Whistleblowing policy
Masmec S.p.A., in compliance with the Italian Legislative Decree no. 24/2023, informs that it is possible to report breaches of national or EU laws (administrative, financial, civil and criminal offences, unlawful conducts, etc.) which harm the company’s integrity.
Reports can be made by employees, self-employed workers, sales agents and representatives, freelancers and consultants, collaborators, trainees, shareholders, persons belonging to the administrative, management, supervisory or representative body of an undertaking, etc., who have become aware of a breach in a work-related context.
Reporting channels
Masmec S.p.A. provides internal reporting channels to enable reporting in writing and orally.
Written reports must be submitted by registered letter and placed in two sealed envelopes: the first one with the identification data and a copy of the identification document of the reporting person, the second one with the report to keep it separated from the whistleblower’s identification data. Both envelopes must be placed in a third sealed envelope marked as “Confidential” and addressed to:
Whistleblowing Manager of Masmec S.p.A.
Via delle Violette, 14
70026 Modugno (BA) – ITALY
Reports can also be made orally by calling the following phone number:
+39 080 58 56 670
and the reporting person can also request a meeting with the Whistleblowing Manager within a reasonable timeframe.
The Whistleblowing Manager is Mr Michele Turchiano, Masmec S.p.A. HR Manager, who will investigate and treat reports confidentially.
Characteristics of reports
Reports of misconduct shall be as detailed as possible to allow an investigation into the facts of the case. They shall specify:
- the time and place where the event occurred;
- a description of what happened;
- personal details, such as full name and address, or other elements that could be used to identify the alleged wrongdoer.
It is also useful to enclose documents that corroborate the reported facts and indicate any other person who may have knowledge of the event.
It is advisable that the reporting person marks their report as “Whistleblowing – Confidential” in the subject line.
Disclosures not protected under whistleblowing policy 24/2023
Non tutte le segnalazioni sono ricomprese nell’alveo del D.Lgs. 24/2023. Più in particolare sono escluse dall’ambito “whistleblowing”:
- disputes, claims or requests concerning a personal interest of the whistleblower or the person filing a complaint that relate exclusively to their individual employment relationship or their relations with superiors. Therefore, reportable wrongdoings exclude labour disputes, pre-litigation process, discrimination between employees, interpersonal conflicts between the reporting person and another employee or a superior, data processing in the employment context that do not harm the company’s integrity;
- reports of breaches that are mandatorily regulated by sector-specific laws (financial services, prevention of money laundering and terrorism, transport safety, protection of the environment, etc.);
- reports of breaches related to national security and procurement involving defence or security aspects.
Protection of whistleblowers and alleged wrongdoers
Masmec S.p.A. ensures every effort to protect the identity of the whistleblower to safeguard against retaliation.
The identity of the whistleblower is not disclosed to anyone beyond the authorised staff members competent to receive or follow up on reports.
This protection is extended to persons concerned, persons assisting the whistleblower in the reporting process in a work-related context (facilitators), and persons mentioned in the report.
Anonymous reports
Reports made by persons whose identity is not specified and cannot be traced are considered anonymous and therefore they will be treated as ordinary reports, which are not protected under whistleblowing policy.
However, anonymous reports will be registered by the Whistleblowing Manager, who will store the related documents.
Persons who reported anonymously, but who are subsequently identified and suffer retaliation, qualify for the protection provided for whistleblowers.
Management of internal reports
The Whistleblowing Manager will:
- acknowledge receipt of the report within 7 days of receipt;
- maintain contact with the reporting person and diligently follow up on the report;
- provide feedback to the reporting person within 3 months of acknowledgment of receipt. If no acknowledgement was sent, feedback must be provided within 3 months from the expiry of the 7-day period after the report was made.
External reporting channel
In specific cases, reports can be made externally to ANAC (Italian anticorruption authority) at:
https://whistleblowing.anticorruzione.it
This channel can be used only if:
- the mandatory internal reporting channel does not comply with the law;
- the reporting person has previously reported internally, but has not received any feedback;
- the reporting person has reasonable grounds to believe that an internal report may not be effectively followed up or may involve a risk of retaliation;
- the reporting person has reasonable grounds to believe that the breach may constitute an imminent or manifest danger to the public interest.
Privacy
All processing of personal data and sensitive personal data that may be included in the reports will comply with the data protection legislation in force.