Whistleblower reports

PROCEDURE FOR REPORTING IRREGULARITIES
AND WHISPER PROTECTION AT HUGEHALLS Group SA

§ 1
TERMS AND DEFINITIONS

Whenever this document refers to:

  1. HUGEHALLS  - this shall be understood as HUGEHALLS Group SA with its registered office at Al. Jana Pawła II 27, 00-867 Warsaw, NIP PL6681972226, Regon 363146260, KRS 0000599601 together with all branches and places of conducting business activity;
  2. Employee this shall be understood as a person who is in an employment relationship with HUGEHALLS within the meaning of Article 22 § 1 of the Labour Code;
  3. Colleague this is understood to mean a person providing services to HUGEHALLS on the basis of a civil law contract;
  4. Signalmen this means a person reporting irregularities who has been granted the status of a whistleblower under the terms set out in this Procedure;
  5. Abnormalities - this is understood as a factual state resulting from an action or omission, indicating the possibility of events violating or potentially violating generally applicable legal provisions or internal regulations. It is also any action or omission that constitutes or may constitute an illegal or unethical action;
  6. Procedure this means the Procedure for reporting irregularities and protecting whistleblowers,
  7. To the authorized person to make a report this shall be understood as a person who has the right and obligation to make a report;
  8. Reporting irregularities this shall be understood as the provision of information that may indicate irregularities by a person authorized to report it in the manner specified in this Procedure.
  9. The reporting party this shall be understood as a person reporting irregularities using the reporting channels specified in this Procedure;
  10. To the person responsible for handling reports, this shall be understood as the person responsible for considering the Report of Irregularities;
  11. Initial analysis of the application this shall be understood as verification of the content of the report in terms of the existence of grounds for its recognition in the course of the explanatory proceedings and granting the reporting person the status of a whistleblower, within the framework of which the person responsible for handling reports has the right to request the reporting person to supplement the data contained in the report of irregularities within a specified deadline;
  12. The explanatory proceedings this means the proceedings conducted in connection with the submitted Notification, under the terms specified in this procedure;
  13. Register of Reports of Irregularities (Register) means the register maintained in connection with the notifications submitted.

§ 2
GENERAL

  1. HUGEHALLS’s business strategy is based on responsibility, preventing corruption and other irregularities both within the organisation and among collaborating entities, taking into account a number of aspects, in particular social interests, environmental protection, and relations with various groups of collaborators.
  2. The procedure is an element of the management control system, its primary purpose is to prevent irregularities at HUGEHALLS.
  3. HUGEHALLS conducts its business based on absolute respect for the law, good practices and the highest ethical standards.
  4. The primary objective of the Procedure is to establish a system for reporting irregularities at HUGEHALLS by creating safe reporting channels that prevent any retaliatory action against the whistleblower.
  5. The procedure specifies in particular:
    1. the scope of irregularities covered by the procedure,
    2. scope of authorized persons,
    3. principles of reporting irregularities by persons authorized to do so,
    4. responsibility in the irregularities management process,
    5. the process of considering and managing irregularities,
    6. the principles of confidentiality, in particular the principles of keeping confidential the reports of irregularities made by whistleblowers and the identity of the persons making the reports.
§ 3
SCOPE OF THE PROCEDURE
  1. The procedure and its provisions apply to the following groups of persons entitled to submit a report:
    1. employees and associates and former employees and associates of HUGEHALLS,
    2. persons acting on behalf of and for the benefit of HUGEHALLS,
    3. any other persons in any way associated with HUGEHALLS, in particular: persons assisting in reporting irregularities, interns, trainees or candidates for employment, if they obtained information regarding irregularities during the recruitment process or other processes preceding the establishment of an employment relationship.
  2. Reporting irregularities may concern in particular:
    1. entities associated with HUGEHALLS,
    2. a natural person authorized to represent HUGEHALLS,
    3. employees and associates of HUGEHALLS in connection with the provision of work for it,
    4. a subcontractor or another entrepreneur who is a natural person, if his prohibited act was related to the performance of the contract concluded with HUGEHALLS,
    5. an employee or associate or a person authorised to act in the interest or on behalf of an entrepreneur who is not a natural person, if his or her act was related to the performance of a contract concluded by that entrepreneur with HUGEHALLS,
  3. Irregularities should be understood as information held by persons authorized to make a report, in particular information that may indicate:
    1. suspicion of preparation, attempt or commission of a prohibited act by entities referred to in paragraph 2,
    2. failure to fulfil obligations or abuse of powers by entities indicated in paragraph 2,
    3. failure to exercise due diligence required under the circumstances in the actions of the entities referred to in paragraph 2,
    4. irregularities in the organization of HUGEHALLS's activities that could lead to the commission of a prohibited act or causing damage,
    5. violation of generally applicable legal provisions on the basis of which HUGEHALLS operates,
    6. violation of internal procedures and ethical standards adopted at HUGEHALLS

