An internal communication channel to make reports of actual or suspected violations without fear of retaliation and with maximum respect for the protections provided to the reporter.
1. INTRODUCTION
Profesia SRL has set up an internal communication channel to make reports of actual or suspected violations without fear of retaliation and with the utmost respect for the protections provided to the reporter.
The Company adopts an Organization Management and Control Model pursuant to Legislative Decree 231/01 (MOGC) therefore the internal reporting channel is provided within the Model. This procedure is intended as an annex to Model 231.
2. LAW
- Directive 1937/2019
- Regulation 679/2016 or GDPR
- Legislative Decree No. 24/2023: implemented in Italy the European Directive No. 1937/2019 on whistleblowing, repealing the relevant provisions provided by Law No. 179/2017 for the public sector and Legislative Decree No. 231/2001 for the private sector;
- Legislative Decree No. 231/01 of 2001 regulating the administrative liability of legal persons; and
- The Draft Guidelines on the protection of persons who report violations of union law and protection of persons who report violations of national regulatory provisions - procedures for the submission and management of external reports - ANAC (AUTORITA' NAZIONALE ANTICORRUZIONE).
3. AIM AND SCOPE
The purpose of this procedure is to:
- Promote a corporate culture sufficient on transparency, accountability and integrity;
- Establish and publicize the internal reporting channel;
- Define responsibilities on the whistleblowing management process;
- Outline the safeguards provided against the whistleblower or protection system in accordance with the regulations;
- Outline the penalty system provided by the regulations against the Company and the whistleblower.
The procedure applies to the Company Profesia SRL and all Group Companies with more than 50 employees and to all Italian Companies with an Organizational Model pursuant to Legislative Decree 231/01.
4. DEFINITIONS
- WHISTLEBLOWER or REPORTER: a natural person who makes a report on violations acquired in the context of his or her work context
- VIOLATIONS: behaviors, acts or omissions, which harm the public interest or the integrity of the public administration or private entity
- WORK CONTEXT: the work or professional activities, present or past, carried out within the scope of the Company, through which, regardless of the nature of such activities, a person acquires Information about Violations and within the scope of which he/she could risk retaliation in case of reporting.
- REPORTING: communication by the reporter having to do with information about one or more violations
- INTERNAL REPORTING: the communication, written or oral, of information on violations, submitted through the internal reporting channel adopted by the Company
- EXTERNAL REPORTING: the communication, written or oral, of information on violations, submitted through the external reporting channel operated by ANAC
- PUBLIC DISCLOSURE: making violations in the public domain through print or electronic media in order to reach a large number of people (including the use of social networks)
- JURISDICTIONAL AUTHORITY COMPLAINTS: the possibility of approaching the relevant national authorities, judicial and accounting authorities to report unlawful conduct that has come to one's attention in the public or private work context
- RETALIATION: any conduct, act or omission, even if only attempted or threatened, carried out by reason of the report that causes or may cause the reporting person or the person making the report, directly or indirectly, unjust damage
- PROVIDER: external entity entrusted with the management of the internal reporting channel
ANAC: National Anticorruption Authority (https://www.anticorruzione.it) - FACILITATOR: "natural person who assists the whistleblower in the reporting process, operating within the same work context and whose assistance must be kept confidential"
5. REPORTING CHARACTERISTICS
5.1. Who can report: the reporter or "whistleblower"
Profesia SRL, in accordance with the regulations, identifies as potential whistleblowers:
The report can be made by a subject who is in the selection or pre-contractual stage, in the probationary period and after the dissolution of the relationship.
This procedure refers to cases in which the reporter discloses his or her identity; the rationale is to ensure that such individuals are afforded the protections provided by the regulations, guaranteeing the confidentiality of the personal data conferred.
5.2. Anonymous reporting
In case of anonymous reporting, the content is decisive for its admissibility or "taking charge," therefore, only substantiated and evidenced reports will be given due consideration.
Safeguards apply with respect to the anonymous, subsequently identified whistleblower who has reported to ANAC that he or she has suffered retaliation.
