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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. The directive aims to protect those (Whistleblowers) who report acts of corruption, fraud or violations of the legislation of European Union member states.
These measures require the employers concerned to provide protected channels dedicated to whistleblowing and prohibit any retaliation against those who report irregularities.

1. What we mean by Whistleblowing

 

Whistleblowing is an important tool that aims to identify corrupt, illegal or unethical behavior or other illegal conduct, and give the company the opportunity to prevent and correct it in time, in order to prevent major repercussions on the company’s operations or risk compromising its liability.

The system also contributes, more broadly, to protecting the Company.

 

Whistleblowing refers to the reporting of behaviors, acts or omissions in violation of the provisions of Legislative Decree 231/2001, or of national or European Union regulations that harm the public interest or the integrity of a public administration or private entity, made by an individual who becomes aware of such conduct within their own work context, whether public or private.

 

Mozzanica has adopted a system aimed at promoting a company culture characterized by correct behavior, ensuring a working environment in which employees feel free to report any unlawful conduct.

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 individual or body in question can 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 is a complementary process. It is used only in the absence of any other more appropriate process. Whistleblowing constitutes a right for the individual making a report and is under no circumstances an obligation.


2. What can be reported through the Whistleblowing tool?

 

Inappropriate behavior related to Mozzanica or violations of relevant EU laws and regulations. This includes conduct constituting relevant offenses under Legislative Decree 231/2001 and violations of the Mozzanica Code of Ethics.

Reports, intended for the Corruption Prevention and Transparency Officer or other designated competent authorities, must concern unlawful acts or violations that harm the public interest or the integrity of Mozzanica, of which the whistleblower has become aware within 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
    • Pollution risk
  • 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 of violations of European Union law are also excluded when the relevant regulations already provide specific reporting procedures.

 

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 workers, paid and unpaid interns, volunteers, as well as former or potential employees, contractors, subcontractors, suppliers, freelancers and consultants providing services to the company.


4. What protections are provided for Wwhistleblowers?

 

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

 

Furthermore, the identity of the whistleblower and any third party mentioned is protected. These measures also apply to the relatives, dependants or spouses of each of these individuals.

 

Whistleblowers are protected from dismissal, demotion and other forms of discrimination, as well as from retaliatory actions (e.g. suspension, termination, 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 to Mozzanica the opportunity to report a violation using a dedicated platform, IntegrityLog.

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 designed to ensure multiple reporting methods: in writing, orally, or through a voice messaging system.

 

 

 

START A VIOLATION REPORT

 

 

 

Please note that it is possible to submit a report while maintaining anonymity.

Alternatively, or subsequently, the whistleblower may use an external reporting channel by directly contacting the competent authority (National Anti-Corruption Authority "ANAC") according to the specific provisions implemented by the local regulatory authority, available on its website.


6. More information

 

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

 

Download the full document


For further information on the whistleblowing system, please contact the designated competent authority in Italy: ANAC - National Anti-Corruption Authority.

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