§ 4
PERSONS RESPONSIBLE FOR MANAGING REPORTS

  1. The person responsible for receiving and considering reports of irregularities at HUGEHALLS, and exercising overall supervision over the receipt and consideration of reports of irregularities at HUGEHALLS is Jerzy Karolewski.
  2. Reports may not be analysed by persons in relation to whom it appears from the content of the report that they may be in any way negatively involved in the action or omission constituting the irregularity.

§5
SIGNALLER

  1. In accordance with the principle of good faith, any person entitled to make a report should report an irregularity if he or she has reasonable grounds to believe that the information provided is true.
  2. A reporting person is acting in bad faith if he or she acts for a purpose that is contrary to the law or the principles of social coexistence.
  3. The decision to grant whistleblower status is made by the person responsible for handling reports.
  4. Any reporting person may obtain whistleblower status, unless the initial analysis of the report provides grounds to assume that the reporting person clearly acted in bad faith (presumption of good faith).
  5. If the reporting person did not submit the report anonymously, the person responsible for handling reports shall confirm receipt of the report within 7 days of its receipt.
  6. Exceeding the deadline referred to above is justified only if it is necessary to take additional steps as part of the initial analysis of the notification (e.g. the need to supplement the notification, collect additional evidence). The initial analysis of the notification may not last longer than 14 days.
  7. If during the investigation it turns out that the reporting person, who had previously been granted whistleblower status, acted in bad faith, he or she shall be deprived of the protection provided to a whistleblower.

§6
WHISPER PROTECTION

  1. An absolute ban on taking retaliatory action against a whistleblower is introduced, even if the report of irregularities was made in good faith and the explanatory proceedings conducted show that the reported irregularity did not take place.
  2. A whistleblower is entitled to full protection against repressive actions, discrimination, mobbing and other types of unfair treatment.
  3. It is inadmissible to terminate an employment relationship or a mutual contract with a whistleblower solely because the whistleblower has reported irregularities.
  4. The protection does not apply to a whistleblower who is also the perpetrator/accomplice/accessory of the irregularity.
  5. Detailed rules for the protection of whistleblower data are specified in the annex to this Procedure.

§7
REPORTING IRREGULARITIES

  1. Reports of irregularities can be submitted via a dedicated email box. signalman[at]hugehalls.com
  2. Reporting irregularities should provide a clear and comprehensive explanation of the subject of the report and include in particular:
    1. date and place of occurrence of the irregularity or date and place of obtaining information about the irregularity,
    2. a description of the specific situation or circumstances creating the possibility of irregularities occurring,
    3. indication of the entity concerned by the reported irregularity,
    4. indication of possible witnesses to the irregularities,
    5. an indication of all evidence and information available to the reporting party that may be helpful in the process of investigating the irregularity.
  3. The reporting person is obliged to treat the information in his possession concerning suspected irregularities as a secret and to refrain from public discussions about the reported suspected irregularities, unless that person is obliged to do so by law.

§8
ANONYMOUS REPORTS

  1. It is permissible to report irregularities anonymously via e-mail to the following address: signalman[at]hugehalls.com
  2.  Each anonymous report is subject to entry in the register. In the event that an anonymous report is left without action, the person responsible for handling reports is obliged to indicate the reasons justifying such a decision.
  3. If, during the consideration of an anonymous report, the identity of the reporting person is established, the person responsible for handling reports shall immediately grant him/her the status of a Whistleblower.

