PROCEDURE FOR REPORTING OFFENCES AND IRREGULARITIES
1. INTRODUCTION
The Company Antica Sartoria S.r.l., with its ethical principles, in implementing its commitment to legality, recognising its high social function, intends to comply with the current legislation on whistleblowing, on the one hand, by encouraging whistleblowing and, on the other hand, by protecting the person who reports it. Whistleblowing, in fact, is an act of manifestation of civic sense, through which the reporting person contributes to the emergence and prevention of violations or conduct, acts or omissions that harm the public interest or the integrity of the public administration or of Antica Sartoria S.r.l.
2. DEFINITIONS
The term “A.N.A.C.&” refers to the National Anti-Corruption Authority. “Follow-up” means the action taken by the Reporting Officer and the addressee referred to in Article 13 below to assess the existence of the reported facts, the outcome of the investigation and any measures taken.
The expression “person involved” means the natural or legal person mentioned in the internal or external report or in the public disclosure as the person to whom the breach is attributed or as a person otherwise implicated in the reported or publicly disclosed breach.
The term “whistleblower” refers to the natural person who makes a report or public disclosure of information on violations of national or European Union law that harm the public interest or the integrity of the public administration or Antica Sartoria S.r.l., of which they have become aware in a work context.
The term “acknowledgement” means the communication to the person making the report of information on the follow-up that is given or is intended to be given to the report. “Whistleblowing” refers to the written or oral communication of information about violations.
Through whistleblowing the reporting person provides information, including well-founded suspicions, concerning violations committed, or which, on the basis of concrete elements, could be committed in Antica Sartoria S.r.l. including elements concerning conduct aimed at concealing such violations.
3. REFERENCE
– Directive EU 1937/2019
– Legislative Decree. 24/2023
– Code of Ethics
4. SCOPE AND PURPOSE OF THE DOCUMENT
The purpose of this document is to remove factors that may hinder or discourage the use of the institute, such as doubts and uncertainties about the procedure to be followed and fears of retaliation or discrimination.
5. OBJECT OF THE ALERT
The report, whether written or oral, contains information on violations, i.e. those behaviours, acts or omissions that harm the public interest or the integrity of the public administration or of Antica Sartoria S.r.l. and which, among others, may consist ofadministrative, accounting, civil or criminal offences, unlawful conduct relevant pursuant to Legislative Decree no. 231 of 8 June 2001, or violations of the Organisation and Compliance Management Model adopted by the Company.
The information to be reported also includes well-founded suspicions concerning violations committed or which, on the basis of concrete elements, could be committed in Antica Sartoria S.r.l., as well as elements concerning conduct aimed at concealing such violations.
Grievances of a personal nature of the whistleblower or claims/complaints that fall under the discipline of the employment relationship or relations with the hierarchical superior or colleagues, for which reference should be made to the Human Resources Department in the established manner, must not be reported.
6. CONTENTS OF ALERTS
The person making the report must provide all the elements necessary to enable the competent offices to carry out the due and appropriate checks and verifications to confirm the validity of the facts reported. Anonymous reports, i.e. without any elements allowing their author to be identified, will be considered only if they relate to particularly serious facts and their content is adequately detailed and circumstantiated.
The requirement of truthfulness of the facts or situations reported remains unaffected, in order to protect the persons involvede.
7. PERSONS WHO CAN REPORT
The following can report:
– those who work for Antica Sartoria S.r.l., such as employees, self-employed workers, holders of a collaboration relationship, workers or collaborators of contractors or suppliers, freelancers and consultants, volunteers and trainees, paid and unpaid.
– Members.
– Persons with functions of administration, management, control, supervision or representation, even where such functions are exercised on a de facto basis.
In addition to the legal relationship legitimising them, reports may be made:
a) when the legal relationship has not yet begun, if information on infringements has been acquired during the selection process or at other pre-contractual stages;
b) during the probationary period;
c) fter termination of the legal relationship if the information on violations was acquired in the course of the relationship.
8. MODALITY
Antica Sartoria makes the reporting channel available to reporting persons in writing by registered mail.
