Reporting procedure
1. PREMISE
The Antica Sartoria Srl Company, with ethical principles, in implementation of the commitment to legality, recognizing its high social function, intends to comply with the current legislation on reporting (whistleblowing), on the one hand, encouraging reporting and, on the other, protecting the reporting person.
In fact, reporting is an act of manifestation of civic sense, through which the reporting person contributes to the emergence and prevention of violations or behaviors, acts or omissions that harm the public interest or the integrity of the public administration or of Antica Sartoria Srl
2. DEFINITIONS
With the expression “ANAC” means the National Anti-Corruption Authority.
With the expression “follow up” means the action taken by the Reporting Officer and the recipient referred to in the following Article 13 to assess the existence of the reported facts, the outcome of the investigations and any measures adopted.
The term “involved person” means the natural or legal person mentioned in the internal or external report or in the public disclosure as the person to whom the violation is attributed or as a person otherwise implicated in the reported or publicly disclosed violation.
The term “reporting person” (Whistleblower) means the natural person who reports or publicly discloses information on violations of national or European Union regulatory provisions that harm the public interest or the integrity of the public administration or of Antica Sartoria Srl, of which they have become aware in a work-related context.
The term “feedback” means the communication to the reporting person of information relating to the follow-up that is being given or intended to be given to the report.
The expression “reporting” or “reporting” (Whistleblowing) means the written or oral communication of information on violations. Through the report, the reporting person provides information, including well-founded suspicions, regarding violations committed, or that, on the basis of concrete elements, could be committed in Antica Sartoria Srl including elements regarding conduct aimed at concealing such violations.
3. REFERENCES
- EU Directive 1937/2019
- Legislative Decree 24/2023
- Code of Ethics
4. PURPOSE AND OBJECTIVE 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 regarding the procedure to follow and fears of retaliation or discrimination.
5. SUBJECT OF THE REPORT
The report, written or oral, contains information on violations, that is, those behaviors, acts or omissions that harm the public interest or the integrity of the public administration or of Antica Sartoria Srl and which, among others, may consist of administrative, accounting, civil or criminal offenses, illegal conduct relevant pursuant to Legislative Decree 8 June 2001, n. 231, or violations of the Organization and Compliance Management Model adopted by the Company.
The information reported also includes well-founded suspicions regarding violations committed or which, on the basis of concrete elements, could be committed in Antica Sartoria Srl as well as elements regarding conduct aimed at concealing such violations.
Complaints of a personal nature of the reporter or claims/requests that fall within the scope of the employment relationship or relationships with the hierarchical superior or colleagues must not be reported, for which reference must be made to the Human Resources Office using the established methods.
6. CONTENT OF REPORTS
The reporting person must provide all the information needed to allow the competent offices to proceed with the necessary and appropriate checks and investigations to verify the validity of the facts reported. Anonymous reports, that is, reports without elements that allow the identification of their author, will be taken into consideration only if they relate to particularly serious facts and with content that is adequately detailed and circumstantial. The requirement of the truthfulness of the facts or situations reported remains in place, to protect the people involved.
7. PEOPLE WHO CAN MAKE THE REPORT
The following can report:
- those who work for Antica Sartoria Srl such as, for example, subordinate workers, self-employed workers, holders of a collaboration agreement, workers or collaborators of contractors or suppliers, freelancers and consultants, volunteers and interns, paid and unpaid.
- The members.
- Persons with administrative, management, control, supervisory or representative functions, even when such functions are exercised on a mere de facto basis.
In addition to the legal relationship that legitimises them, reports can be made:
a) when the legal relationship has not yet begun, if the information on the violations was acquired during the selection process or in other pre-contractual phases;
b) during the probationary period;
c) after the termination of the legal relationship if the information on the violations was acquired during the relationship itself.
8. METHODS
Antica Sartoria provides reporting persons with the written reporting channel via registered mail. The registered mail method requires that the report be placed in an envelope with the subject of the report, in another envelope the identifying data of the reporting person must be inserted, together with the identity document, the address to which the response of having taken charge of the report must be sent, both envelopes must then be placed in a third envelope reporting, on the outside, the wording: "reserved for the reporting manager", 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 arranged within a reasonable time.
9. RESPONSIBLE FOR REPORTING
All reports are sent to the Reporting Manager who is responsible for managing the reporting channel. The role of Reporting Manager is entrusted to Avv. Maione Antonio, a person external to the company organization, who guarantees an adequate degree of autonomy and has the skills and abilities necessary to fulfill the task.