§9
FALSE REPORT

  1. Reporting irregularities may only be made in good faith.
  2. It is prohibited to knowingly submit false reports of irregularities.
  3. If it is determined as a result of the initial analysis of the report or during the explanatory proceedings that the irregularity report deliberately stated false information or concealed the truth, the reporting employee may be held liable for disciplinary action as specified in the provisions of the Labor Code. Such conduct may also be classified as a serious breach of basic employee duties and as such result in the termination of the employment contract without notice.
  4. In the case of a reporting party providing services or goods to HUGEHALLS under a civil law contract, a finding of a false report of irregularities may result in the termination of said contract and the definitive end of cooperation between the parties.
  5. Regardless of the consequences indicated above, a reporting person who knowingly makes a false report of irregularities may be held liable for damages in the event of damage to HUGEHALLS related to the false report.

§10
INVESTIGATION PROCEEDINGS

  1. Only the persons responsible for the report have access to the channels for reporting irregularities.
  2. After receiving a report of irregularities, the person responsible for handling the reports shall immediately, but no later than within 3 working days from the date of receipt:
    1. issues confirmation of reporting irregularities on a form specified in Annex No. 2 to this Procedure,
    2. performs a preliminary analysis of the application,
    3. grants or does not grant the reporting person the status of a whistleblower.
  3. If the report is suitable for consideration, the person responsible for handling reports initiates explanatory proceedings which are conducted before the Director of the Department under the principles set out in this Procedure.
  4. Exceeding the deadline indicated above is justified only if it is necessary to take additional steps as part of the initial analysis of the notification (e.g. the need to supplement the notification, collect additional evidence). The initial analysis of the notification cannot last longer than 14 days.
  5. Consideration of a report of irregularities shall be made without undue delay, within a period not exceeding 30 days from the date of initiation of the explanatory proceedings, provided that the entity considering the report is able to collect the necessary documents and evidence within that time.
  6. In particularly complex cases, the report of irregularities may be considered within no more than 90 days from the date of initiation of the explanatory proceedings.
  7. The Director of the Department prepares a report on the conducted explanatory proceedings, which also includes recommendations for resolving the matter.
  8. The person responsible for handling reports is obliged to inform the whistleblower about how the matter has been dealt with within 30 days of the end of the report’s consideration.
  9. Detailed rules for conducting the explanatory proceedings are set out in Annex No. 5 to this Procedure.

§11
REGISTER OF REPORTED IRREGULARITIES

  1. Each report of irregularities is recorded in the Register of Irregularities, regardless of the further course of the explanatory proceedings.
  2. The person responsible for receiving and processing reports is responsible for maintaining the Irregularities Register at HUGEHALLS.
  3. The Register of Irregularities includes in particular:
    1. contact details of the Whistleblower, unless the reporting of irregularities was anonymous,
    2. all detailed information available about the application,
    3. the course of analysis and consideration of reports of irregularities,
    4. persons and bodies involved in the process of analysing and considering the notification,
    5. all decisions and escalations (if any).
  4. The template of the Register of Irregularities Reports constitutes Annex No. 3 to this Procedure.
  5. In addition to maintaining the Register, the person responsible for handling reports, while maintaining confidentiality rules, is obliged to store all evidence, documents and information collected during the analysis and information regarding the consideration of the report for a period of 5 years from the completion of the explanatory proceedings.

Annexes to this Procedure:

1) Annex No. 1 – Confirmation of reporting irregularities
2) Annex No. 2 – Register of irregularity reports (template)
3) Annex No. 3 – Detailed rules for the protection of whistleblower data
4) Annex No. 4 – Detailed rules for conducting the explanatory proceedings

 

 

Annex No. 1 to the Procedure for reporting irregularities

 

CONFIRMATION OF REPORTING IRREGULARITIES

 

This is to confirm receipt of the report of irregularities,

which was made by …………………….. on .............................. and concerns the irregularity consisting in:

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It is hereby declared that the reporting person has been granted/refused the status of a Whistleblower. The refusal to grant the reporting person the status of a whistleblower is based on the following reasons:

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              signature of the person responsible for reporting

Annex No. 2 to the Procedure for reporting irregularities
REGISTER OF REPORTED IRREGULARITIES

Lp.

Name and Surname

Report No.

Position

Anonymous
YES NO

COMMENTS

1.

