Whistleblowing

B&T SpA, which has always been sensitive to the ethical issues and correct conduct of its business and its subsidiaries DB Srl and Facondini Materassi Srl, has implemented internal violation reporting systems to allow subjects identified by law to report violations of regulatory provisions national or European Union which may harm the public interest or the integrity of the company, of which they have become aware in a public or private working context, including violations of the Code of Ethics or of the Organisation, Management and Control Model for pursuant to Legislative Decree 231/01.

THE REGULATION

In implementation of Directive (EU) 2019/1937, Legislative Decree no. was issued. 24 of 10 March 2023 concerning "the protection of people who report violations of Union law and containing provisions regarding the protection of people who report violations of national regulatory provisions".

WHO CAN MAKE A REPORT?

The following subjects can make reports:

  • Employees;
  • former employees;
  • interns;
  • collaborators;
  • providers;
  • consultants;
  • shareholders and people with administration, management, control and supervisory or representation functions.

WHAT CAN BE REPORTED?

According to the aforementioned legislation, the report must concern behaviours, acts or omissions which consist of:

  • administrative, accounting, civil or criminal offences;
  • relevant illicit conduct pursuant to Legislative Decree no. 231/2001 or violations of the organization and management models provided therein;
  • offenses falling within the scope of European Union or national acts relating to the following sectors: public procurement; financial services, products and markets and prevention of money laundering and terrorist financing; product safety compliance; transport safety; environmental Protection; radiation protection and nuclear safety; food and feed safety and animal health and welfare; public health; consumer protection; protection of privacy and protection of personal data and security of networks and information systems;
  • acts or omissions detrimental to the financial interests of the Union;
  • acts or omissions relating to the internal market, such as competition and state aid violations;
  • acts or conduct which frustrate the object or purpose of the provisions set out in Union acts.

WHAT MUST BE EXCLUDED FROM THE REPORT?

  • Disputes, claims or requests linked to a personal interest of the reporting person or of the person who has filed a complaint with the judicial or accounting authority which relate exclusively to their individual work or public employment relationships, or inherent to their employment relationships or public employment with hierarchically superior figures;
  • reports of violations where already regulated on a mandatory basis by European Union or national acts or by national ones that constitute the implementation of European Union acts;
  • reports of breaches relating to national security, as well as procurement relating to defense or national security aspects, unless such aspects fall under relevant secondary law of the European Union.

In any case, before making a report, the reporter must have a reasonable and well-founded reason to believe that the information relating to the violations to be reported is truthful and falls within the provisions of the applicable legislation.

WHAT PROTECTIONS ARE PROVIDED FOR THE REPORTER?

Each report is extremely confidential and, therefore, is managed with the utmost confidentiality in full compliance with applicable regulations, also in relation to the protection of the personal data of the reporter. In this regard, please note that it is also possible to report anonymously.

The measures to protect the whistleblower are:

1) prohibition of retaliation : the whistleblower cannot suffer retaliation for the mere fact of reporting. By retaliation we mean:

  • dismissal, suspension or equivalent measures;
  • demotion or failure to promote;
  • the change of functions, the change of the workplace,
  • salary reduction, modification of working hours;
  • the suspension of training or any restriction of access to it;
  • negative merit notes or negative references;
  • the adoption of disciplinary measures or other sanctions, including pecuniary ones;
  • coercion, intimidation, harassment or ostracism;
  • discrimination or otherwise unfavorable treatment;
  • the failure to convert a fixed-term employment contract into a permanent employment contract, where the worker had a legitimate expectation of such conversion;
  • failure to renew or early termination of a fixed-term employment contract; damage, including to the person's reputation, in particular on social media, or economic or financial prejudice, including loss of economic opportunities and loss of income;
  • improper listing on the basis of a formal or informal sectoral or industry agreement, which may result in the person being unable to find employment in the sector or industry in the future;
  • the early termination or cancellation of the contract for the supply of goods or services;
  • the cancellation of a license or permit;
  • the request to undergo psychiatric or medical tests.

2) support measures : a list of Third Sector Bodies from which the whistleblower can receive support measures such as: free information, assistance and consultancy has been established at the National Anti-Corruption Authority (ANAC);

3) protection from retaliation : possibility of communicating to the ANAC the retaliation suffered by the whistleblower.

ARE THERE EXTENSIONS OF THE PROTECTION OF THE REPORTER?

Yes. The measures to protect the whistleblower also apply:

  • to the facilitator (natural person who assists the reporter in the reporting process, operating within the same working context and whose assistance must remain confidential);
  • to people from the same working context as the reporting person, the person who filed a complaint or the person who made a public disclosure and who are linked to them by a stable emotional or kinship bond within the fourth degree;
  • to work colleagues of the reporting person or of the person who has filed a complaint or made a public disclosure, who work in the same working context as the person and who have a regular and current relationship with that person.
  • to entities owned by the reporting person or for which the same people work as well as to entities that operate in the same working context as the aforementioned people.

ARE THERE CASES OF LOSS OF PROTECTION?

Yes. When the criminal liability of the reporting person for the crimes of defamation or slander or in any case for the same crimes committed with the report to the judicial or accounting authority or his civil liability, for the same title, in cases of fraud or gross negligence, protections are not guaranteed and a disciplinary sanction is imposed on the reporting person.

HOW ARE REPORTS MANAGED?

To protect the "reporter" and the "reported" as much as possible, all the necessary security measures have been adopted: regardless of the choice made by the "reporter" to make a report anonymous or not, the confidentiality of the identity of the person who writes and the content of the report through secure protocols and encryption tools that allow the personal data and information provided to be protected. The identity of the reporter is never revealed without his consent, except in the cases provided for by current legislation. The body currently responsible for managing reports is the legal office of B&T SpA which, in the event of reports relating to the subsidiaries indicated above, will direct the report to the respective competent offices.

HOW TO MAKE A REPORT?

  1. Access the link https://areariservata.mygovernance.it/#!/WB/Dorelan, fill out the form by entering your name, surname and a personal e-mail address (please do not use the company one, as required by the Privacy Guarantor)
  2. Follow the instructions received with the email containing the unique access credentials
  3. Log in to your account with your credentials
  4. Proceed by clicking the “CREATE REPORT” button
  5. At this point, it will be possible to proceed with the reporting:
    a) inform anonymously using the appropriate option,
    b) anonymously, but in any case with the guarantees of confidentiality provided by law
  6. Once the reporting method has been established, the reporter will proceed by filling out the form, also choosing the company for which he intends to make the report
  7. The fields marked with the * symbol are mandatory. Some fields are open and must have a minimum number of characters.

For the operating methods, the video tutorial made available by the reporting system manager will be sent to the reporting party together with the access credentials in the first communication.

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