5.3. Subject of the report: what can be reported?
The decree differentiates the subject of reporting in relation to the characteristics of the legal entities involved; the table below summarizes what can be reported and through which channels:
In general the report may concern all conduct relevant under Legislative Decree 231/01 or involving alleged or ascertained violations of Model 231 or the Code of Ethics, to which must be added offenses of EU matrix and relevance and therefore affecting the financial interests of the European Union.
Some examples follows:
- Bribery, active and passive;
- Conduct aimed at obstructing the control activities of the Supervisory Authorities (e.g., omission of documentation, submission of false or misleading information);
- Promise or giving of money, goods or services or other benefit aimed at bribing suppliers or customers;
- Unlawful tax, accounting and financial conduct;
- Tax fraud;
- Human rights violations;
- Environmental and worker health and safety offenses;
- Unlawful use of personal data or blatant violations of the norm protecting privacy;
- Competition and state aid violations;
- Violations of the Code of Ethics and the rules contained in the Organization, Management and Control Model.
In order to protect the dignity and health of workers, as well as the moral integrity and values of the Company and the Group, the possibility is given to report cases of harassment, abuse suffered in the workplace and/or discrimination in relation to gender, ethnicity, religious faith, sexual orientation.
5.4. how a report should be done.
Reports should preferably include the following elements:
- A complete description of the facts being reported;
- If known, the circumstances of time and place in which the violations were committed or for which there is a presumption;
- The generalities or elements (qualification, office, activity carried out) of the reported person in order to enable his or her identification;
- Indications of any witnesses or individuals who can report on the facts being reported;
- Any attachments or documents that may confirm the substantiation of the reported facts;
- Any other information that may provide useful feedback as to the existence of the facts.
The following are subject to reporting and therefore admissible:
- Communications of retaliation that the reporter believes he or she has suffered as a result of a report.
- Alleged retaliation, which is also potentially the subject of a report, should only be communicated to ANAC. Labor representatives may not give notice to ANAC of alleged retaliation on behalf of the reporting party.
On the other side , the following are excluded and therefore INAMISSIBLE:
Reports related to an interest of a personal nature of the person of the reporter, which relate exclusively to his or her individual working relationships with colleagues or hierarchically subordinate figures;
Reports based on mere suspicions or rumors;
Reports of national security violations.
6. METHODS and channels of reporting
6.1. Reporting channels
It should be pointed out that the decree potentially provides for more than one mode:
6.2. The internal reporting channel: the teseo web platform
Profesia SRL has established a dedicated internal reporting channel that the whistleblower can use.
The platform uses the web-based solution Teseo, which offers a customized portal for each Company, ensuring compliance with all the necessary legal requirements, including those provided for the organization and management of personal data processing and compliance with the requirements of privacy legislation (Legislative Decree No. 196/2003 - Code on the Protection of Personal Data; EU Regulation 2016/679 on the Protection of Personal Data).
The platform allows all internal and external stakeholders to send reports to predetermined internal individuals authorized to handle the report in order to ensure effective and confidential communication.
The platform is accessed from the institutional website for all Group Companies.
Before making the report, the reporter is asked to view a privacy policy regarding the processing of his or her personal data.
The reporter has the option of choosing whether to make a report by providing his or her personal details or completely anonymously, entering only the subject of the report and the subject of reference (see paragraph..).
Upon completion of the report entry, the platform assigns a unique identification code (ticket code) that the reporter
7. WAY OF HANDLING THE REPORT
7.1. Subjects to be entrusted with the management of reports according to the ANAC Guidelines
As per the ANAC Guidelines, the management of the internal reporting channel referred to in the previous paragraph may be entrusted:
a. to a person within the administration/body
b. to an office of the administration/body with specially dedicated staff
c. to an external person
However, even if an organization decides to outsource the operation of its reporting channels to an external provider, it remains in charge of following up the report, addressing the identified wrongdoing and providing feedback to the whistleblower. Therefore, it is always necessary for the organization to appoint at least one internal contact person.