The method by registered mail requires that the report be placed in an envelope with the subject of the report, in another envelope the identification data of the reporting party, together with an identity document, the address to which the reply of acceptance of the report should be sent, both envelopes should then be placed in a third envelope with the wording: “reserved for the reporting manager”; on the outside, and the address via Scipione Capece 10/H, Naples. Internal reports in oral form are made through telephone lines or voice messaging systems or, at the request of the reporting person, through a face-to-face meeting set within a reasonable period of time.
9. RESPONSIBLE FOR REPORTING
All reports are received by the Reporting Manager, who is entrusted with managing the reporting channel. The function of Reporting Manager is entrusted to Mr. Maione Antonio, a person external to the company organisation, who guarantees an adequate degree of autonomy and possesses the necessary skills and abilities to fulfil the task.
10. TASKS OF THE REPORTING OFFICER
It is the responsibility of the Reporting Officer:
a) issue the reporting person with an acknowledgement of receipt of the report within seven days of receipt;
b) liaise with the reporting person and request additions from the latter if necessary;
c) diligently follow up the reports received, having access to the Company’s information and with the cooperation and support of all corporate functions;
d) diligently follow up the reports received, having access to the Company’s information and with the cooperation and support of all corporate functions;
e) define the contents and ensure, with the cooperation and support of the corporate functions, that clear information is made available on the channel, procedures and prerequisites for making internal reports, as well as on the channel, procedures and prerequisites for making external reports.
The aforementioned information is displayed and made easily visible in workplaces, as well as accessible to persons who, although not frequenting workplaces, are among those who may make reports. This information is also published in a dedicated section at www.anticasartoriapositano.it.
11. FACILITATOR
The reporting person may be assisted by a “facilitator”, i.e. a natural person who assists a reporting person in the reporting process, operating within the same work context and whose assistance must be kept confidential.
12. ACTIVITIES TO VERIFY THE VALIDITY OF THE REPORT
The management and verification of the validity of the circumstances set out in the report are the responsibility of the Reporting Officer, who, with the help of the addressees identified in accordance with the indications of Article 13 below and of the corporate functions deemed necessary, shall do so in compliance with the principles of impartiality and confidentiality, carrying out any activity deemed appropriate.
To this end, the Reporting Officer, in addition to availing himself of the support and cooperation of the competent corporate structures, may also avail himself of the Company’s control bodies and, where necessary, of external specialists.
13. RECIPIENTS OF THE ALERT
The Delegated Adviser identifies and defines the persons to whom reports are to be forwarded in relation to the specific circumstances of the report, the subject matter of the report and the competences, skills and powers of the addressee.
The Whistleblower ensures that the relevant addressee is informed and actively follows up on the report received.
In the event that an addressee is involved in the report, his hierarchical superior is concerned; where the report involves the Deputy Director or the President, the Single Mayor must be concerned. If it is not possible to forward the report to the Single Mayor, and the Reporting Officer is unable or does not have adequate powers to follow it up, it must be forwarded to the A.N.A.C.. List of addressees
MATH
- Harassment
- Mobbing
- Acts of discrimination
- Racism
- Bullying
- Crimes against P.A. (bribery, extortion, embezzlement, trafficking in unlawful influence)
- Bribery among private individuals
- Employment fraud
- Violence in general
- Organized crime
- Money laundering
- OSH violations
- Cultural heritage
- Other
DESTINATORY
- Human Resources
- Human Resources
- Human Resources
- Human Resources
- Human Resources
- Supervisory Board
- Supervisory Board
- Supervisory Board
- Managing director
- Supervisory Board
- Supervisory Board
- Supervisory Board
- Supervisory Board
- Managing director
14. FORMS OF PROTECTION OF THE REPORTING PERSON CONFIDENTIALITY OBLIGATIONS CONCERNING THE IDENTITY OF THE REPORTING PERSON.
Alerts may not be used beyond what is necessary to adequately follow them up.
The identity of the reporting person and any other information from which this identity may be inferred, directly or indirectly, may not be disclosed, without the express consent of the reporting person, to persons other than those responsible for receiving (recipients) or following up the reports, who are expressly authorised to process such data.
