LAMITEX S.p.A. commits to operating in an ethical and responsible manner and requires its personnel and partners – such as the administrators, executives, control bodies, managers, employees and other partners – as well as business associates to consequently operate and respect:
- Code of Ethics of the company;
- Applicable laws and regulations;
- Measures of the Authorities;
- Model of Organisation, Management and Control pursuant to Italian Legislative Decree No. 231/2001 and corporate procedures.
WHAT TO REPORT
LAMITEX S.p.A. encourages its stakeholders to report any violation or suspected violation of national or European Union regulatory provisions which harm the public interest or the integrity of the public administration or the Company, as well as any violation of the principles and prescriptions of the Model of Organisation, Management and Control and/or the Code of Ethics of LAMITEX S.p.A., which they have become aware of as part of their work context, public or private.
To this end, LAMITEX S.p.A. has implemented specific rules and a whistleblowing process, to give the potential reporting individuals secure channels which guarantee the confidentiality of their identity and the information contained in the report and protection from any retaliations and discrimination.
HOW TO REPORT
a) Through platform
LAMITEX S.p.A. has made available a dedicated digital platform, managed by a specialised third
party, in order to guarantee the effectiveness and confidentiality of the reporting process, as well as
allow access to it by all those who wish to make a report. The
platform is accessible from the site www.lamitex.it and the company Intranet.
Even though anonymous reports are accepted, LAMITEX S.p.A. encourages the reporters to choose
named ones, benefiting the speed and efficacy of the investigations.
b) Other channels of internal communication
The reports related to whistleblowing can also be made by Ordinary Post, at the address: Avv. Enrico Bevilacqua, Piazzale Ellero dei Mille No. 6, 33170 Pordenone (Attn: Manager of the internal whistleblowing reporting channel of LAMITEX S.p.A.), making sure to following the measures anticipated by the reporting management procedure, in order to guarantee the confidentiality required by Italian Legislative Decree No. 24/2023 and the confidential registration of the report by the Manager of the internal reporting channel.
Should the reporting individuals request, through the aforementioned channels, a direct meeting, the manager of the internal reporting channel will make themselves available to receive the report.
Formality
N.B. It is the responsibility of the reporter to specify, in the report, whether they want to keep their identity confidential and benefit from the protection anticipated in case of any retaliations.
Without that indication, in fact, the report could be treated as an ordinary report, not falling within the scope of application of Italian Legislative Decree No. 24/2023, with resulting inapplicability of the relative guarantees and protection.
Furthermore, that specification makes it possible, should the report be incorrectly sent to a subject that is not qualified, for this last individual to promptly send it to the subject authorised to receive and manage the whistleblowing reports, in compliance with the guarantees of confidentiality provided by the law.
WHAT DOES LAMITEX DO AFTER HAVING RECEIVED THE REPORT?
The Whistleblowing process is divided into the following phases:
- Receipt of the reports;
- Preliminary assessment;
- Investigation;
- Closure of the reports.
The Manager of the internal reporting channel issues a notice of receipt of the report to the person reporting within seven days of the date of its receipt and start of the preliminary investigation, carrying out in-depth studies aimed at verifying objectively the validity or otherwise of the facts reported. The results of the investigation are submitted to the competent department/s according to the issue/s, for the definition of the possible measures necessary, in compliance with the Disciplinary System and the system of delegations in effect.
WHAT NOT TO REPORT
Reports of than those described above will not be processed, in particular those referred to requests and complaints of a commercial nature. In the event of unfounded reports, made in bad faith or with serious negligence, Lamitex reserves the right act in defence of its interests or of the individuals harmed.
GUARANTEES AND PROTECTION
The Manager of the internal reporting channel, as well as the entire staff of Lamitex S.p.A. who, for any reason, should be involved in the management of the reports, is required to guarantee the confidentiality of its existence, the contents of the report and the relative documentation, as well as the identity of the reporting subjects (if communicated), of the facilitators (if present), of the subjects reports and/or, in any case, all the subjects involved or mentioned in the report.
Lamitex S.p.A., furthermore, forbids and penalises any form of retaliation or discrimination against anyone who has made a report (as well any anyone who has cooperated in verifying the facts reported) based on a reasonable conviction that the information on the violations reported, disclosed or notified are true and fall within the objective scope of application of Italian Legislative Decree No. 24/2023, regardless of whether the report is later revealed to be founded or not.
COMMUNICATION OF THE RETALIATIONS
In any case, the subjects who have suffered or feel that they have suffered a retaliation as consequence of a report, notification or public disclosure, can communicate those retaliations to ANAC.
In particular, the following subjects can make that communication to the ANAC address should they feel that they have suffered a retaliation because of a report, notification or public disclosure: the reporting subjects, the facilitators, the people of the same work context, the work colleagues (also legal entities if they are entities owned by the reporting subject), notifying person, person making public disclosure or entities in which they work or entities that operate in the same working context.
When making the communication of the retaliation, it is necessary to acknowledge the consequences between report, notification, public disclosure made and retaliation complained about. Therefore, the reporting party must provide ANAC with the objective elements from which it is possible to deduce the consequences between report, notification, public disclosure made and retaliation complained about.
In those cases, once the communication has been received, ANAC carries out the verifications that the law authorises it and, should it determine the retaliatory nature of actions, measures, behaviours, omissions adopted, or even just attempted or threatened, their invalidity and the application of a financial administration penalty follows.
EXTERNAL REPORTS – PROCEDURES, PREREQUISITES AND CHANNELS
The National Anti-corruption Authority (ANAC) has activated a service that makes it possible to file a report – regarding the violations of national and European Union regulatory measures that harm the public interest or the integrity of the public administration or the Company and/or the additional violations described in better detail in the preceding paragraph 4, of which the reporting subjects have become aware in the scope of their work context, public or private – through an external channel, which guarantees the confidentiality of the identity of the reporting individual, the person involved and the person mentioned in the report, as well as the contents of the report and the relative documentation.
The same confidentiality is also guaranteed when the report is made through channels other than those anticipated or reaches staff other than the person assigned to the processing of the reports, to whom it is in any case sent at once.
Prerequisites for external reporting
Access to that channel, however, is allowed only when certain conditions occur which are expressly anticipated by the government. In particular, the reporting person can file an external report if, at the time it is submitted, at least one of the following conditions applies:
a) the internal reporting channel, while mandatory, is not active or, even if active, does not comply with the provisions of Italian Legislative Decree No. 24/2023 relative to the subjects and the submission methods of the internal reports;
b) the reporting person has already filed an internal report and it was not followed up;
c) the reporting person has valid reasons for believing – based on the circumstances of the particular case,
attached to the report, and information can be actually acquired – that, if they filed an internal report, it would not be followed up on or that same report could determine the risk of retaliation;
d) the reporting person has valid reasons to believe that the violation could constitute an imminent or blatant danger to the public interest.
External reporting channels
The external reports can be filed:
- in writing, through the digital platform made available by ANAC;
- verbally, via the telephone lines or the voice messaging systems specifically provided by ANAC;
- at the request of the reporting person, in a direct meeting set within a reasonable period of time.
The external report filed to a subject other than ANAC is sent to ANAC, within seven days of the date of its receipt, sending notification at the same time of the transmission to the reporting person.