taken into consideration from the panel in the following composition:
20.4.4.1.2. MC