Whistleblowing

 

Reporting unlawful conduct

On 7 October 2019, the European Parliament and the Council of the European Union adopted the European Directive on the protection of persons who report breaches of Union law, which aims to protect whistleblowers who report acts of corruption, fraud or breaches of the legislation of EU countries.
These measures require the employers concerned to provide secure channels for reporting and prohibit any retaliation against whistleblowers.
 

1. What we mean by Whistleblowing

 

Whistleblowing is an important tool that aims to identify corrupt, illegal or unethical behaviour or other illegal conduct and give the company the opportunity to prevent it in time and correct it, in order to avoid serious repercussions on the company's business or to question its liability.

 

The system also contributes, in a broader sense, to the protection of the Company.

 

Whistleblowing means the reporting of behaviour, acts or omissions, in violation of the provisions of Legislative Decree 231/2001, or of national or European Union regulatory provisions that harm the public interest or the integrity of a public administration or a private body, carried out by a person who has become aware of it in the context of his or her work context,  public or private.

 

Mozzanica has adopted a system aimed at promoting a corporate culture characterized by correct behaviour, ensuring a working environment in which employees feel free to report any illegal behaviour.

 

Whenever a Whistleblower knows or reasonably suspects that one of the violations covered by the Whistleblowing System has occurred or is about to occur, the person or body in question may use the aforementioned tool.

 

Whistleblowing is not a replacement for specific systems already in place to prevent certain types of risks or for other channels such as Management or Employee Representatives, but it is a complementary process. It is only used in the absence of any other more appropriate process. Whistleblowing is a right for the Whistleblower and under no circumstances an obligation.


2. What can be reported through the Whistleblowing tool?

 

Mozzanica-related misconduct or violations of relevant EU laws and regulations. This includes conduct constituting relevant crimes pursuant to Legislative Decree 231/2001 and violations of the Mozzanica Code of Ethics.

The reports, addressed to the person appointed by Mozzanica to manage the reporting channel, must concern offences or violations that harm the public interest or the integrity of Mozzanica, of which the whistleblower has become aware in the working context of Mozzanica.

 

Some examples of reportable breaches

  • Finance
    • Theft
    • Fraud
    • Misappropriation of company assets
    • Money laundering
    • Tax fraud
  • Human resources
    • Discrimination
    • Forced labor
    • Child labor
    • Moral or physical harassment in the workplace
    • Violation of trade union rights
  • Environment
    • Risk of Pollution
  • Ethics
    • Violation of the anti-corruption code of conduct regarding gifts and invitations
    • Personal data breach
    • Protection of privacy

 

Reports related to disputes, claims, or requests tied to the whistleblower's personal interests, concerning only their individual employment relationships or their relationships with superiors, cannot be reported.

 

Reports should be based on established facts, avoiding any defamatory or prejudicial content.


3. Who can submit a Whistleblowing report?

 

The system applies to employees at all levels, corporate bodies, non-executive directors and shareholders, self-employed persons, paid and unpaid trainees, volunteers, but also to former or potential employees, contractors, subcontractors, suppliers, freelancers and consultants who work for the Company.


4. What protections are provided for Whistleblowers?

 

The identity of the Whistleblower, as well as that of any third parties mentioned, must be treated with a high level of confidentiality.

 

In addition, the identity of the Whistleblower and any third party mentioned is protected. These measures also apply to the relatives, dependents or spouses of each of these persons.

 

Whistleblowers are protected from dismissal, degradation and other discrimination, as well as retaliatory actions (e.g. suspension, termination of contract, dismissal or equivalent measures, etc.).

 

Mozzanica does not tolerate any measures or threats of retaliation or reprisals, whether direct or indirect. Whistleblowers are protected by law against any retaliatory measures or attempts or threats of retaliation such as suspension, dismissal, demotion or refusal of promotion, negative evaluation of work performance, coercion, intimidation, harassment, discrimination, failure to renew or termination of the contract.
 The legal protection offered to the whistleblower extends to individuals who assist them in making the report (“facilitators”), to individuals connected to the whistleblower who are at risk of retaliation, and to legal entities controlled by the whistleblower.
It is the whistleblower's responsibility to make reports in good faith and in line with the spirit of the legislation. The procedure does not prejudice the criminal and disciplinary liability of the whistleblower in cases of slanderous or defamatory reporting under the penal code and Article 2043 of the Italian Civil Code.
 Any form of abuse of the whistleblowing procedure, such as manifestly opportunistic reports and/or reports to harm the accused or other individuals, is also a source of liability in disciplinary proceedings and other competent forums, as well as any other instances of improper use or intentional exploitation of the institution covered by this procedure.
Except in cases where liability for slander and defamation may arise, as mentioned in the previous section on Civil and Criminal Liability, the identity of the whistleblower is protected in all contexts following the report. Specifically, regarding the disciplinary procedure, the identity of the whistleblower may be disclosed to the disciplinary authority and the accused only in cases where: there is explicit consent from the whistleblower, or the contestation of the disciplinary charge is based, in whole or in part, on the report, and knowledge of the reporter's identity is absolutely essential to the defense of the accused.

5. How to make a report

 

Mozzanica's Whistleblowing Policy provides employees and external parties connected with Mozzanica with the ability to report a breach using a dedicated IntegrityLog platform.

This platform is a global and confidential reporting tool created by CompyLog, which can be used 24 hours a day, seven days a week and is suitable for ensuring multiple ways of reporting: in writing, orally or through a voice messaging system.

 

 

 

START A VIOLATION REPORT

 

 

 

You can submit a report anonymously. However, it may not fall under the Whistleblowing discipline and may be managed by the company as an "ordinary" report, where it is expected to be dealt with and the requirements are met.

In the event of failure to respond to the internal report within the established deadlines, or if the whistleblower has reasonable grounds to fear retaliation or imminent danger, the Whistleblower may use the external reporting channel, by contacting the competent authority directly (National Anti-Corruption Authority "ANAC"), according to the specific provisions published on its website.


6. More information

 

To consult the procedure, click on the following link: download the full document

 

For any questions regarding Mozzanica's whistleblowing system, you can directly contact the Ethics Committee via email at ethics@mozzanica.eu.

 

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