WhistleBlowing

This procedure regulates the methods of reporting so-called offenses. “Whistleblowing” as part of the crime prevention activities envisaged by Legislative Decree no. 231/2001.

The legislation protects employees and collaborators who intend to report illegal situations that are criminally relevant pursuant to the legislation referred to in Legislative Decree no. 231/2001 of which they became aware as part of their activity.

1. STAKEHOLDERS

Recipients of the procedure are:

• the top management and members of the corporate bodies;
• SICEP employees;
• partners, suppliers, consultants, collaborators, members and, more generally, anyone with a relationship of interest with SICEP.

2. PURPOSE OF THE PROCEDURE

The aim of the procedure is to remove factors that may hinder or discourage reporting, such as doubts about the procedure to follow and fears of retaliation or discrimination.

3. SUBJECT OF THE REPORT

Reports concerning behaviour, risks, crimes or irregularities, committed or attempted, to the detriment of the public interest or the integrity of the public administration or private entity are considered relevant.
The report may concern actions or omissions:

• criminally relevant;
• implemented in violation of the Codes of Conduct (e.g. Code of Ethics, model 231/01) or other sanctionable company provisions or regulations.

4. CONTENT OF THE REPORTS

The whistleblower is required to provide all the useful elements to allow the necessary and appropriate checks to be carried out to confirm the validity of the facts being reported. To this end, the report must preferably contain the following elements:

• personal details of the person making the report with indication of the position or function carried out within the company; the reporting can also take place completely anonymously;
• the clear and complete description of the facts being reported;
• if known, the circumstances of time and place in which they were committed;
• if known, the personal details or other elements (such as the qualification and the service in which the activity is carried out) which allow the identification of the person who committed the facts being reported;
• the indication of any other subjects who can report on the facts being reported;
• the indication of any documents that can confirm the validity of such facts;
• any other information that can provide useful feedback regarding the existence of the facts reported.

5. METHOD AND RECIPIENTS OF THE REPORT

The report can be submitted in the following ways:

• by completing the appropriate online form (infra);
• by printing and completing the appropriate form (LINK) to be filled in and sent via the postal service in a closed envelope bearing the words “confidential/personal” on the outside to be addressed to the “RSI of Internal Reports” at the company headquarters .

The report is addressed to the “IHR of Internal Reports” (IHR) appointed by the Sicep Board of Directors.

6. ACTIVITY TO VERIFY THE GROUNDABILITY OF THE REPORT

The management and verification of the validity of the circumstances represented in the report are entrusted to the RSI who takes care of it in compliance with the principles of impartiality and confidentiality by carrying out any activity deemed appropriate, including the personal hearing of the reporter and any other subjects who can report on the facts reported.

To this end, the RSI can avail itself of the support of control bodies external to the company (e.g. the Financial Police, Traffic Police Command, Revenue Agency).

7. STORAGE OF DOCUMENTATION

To ensure the management and traceability of reports and related activities, the RSI ensures the archiving of all related supporting documentation for a period of 2 years from receipt of the report

8. WHISTLEBLOWER PROTECTION

 

1. Confidentiality obligations regarding the identity of the whistleblower and removal of the right of access to the report.

With the exception of cases in which liability for slander and defamation is configurable pursuant to the provisions of the penal code or art. 2043 of the civil code and in cases in which anonymity is not enforceable by law (e.g. criminal, tax or administrative investigations, inspections of supervisory bodies), the whistleblower’s identity is protected in every context following the report. Therefore, the identity of the reporter cannot be revealed without his express consent and all those who receive or are involved in the management of the report are required to protect the confidentiality of this information.

1. Prohibition of discrimination against whistleblowers

No form of direct or indirect retaliation or discriminatory measure is permitted or tolerated against the person who makes a report pursuant to this procedure.

The employee who believes he has suffered discrimination due to having made a report of an offense must report the discrimination to the RSI who, having assessed the existence of the elements, reports the possibility of discrimination:

1. a) to the RSI of the area to which the employee responsible for the alleged discrimination belongs. The SB promptly assesses the opportunity/necessity for acts or measures to be adopted to restore the situation and/or to remedy the negative effects of discrimination in an administrative manner and the existence of the conditions to initiate disciplinary proceedings against the employee responsible for the discrimination ;
2. b) to the Area that deals with disciplinary sanctions which, for the proceedings within its competence, assesses the existence of the conditions to initiate disciplinary proceedings against the employee who has carried out the discrimination.
3. WHISTLEBLOWER RESPONSIBILITY

The criminal and disciplinary responsibility of the whistleblower remains valid in the event of slanderous or defamatory reporting pursuant to the penal code and art. 2043 of the civil code.

Any forms of abuse of this procedure, such as manifestly opportunistic reports and/or reports made for the sole purpose of harming the reported party or other subjects, and any other hypothesis of improper use are also a source of responsibility, in disciplinary and other competent bodies. or of intentional exploitation of the institution which is the subject of this procedure.