 

 

 

 

 

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Annex No. 3 to the Procedure for reporting irregularities

DETAILED RULES FOR WHISBLING DATA PROTECTION

  1. In the Procedure, a whistleblower is understood to mean a person reporting irregularities in matters in which he or she is not a party or participant, on behalf of the parties or participants of these proceedings.
  2. A whistleblower is any person who reports irregularities who does not do so because of his or her own legal interest.
  3. A whistleblower is not a witness in the proceedings initiated as a result of his or her report, nor is he or she a participant or party to the proceedings initiated.
  4. A whistleblower does not become a party to administrative proceedings within the meaning of the provisions of Art. 28 of the Code of Administrative Procedure in a case conducted as a result of the report received from him/her.
  5. The personal data of a person who has been granted whistleblower status are subject to special protection in order to limit the personal risk of the person reporting irregularities, including negative consequences from the persons and entities to whom the report referred.
  6. The whistleblower’s data should remain confidential and may not be disclosed during the proceedings to the parties and participants of those proceedings without the express and unambiguous consent of the whistleblower.
  7. A separate register of cases is created for cases reported by a person who has been granted whistleblower status.
  8. The person receiving the report registers the request as a separate case, with a reference number appropriate for whistleblower reports, in order to minimise the risk of disclosing the whistleblower’s data at later stages of the proceedings.
  9. A whistleblower is not requested to provide any additional personal data other than that indicated in the report, even if they do not allow for unambiguous identification.
  10. The whistleblower's details are not disclosed in any of the documents related to the proceedings.
  11. Whistleblower data shall not be disclosed at the request of the parties or participants in the proceedings.
  12. The whistleblower is informed about the course and outcome of the proceedings initiated as a result of his/her report, to the extent that the information constitutes public information within the framework of the case registered in connection with the report submitted by him/her.

Annex No. 4 to the Procedure for reporting irregularities
DETAILED RULES FOR CONDUCTING THE INVESTIGATION PROCEEDINGS

I. General rules

  1. The detailed rules for conducting the investigation constitute a set of principles, standards and guidelines as well as the rights and obligations of persons reporting irregularities and persons involved in conducting the investigation.
  2. During the investigation, all information contained in the report is subject to verification and objective evaluation.
  3. The proceedings are conducted with respect for the dignity and good name of employees, third parties and all persons involved in the case.
  4. If the reported facts are not confirmed during the proceedings, the probable explanatory proceedings are terminated.
  5. Each submission is subject to verification and registration.
  6. In order to verify the report and take follow-up action, the person responsible for receiving and processing the report may process the personal data of the person concerned and/or witnesses to the reported event without his/her consent.

II. Method of reporting and its nature

  1. Reports of irregularities are made via e-mail. signalman[at]hugehalls.com
  2. The report may be public or anonymous.
    1. A public report occurs when the whistleblower consents to reveal his or her identity to the persons involved in conducting the proceedings.
    2. An anonymous report does not allow the whistleblower to be identified.
  3. The application must include in particular:
    1. details of the reporting person (unless it is an anonymous report)
    2. date and place of preparation,
    3. date of receipt,
    4. details of the person who committed the irregularity, including name, surname, position, place of work,
    5. description of the irregularity,
    6. a description of the actual and potential effects of the actions taken by the reporting party to eliminate the irregularities,
    7. evidence confirming the facts presented

III Responsible Persons

  1. The person responsible for handling notifications is the person responsible for initiating and conducting the explanatory proceedings, unless the proceedings concern him or her.
  2. In a situation where the proceedings concern the person responsible for handling notifications, the Director of the Department shall designate a person other than the person responsible for handling notifications to perform the activities of initiating and conducting the explanatory proceedings.
  3. The person responsible for handling reports or the designated person may – if the situation so requires – oblige (in writing) the person concerned by the report to provide written explanations on the matter.
  4. The person required to provide explanations is obliged to submit them in writing within 7 business days from the date of receiving the request.
  5. Every person concerned by allegations has the right to legal protection under applicable law.

IV. Handling of the application

  1. The application is subject to verification and consideration within the time specified in the Procedure.
  2. Applications are considered in the order in which they are submitted.
  3. During the verification of the notification, the person responsible for handling the notifications or an authorized person may verify the submitted documents, request clarification and, in a manner based on respect for dignity and the right to privacy, verify the facts presented in the notification.
  4. After each explanatory procedure, the person responsible for handling notifications prepares a note and forwards it to the Director of the Plant.
  5. If the report was not anonymous, the whistleblower is informed of its outcome.

Application form