Introduction
Pursuant to Law No. 179 of November 30, 2017 (which amended Legislative Decree No. 231/2001), the Italian legislator introduced provisions aimed at encouraging employees to responsibly and in good faith report any unlawful conduct, irregularities, or cases of corruption in the interest of the Company (so-called "Whistleblowing").
Reports may be handled by the Supervisory Body under the following conditions:
- They must include specific information: therefore, reports that do not contain the necessary information or essential data required to carry out the subsequent investigations will not be examined and will be archived.
- They must be based on detailed and substantiated facts and must not have defamatory purposes. Any report containing sufficiently specific data and elements will be investigated. At the conclusion of the investigation phase:
- If the reported facts are confirmed, the Supervisory Body will submit its recommendations to the Company's governing bodies for the adoption of the appropriate measures.
- If sufficient evidence is not found, or if the report is determined to be defamatory or made solely for the purpose of harming the Company or other individuals, the Supervisory Body will inform the competent corporate functions. Where applicable, these functions may initiate disciplinary proceedings, apply the sanctions provided for in the Organizational, Management and Control Model, and seek compensation for damages.
Measures to Protect the Whistleblower
- Any paper-based or electronic report will be accessible exclusively to the Supervisory Body (and, where applicable, to the Anti-Corruption Compliance Function) and will be treated confidentially in order to protect the identity of the whistleblower and any other persons involved, in accordance with applicable laws and regulations.
- It is prohibited by law to violate measures protecting the whistleblower's identity or to carry out retaliatory or discriminatory acts against the whistleblower for reasons related to the report.
- Any person violating these provisions will be subject to the sanctions established by the disciplinary system.
- Any discriminatory measures may be reported by the whistleblower, or by the trade union organization designated by the whistleblower, to the Labor Inspectorate for the adoption of the appropriate measures.
- Any retaliatory or discriminatory actions (including dismissal or changes in job duties) taken against a person who has submitted a report in good faith and without defamatory intent shall be considered null and void.