7.2. Who receives the report in Profesia SRL - outsourced management
Profesia SRL, availing itself of the faculty referred to in the preceding point letter c), has entrusted Resolve Consulting S.r.l. with the receipt and processing of whistleblowing reports, as it believes that the same presents sufficient guarantees in terms of specialized knowledge, reliability and resources, to put in place technical and organizational measures that guarantee respect for confidentiality, data protection and secrecy.
Resolve Consulting S.r.l., internally, identifies a Team composed of resources with the characteristics of professionalism necessary to ensure compliance with the provisions of Legislative Decree No. 24/2023.
7.2.2. Archiving and retention times
All documentation pertaining to reports received is archived within the platform (computer archiving) and stored in accordance with current data protection regulations.
Reporting documentation will be kept for a maximum of 5 years. Personal data manifestly unnecessary to the processing of a specific report are not collected or, if accidentally collected, will be immediately deleted.
7.2.3. Reporting
The External Team prepares on a semi-annual/annual basis the Report indicating the Reports received during the reporting period.
The Report shows the "status" of each Report (e.g., received, open, in process/closed, etc.) and any actions taken (corrective actions and disciplinary measures) in compliance with the reporting party's confidentiality rules.
The Reporting Report is sent to:
- the Chief Executive Officer of Profesia SRL;
- the Board of Auditors and the Supervisory Board.
- Persons authorized by Profesia SRL
7.3. Protection and responsibility of the reporter
7.3.1. Protection of confidentiality.
The identity of the whistleblower and the whistleblower and other individuals involved (e.g., facilitator) shall be protected in any post-reporting context.
Violation of the obligation of confidentiality is a source of disciplinary liability without prejudice to any further form of liability provided by the
In the management of the report, the personal data of the reporter and any other parties involved will be processed in full complianceĢ with the provisions of the applicable data protection regulations, including EU Reg. 679/2016 ("GDPR") and Legislative Decree 196/2003.
To this end, the Company adopts has conducted a data protection impact assessment (DPIA).
7.3.2. Protection from retaliation
Profesia SRL, in compliance with legal obligations, has adopted a strict anti-retaliation policy. Retaliation will not be tolerated including, but not limited to, the following scenarios:
- Dismissal, suspension or equivalent measures;
- Downgrading or non-promotion;
- Change of duties, change of workplace, reduction of salary, change of working hours;
- Suspension of training or any restriction on access to training;
- Demerit notes or negative references;
- Adoption of disciplinary measures or other sanction, including fines;
- Coercion, intimidation, harassment or ostracism;
- Discrimination or otherwise unfavorable treatment;
- Failure to convert a fixed-term employment contract into an open-ended employment contract, where the employee had a legitimate expectation of said conversion;
- Failure to renew or early terminate a fixed-term employment contract;
- Damage, including to a person's reputation, particularly on social media, or prejudice ec
7.3.3. Conditions for enjoying protections
Whistleblowers must reasonably believe that the information about reported violations is true (not assumptions, rumors, or news in the public domain);
The good faith of the reporter is protected even in case of inaccurate reporting due to genuine errors (poor knowledge of legal rules);
The reporter must clearly indicate in the subject line of the report that it is a whistleblowing report;
There must be a close connection or consequentiality between the report and the unfavorable act directly or indirectly suffered by the whistleblower to constitute retaliation.
Subject to the specific limitations provided, whistleblower protection is not guaranteed in the following cases:
The criminal liability of the whistleblower for the crimes of slander and defamation, or his/her civil liability for the same whistleblowing in cases of malicious intent or gross negligence, has been established by a judgment of first instance.
If liability is established, a disciplinary sanction shall also be imposed on the person reporting or whistleblower.
8. disciplinary sanctions
The Model of Organization, Management and Control, ex Legislative Decree 231/01, adopted by Profesia S.r.l. provides for a disciplinary system that sanctions those who engage in the conduct that is the subject of the report also against those who violate the measures to protect the reporter, in accordance with the provisions of the Guidelines.
USEFUL INFORMATION