In criminal proceedings, the identity of the reporting person is covered by secrecy in the manner and to the extent provided for in Article 329 of the Code of Criminal Procedure. In the context of disciplinary proceedings, the identity of the reporting person may not be disclosed, where the disciplinary charge is based on investigations that are separate from and additional to the report, even if consequent to it. If the charge is based, in whole or in part, on the report and knowledge of the identity of the reporting person is indispensable for the accused "s defence, the report shall be usable for the purposes of the disciplinary proceedings only if the reporting person gives his/her express consent to the disclosure of his/her identity, to which he/she must be informed in writing of the reasons for the disclosure of the confidential data.
The reporting person shall be notified in writing of the reasons for the disclosure of the confidential data, when the disclosure of the identity of the reporting person and of the information is also indispensable for the defence of the person concerned.
Without prejudice to the prescriptions, the person concerned may be heard, or, at his or her request, shall be heard, either directly in physical presence, or by videoconference and also by means of a paperless procedure through the acquisition of written observations and documents.
PROHIBITION OF RETALIATION AGAINST THE REPORTING PERSON
Whistleblowers may not suffer any retaliation.
The following are certain cases which, if they can be traced back to a reporting activity, constitute retaliation under Article 17(4) of Legislative Decree 24/2023:
a) dismissal, suspension or equivalent measures;
b) downgrading or non-promotion;
c) change of duties, change of workplace, reduction of salary, change of working hours;
d) suspension of training or any restriction of access to it;
e) negative merit notes or negative references;
f) the adoption of disciplinary measures or other sanctions, including fines;
g) coercion, intimidation, harassment or ostracism;
h) discrimination or otherwise unfavourable treatment;
i) failure to convert a fixed-term employment contract into an employment contract of indefinite duration, where the employee had a legitimate expectation of such conversion;
l) non-renewal or early termination of a fixed- term employment contract;
m) damage, including to a person’s reputation, particularly on social media, or economic or financial harm, including loss of economic opportunities and loss of income;
n) inclusion on improper lists on the basis of a formal or informal sectoral or industry agreement, which may result in the person being unable to find employment in the sector or industry in the future;
o) early termination or cancellation of the contract for the supply of goods or services;
p) cancellation of a licence or permit;
q) the request to undergo psychiatric or medical examinations.
Current legislation provides for presumptions:
a) that the prohibited conduct, acts or omissions were carried out as a result of the reporting, public disclosure or complaint to the judicial or accounting authorities.
b) that the damage resulted from the reporting, public disclosure or complaint to the judicial or accounting authorities.
The burden of proving that such conduct or acts are motivated by reasons unrelated to the reporting, public disclosure or denunciation is on the person who carried them out.
No form of retaliation or discriminatory measure, whether direct or indirect, affecting working conditions for reasons directly or indirectly linked to the complaint, shall be allowed or tolerated against any employee who makes a report under this procedure.
SAFEGUARDING THE REPORTING PERSON
The reporting person may inform ANAC of the retaliation he/she believes he/she has suffered.
The ANAC informs the National Labour Inspectorate, for the measures within its competence.
In any case, in accordance with the law, acts taken in breach of Article 17 of Legislative Decree 24/2023 are null and void.
EXTENSION OF PROTECTION
The protective measures provided for in Legislative Decree 24/2023 also apply to:
a) to facilitators;
b) persons in the same work environment as the person making the report, the person who has made a complaint to the judicial or accounting authorities or the person who has made a public disclosure and who are linked to them by a stable emotional or family relationship up to the fourth degree;
c) co-workers of the reporting person or of the person who has filed a complaint with the judicial or accounting authorities or made a public disclosure, who work in the same work environment as that person and who have a regular and current relationship with that person;
d) entities owned by the reporting person or the person who filed a complaint with the judicial or accounting authorities or made a public disclosure, or for which the same persons work, as well as entities operating in the same work environment as the aforementioned persons.
15. RESPONSIBILITY OF THE REPORTING PERSON
This procedure is without prejudice to the criminal and disciplinary liability of the reporting person in the event of a libellous or defamatory report under the Criminal Code and Article 2043 of the Civil Code.