10. TASKS OF THE REPORTING OFFICER
The Reporting Manager is responsible for:
a) issue the reporting person with acknowledgment of receipt of the report within seven days of the date of receipt;
b) maintain dialogue with the reporting person and request additions from the latter, if necessary;
c) diligently follow up on the reports received, being able to access the Company's information and with the collaboration and support of all company functions;
d) provide feedback on the report within three months of the date of the acknowledgement of receipt or, in the absence of such acknowledgement, within three months of the expiry of the seven-day period from the submission of the report;
e) define the contents and ensure, with the collaboration and support of the company 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 above information is displayed and made easily visible in the workplace, as well as accessible to people who, although not frequenting the workplace, are among those who can make reports. This information is also published in a dedicated section on the website 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. ACTIVITY TO VERIFY THE FOUNDATION OF THE REPORT
The management and verification of the validity of the circumstances set out in the report are the responsibility of the Reporting Manager who, using the recipients identified according to the indications of the following art. 13 and the company functions deemed necessary, provides for this 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 collaboration of the competent corporate structures, may, where necessary, also avail himself of the Company's control bodies and, where necessary, of external specialists.
13. RECIPIENTS OF THE REPORT
The Delegated Councillor identifies and defines the subjects to whom the reports must be forwarded in relation to the specific circumstances of the report, the matters covered by the report and the skills, capabilities and powers of the recipient.
The Reporting Officer ensures that the relevant recipient is informed and actively works to follow up on the report received.
In the event that a recipient is involved in the report, his hierarchical manager is involved, where the report involves the Delegated Councilor or the President, the Sole Auditor must be involved.
In the event that it is not possible to forward the report to the Sole Mayor, and the Reporting Manager is unable or does not have adequate powers to follow up, this must be forwarded to ANAC.
List of addressees
|
Materia |
Destinatario |
|
Harassment |
Human Resources |
|
Mobbing |
Human Resources |
|
Acts of discrimination |
Human Resources |
|
Racism |
Human Resources |
|
Bullying |
Human Resources |
|
Offences against public authorities (bribery, extortion, embezzlement, trafficking in unlawful influence, |
Supervisory Board |
|
Bribery between private individuals |
Supervisory Board |
|
Employment fraud |
Supervisory Board |
|
Violence in general |
Managing Director |
|
Organised crime |
Supervisory Board |
|
Money laundering |
Supervisory Board |
|
OSH violations |
Supervisory Board |
|
Cultural heritage |
Supervisory Board |
|
Other |
Managing Director |
14. FORMS OF PROTECTION OF THE REPORTING PERSON
CONFIDENTIALITY OBLIGATIONS REGARDING THE IDENTITY OF THE REPORTING PERSON.
Reports may not be used beyond what is necessary to adequately follow up on them.
The identity of the reporting person and any other information from which such identity may be deduced, directly or indirectly, may not be revealed, without the express consent of the reporting person, to persons other than those competent to receive (recipients) or to follow up on the reports, expressly authorised to process such data.
In the context of criminal proceedings, the identity of the reporting person is covered by secrecy in the manner and within the limits set forth in Article 329 of the Code of Criminal Procedure.
In the context of the disciplinary proceedings, the identity of the reporting person cannot be revealed, where the challenge of the disciplinary charge is based on investigations that are separate and additional to the report, even if consequent to the same. If the challenge is based, in whole or in part, on the report and knowledge of the identity of the reporting person is indispensable for the defense of the accused, the report will be usable for the purposes of the disciplinary proceedings only in the presence of the express consent of the reporting person to the disclosure of his or her identity, who must be given written notice of the reasons for the disclosure of the confidential data.
Notice shall be given to the reporting person by written communication of the reasons for the disclosure of confidential data, when the disclosure of the identity of the reporting person and of the information is also indispensable for the purposes of the defense of the person involved.
Subject to the provisions, the person involved may be heard, or, upon his request, is heard, directly in physical presence, or by videoconference and also through a paper procedure through the acquisition of written observations and documents.
PROHIBITION OF RETALIATION AGAINST THE REPORTING PERSON
Those who report may not suffer any retaliation.
Below are some of the cases which, if they can be traced back to a reporting activity, constitute retaliation pursuant to art. 17 Co.4 of Legislative Decree 24/2023:
a) dismissal, suspension or equivalent measures;
b) demotion or failure to promote;
c) change of duties, change of place of work, reduction of salary, modification 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 pecuniary ones;
(g) coercion, intimidation, harassment or ostracism;
h) discrimination or any other unfavourable treatment;
i) the failure to convert a fixed-term employment contract into a permanent employment contract, where the worker had a legitimate expectation of such conversion;
l) the failure to renew or early termination of a fixed-term employment contract;
m) damage, including to the person's reputation, particularly on social media, or economic or financial harm, including loss of economic opportunities and loss of income;
(n) improper listing 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) the early termination or cancellation of the contract for the supply of goods or services;
p) the cancellation of a license or permit;
q) the request to undergo psychiatric or medical examinations.
The current legislation provides for the following presumptions:
a) that the prohibited behaviors, acts or omissions were implemented due to the reporting, public disclosure or complaint to the judicial or accounting authority.
b) that the damage is a consequence of reporting, public disclosure or complaint to the judicial or accounting authority.
The burden of proving that such conduct or acts are motivated by reasons other than the reporting, public disclosure or denunciation lies with the person who implemented them.
