What is whistleblowing?
According to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (hereinafter referred to only as the “Directive”), the term whistleblowing refers to the process of uncovering unfair conduct by submitting a report, i.e. providing information to persons who are able to investigate the reported fact, where applicable intervene and adopt corrective or preventive measures. During investigation of the given situation, emphasis is placed on ensuring the absolute protection of the whistleblower’s identity. It therefore concerns a tool which leads to curbing of illegal practices and unfair or unlawful conduct.
|Unfair conduct||Unlawful conduct which exhibits the characteristics of a criminal offence or misdemeanour, or conduct which breaches EU law as defined by the Directive. Subject to meeting of these conditions, this may concern corruption, a threat to health, safety or the environment, abuse of power, and activities performed to cover up the above-mentioned conduct.|
|Whistleblower||A natural person who submits a complaint/report regarding unfair conduct which comes to his/her attention in relation to his/her work or similar activity. This typically concerns current and former employees, persons working on the basis of agreements performed outside of an employment relationship, collaborating self-employed persons and their employees, or members of the bodies of commercial companies.|
|Competent person||The person responsible for the entire course of the investigation who will deal with reports which have been submitted, investigate them and provide feedback to all stakeholders, including the whistleblower and management. This person has been duly instructed and will maintain strict confidentiality.|
Submitting a complaint
Whistleblowers can contact both internal and external reporting channels. However, they should preferably use the internal reporting channel to submit a report. The report should include their name, surname, date of birth and job title. Anonymous submissions will not be investigated. Internal reports can be submitted in the following ways:
Electronic submission via the e-mail address email@example.com
Electronic submission via the online form
IN PERSON OR BY TELEPHONE
• Submission in person to the competent persons who can be contacted at the address K Borovému 99, Říčany Jažlovice
• Suzana Fawzy
• Anna Vovesná
• Markéta Pituchová
• Submission by telephone to the competent persons on tel. no. +420 720 936 757
Procedure for investigation of reports
All reports will be considered by the competent person in an objective, confidential, impartial and thorough manner. Unless determined otherwise by law, the competent person is obliged to maintain the confidentiality of the facts which he/she becomes aware of while performing this activity.
The whistleblower will be sent confirmation of receipt of the report by the competent person within seven days and will also be informed of the time limit for consideration of the report. In this confirmation of receipt of the report, the competent person will also provide the whistleblower information about protection of his/her identity, protection of confidentiality, the content of the submission and the subsequent manner in which his/her report will be evaluated. This confirmation will not be sent by the competent person to the whistleblower if the whistleblower has explicitly requested that he/she not be informed of receipt of the report or if sending such confirmation could reveal the identity of the whistleblower. In the case of a telephone submission or submission in person, the whistleblower will be provided this information verbally.
The competent person is obliged to investigate the complaint and to inform the whistleblower in writing of the result of the investigation within three months of its receipt (unless the whistleblower has requested that he/she not be informed or if provision of such information would reveal the identity of the whistleblower).
If the competent person deems the report to be incomplete, he/she will contact the whistleblower with a request for supplementation of the information necessary to perform proper investigation of the matter.
During investigation of reports, emphasis is placed on protection of the identity of the whistleblower and also on protection of personal data in accordance with the applicable legislation.
Evaluation of the investigation
If the report is found to be substantiated, the process of adopting corrective measures will be commenced on the basis of this report, the aim of which is remedying of the illegal state of affairs which the whistleblower drew attention to.
If the competent person deems the report to be unfounded, he/she will inform the whistleblower of this fact in writing without unnecessary delay and will inform the whistleblower of his/her right to submit a report to the competent public authority. This notification must be duly substantiated.
If this does not concern a report within the meaning of the Directive, the competent person will immediately inform the whistleblower of this fact in writing and advise him/her on how to proceed with the report (e.g. who to contact with the reported facts).
The whistleblower will not be penalised in any way in relation to submission of the report. Such conduct would be considered so-called retaliation, which is strictly prohibited and will not be tolerated. This protection applies not only to the whistleblower, but also to the wider range of persons defined by the Directive, such as persons close to the whistleblower.
A person who has knowingly submitted a false report will not be protected from retaliation.