Any form of abuse of this policy, such as reports that are manifestly opportunistic and/or made with the sole purpose of harming the person involved or other persons, and any other hypothesis of improper use or intentional exploitation of the institution that is the subject of this procedure, shall also give rise to liability in disciplinary and other competent fora..
16. SIGNALLING LEVELS
NOTIFICATION TO ANAC
The reporting person may make a report to the ANAC if, at the time of its submission, one of the following conditions is met:
a) the internal signalling channel is not active;
b) already made an internal report and it was not followed up;
c) has reasonable grounds to believe that, if it were to make an internal report, the report would not be effectively followed up or that the report might lead to the risk of retaliation;
d) has well-founded reasons to believe that the infringement may constitute an imminent or obvious danger to the public interest.
DIVULGATION
The reporting person may make a public disclosure and benefits from the protection provided by the Act if, at the time of the public disclosure, one of the following conditions is met:
a) the reporting person has previously made an internal and external report or has made an external report directly, as required by the rules, and no response has been received in due time as to the measures envisaged or taken to follow up the reports;
b) the reporting person has reasonable grounds to believe that the breach may constitute an imminent or obvious danger to the public interest;
c) the reporting person has reasonable grounds to believe that the external report may involve a risk of retaliation or may not be effectively followed up due to the specific circumstances of the case, such as where evidence may be concealed or destroyed, or where there is a well-founded fear that the recipient of the report may be colluding with or involved in the perpetrator of the violation.
17. DOCUMENTS
Reports and related documentation are retained for as long as necessary to process the report and in any case no longer than five years from the date of the communication of the final outcome of the reporting procedure, subject to confidentiality obligations.
If a recorded telephone line or other recorded voice messaging system is used for the report, the report, subject to the consent of the reporting person, shall be documented by the staff member in charge by means of a recording on a device suitable for storage and listening or by means of a verbatim transcription. In the case of a transcript, the reporting person may verify, rectify or confirm the content of the transcript by signing it..
If an unregistered telephone line or other unregistered voice messaging system is used for reporting, the report shall be documented in writing by means of a detailed transcript of the conversation by the staff member in charge. The reporting person may verify, rectify and confirm the content of the transcript by signing it..
When, at the request of the person making the report, the report is made orally during a meeting with the staff member in charge, it is documented, with the consent of the person making the report, by the staff member in charge by means of a recording on a device suitable for storing and listening to the report or by means of a minute.
In the case of minutes, the reporting person may verify, rectify and confirm the minutes of the meeting by signing them..
18. PERSONAL DATA
Any processing of personal data, including communication between the competent authorities must be carried out in accordance with Regulation (EU) 2016/679, Legislative Decree No 196 of 30 June 2003 and Legislative Decree No 51 of 18 May 2018.
Personal data that are clearly not useful for processing a specific alert are not collected or, if accidentally collected, are deleted immediately.
The rights referred to in Articles 15 to 22 of Regulation (EU) 2016/679 may not be exercised by making a request to the data controller or by lodging a complaint pursuant to Article 77 of the Regulation where the exercise of those rights is likely to cause actual and concrete prejudice to the confidentiality of the identity of the person who reported the information.
The processing of personal data relating to the receipt and management of reports is carried out by Antica Sartoria S.r.l. and the Reporting Officer, as data controllers, in compliance with the principles set out in Articles 5 and 25 of Regulation (EU) 2016/679 or Articles 3 and 16 of Legislative Decree no. 51 of 2018, providing appropriate information to the reporting persons and to the persons concerned pursuant to Articles 13 and 14 of the same Regulation (EU) 2016/679 or Article 11 of the aforementioned Legislative Decree No. 51 of 2018, as well as taking appropriate measures to protect the rights and freedoms of the persons concerned.
Each controller shall identify and implement appropriate technical and organisational measures to ensure a level of security appropriate to the specific risks arising from the processing operations performed, on the basis of a data protection impact assessment.
Any external suppliers are designated as data controllers and the relationship is governed pursuant to Article 28 of Regulation (EU) 2016/679.
19. CLOSURE
This procedure is approved by the Managing Director, who informs the Board of Directors. The Head of Compliance takes care of updating and disseminating.