No form of retaliation or discriminatory measure, direct or indirect, having an effect on working conditions for reasons directly or indirectly connected to the report, shall be permitted or tolerated against an employee who makes a report pursuant to this procedure.
SAFEGUARDING THE REPORTING PERSON
The reporting person can communicate to ANAC any retaliation he/she believes he/she has suffered.
The ANAC informs the National Labor Inspectorate, for the measures within its jurisdiction.
In any case, pursuant to the Law, the acts undertaken in violation of Article 17 of Legislative Decree 24/2023 are null and void.
EXTENSION OF PROTECTION
The protection measures provided for by Legislative Decree 24/2023 also apply:
a) to facilitators;
b) to persons in the same work context as the reporting person, the person who filed a complaint with the judicial or accounting authority or the person who made a public disclosure and who are linked to them by a stable emotional or kinship bond within the fourth degree;
(c) to work colleagues of the reporting person or of the person who has filed a complaint with the judicial or accounting authority or made a public disclosure, who work in the same work context as the reporting person and who have a habitual and ongoing relationship with that person;
d) to entities owned by the reporting person or by the person who filed a complaint with the judicial or accounting authority or who made a public disclosure or for which the same persons work, as well as to entities operating in the same work context as the aforementioned persons.
15. RESPONSIBILITY OF THE REPORTING PERSON
This procedure does not affect the criminal and disciplinary liability of the reporting person in the event of a slanderous or defamatory report pursuant to the Criminal Code and Article 2043 of the Civil Code.
Any forms of abuse of this policy, such as manifestly opportunistic reports and/or reports made with the sole purpose of harming the person involved or other subjects, and any other hypothesis of improper use or intentional exploitation of the institution which is the object of this procedure, are also a source of liability in disciplinary proceedings and in other competent bodies.
16. REPORTING LEVELS
REPORTING TO ANAC
The reporting person may make a report to ANAC if, at the time of its submission, one of the following conditions occurs:
a) the internal reporting channel is not active;
b) has already made an internal report and it has not been followed up;
c) has reasonable grounds to believe that, if he were to make an internal report, it would not be followed up effectively or that the report itself could give rise to the risk of retaliation;
d) has reasonable grounds to believe that the infringement may constitute an imminent or manifest danger to the public interest.
DISCLOSURE
The reporting person may make a public disclosure and benefits from the protection provided by the Law if, at the time of the public disclosure, one of the following conditions applies:
a) the reporting person has previously made an internal and external report or has directly made an external report, as per the law, and no feedback has been given within the terms regarding the measures envisaged or adopted to follow up on the reports;
(b) the reporting person has reasonable grounds to believe that the infringement may constitute an imminent or manifest danger to the public interest;
c) the reporting person has reasonable grounds to believe that the external report may entail the risk of retaliation or may not have an effective follow-up due to the specific circumstances of the specific case, such as those in which evidence may be hidden or destroyed or in which there is a well-founded fear that the person receiving the report may be in collusion with the perpetrator of the violation or involved in the violation itself.
17. DOCUMENTATION
The reports and the related documentation are kept for the time necessary to process the report and in any case no longer than five years from the date of communication of the final outcome of the reporting procedure, in compliance with confidentiality obligations.
If a recorded telephone line or other recorded voice messaging system is used for reporting, the report, with the consent of the reporting person, shall be documented by the personnel in charge by recording it on a device suitable for storage and listening or by full transcription. In the case of transcription, the reporting person may verify, correct or confirm the content of the transcription by signing it.
If an unrecorded telephone line or other unrecorded 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 designated staff. The reporting person may verify, correct and confirm the content of the transcript by signing it.
When, at the request of the reporting person, the report is made orally during a meeting with the relevant personnel, it shall, with the prior consent of the reporting person, be documented by the relevant personnel by means of a recording on a device suitable for storage and listening or by means of a report.
In the case of a report, the reporting person may verify, rectify and confirm the report of the meeting by signing it.
18. PERSONAL DATA
Any processing of personal data, including communication between competent authorities, must be carried out in accordance with Regulation (EU) 2016/679, Legislative Decree 30 June 2003, n. 196 and Legislative Decree 18 May 2018, n. 51.
Personal data that are clearly not useful for processing a specific report are not collected or, if collected accidentally, are deleted immediately.
The rights referred to in Articles 15 to 22 of Regulation (EU) 2016/679 cannot be exercised by means of a request to the data controller or by means of a complaint pursuant to Article 77 of the Regulation if the exercise of such rights could result in actual and concrete harm to the confidentiality of the identity of the reporting person.
The processing of personal data relating to the receipt and management of reports is carried out by Antica Sartoria Srl and the Reporting Manager, 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 the persons involved 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 adopting appropriate measures to protect the rights and freedoms of the interested parties.
Each owner shall identify and implement technical and organizational measures suitable for guaranteeing a level of security adequate to the specific risks arising from the processing carried out, 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. CLOSING
This procedure is approved by the Chief Executive Officer who communicates it to the Board of Directors. The Compliance Officer is responsible for updating and disseminating it.