1. Purpose
The Whistleblower Policy is intended to encourage employees to make good faith reports of suspected fraud, corruption, or other illegal activity.
In addition, it sets out the guidelines:
- How to report any concerns.
- Confirming that the confidentiality of the whistleblower will be assured.
- Any real concerns can be honestly reported without fear of retaliation, even if the report turns out to be erroneous.
The policy sets out to complement the Internal Regulations and other TEC’s provisions with regards to the general duties of the Employees.
2. Area of applicability
This policy applies to all of TEC’s activity, its affiliates and encompasses all our employees (including temporary workers as well as those with employment contracts), TEC officials, as well as consultants, collaborators, interns while in internship programs, external persons seconded to TEC and any other agents acting in TEC’s name.
3. Definitions
Whistleblower -> represents any employee, official, consultant, intern participating in an internship program with TEC, collaborators seconded to TEC who reports or publicly discloses information regarding the violations provided in the section below, observed during his/her work-related activities. In addition, who might perceive the need to benefit of protection against negative measures that could be taken against him/her because of reporting.
A “whistleblower” can choose not to reveal his/her identity, but TEC recommends that any report not be anonymous, while ensuring confidentiality at the same time.
*The whistleblower is not responsible for investigating the alleged illegal or dishonest activity, or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities.
Whistleblowing -> means when a person raises concerns about a breach or wrong treatment. If you are unsure whether something falls within the scope of this Policy, you should ask guidance from the Head of HR who can advise on procedures and measures, remedies and protections available under local whistleblowing legislation.
Matters of concern -> The following are considered examples of concerns that may be reported (list is not exhaustive): any suspected fraudulent conduct, corrupt conduct, violation of any applicable antitrust and competition rules, breach of data protection rules with personal character and security rules, endangering the health and safety of a person or of some people, endangering the environment, committing a felony, failure to comply with any legal obligation or regulatory and concealment of information relating to any of the above mentioned, gross mismanagement, substantial waste of funds, or a clear abuse of authority.
4. Reporting
Whenever possible, concerns must be reported internally. Reporting concerns in accordance with this Policy can be done through a whistleblower line (email address) administered internally and with restricted address – whistleblower@tecss.com.
Concerns can be expressed in writing or orally – at the request of the person submitting the report, through a physical meeting.
We encourage you to use internal reporting lines to ensure timely investigation; however, individuals can also report concerns to the competent external authorities, as permitted by local jurisdiction if the concern regards any failure to comply with any legal and/or regulatory obligations. TEC advises all employees to seek guidance before reporting any concerns to externally.
5. Confidentiality
The Company will take all reasonable precautions to keep confidential the identity of any person who reports a concern, in accordance with the conduct of a detailed investigation and correct and in compliance with the legislation in force. Access to any report will only be allowed to members of the staff who need to have access to the content of the report for good management of the situation. The identity of the person submitting the report will not be disclosed without explicit consent towards anyone except the staff involved in receiving and/or tracking the report. The company will ensure that all personal data is processed in accordance with the European and national GDP rules and internal Privacy policy, and that anyone involved in the investigation is aware of the data protection requirements.
6. Investigation procedures & process
Confirmation of receipt of any notification of the potential violations that fall under the scope of this Policy will be made within a maximum of 7 days from their receipt. All complaints will be investigated impartially and promptly, in accordance with TEC’s approved guidelines for investigations.
TEC will keep the person who raised the concern informed about the progress of any investigation and to any time interval until the resolution. Everyone will treat all information about the investigation as confidential.
The relevant disciplinary committee will review the findings and determine the actions and appropriate measures to be taken, depending on the case.
Process:
* Where necessary and where the identity of the person reporting the concern is known, he/she will receive an answer regarding the progress of the investigation and will be informed with the result/decision of the investigation.
Where possible, we will provide an answer within three months of the date of the initial report of the concern (or six months in duly justified cases).
Given that the Company strives to maintain confidentiality in all investigations made, if the reporter does not disclose his/her identity, TEC may not be able to inform the reporting person with details from the investigation and any measures taken.
7. Whistleblower protection
The company is committed to ensuring that no person will be in any way disadvantaged by reporting concerns about possibly suspicious behavior, if he/she has reasonable grounds to believe that the information is true and accurate at the time of reporting and that it has been reported in accordance with this Policy.
The relevant legislation can also protect against negative measures the persons assisting a reporting person during the whistleblowing process in a work-related context. Protected persons will not be disadvantaged by measures like: dismissal, demotion, loss of benefits, threats, harassment, discrimination or bias. If there are reasons for concern regarding the safety of this person, he/she can request a leave of absence or a temporary change of workplace, and these requests will be reviewed accordingly. Any violation of this section by any employee, official, consultant or contractor, will be considered a violation of the Policy and provisions of the Internal Regulation.
If a person who reports a concern considers that negative measures have been taken against him or her because of their action, they can address members of the Senior Management Team, mentioned below:
CEO – Traian Rus
CFO – Marian Sababei
Delivery Director – Andreea Honceriu
7.1 Penalties for false allegations
If at any time any person is found to have knowingly submitted a false charge, they will lose protection granted under this procedure and they will be subject to disciplinary action under the provisions of this Policy, Internal Regulations and are also liable to potential court action.
8. Policy Development and Maintenance
The Company reserves the right to review the policy at least once a year and modify the content of this Policy at any time. Necessary changes will be made in case there are modifications of the way TEC operates, a change in labor legislation or any other laws that requires a policy change.
All employees, collaborators, contractors, interns, and any other parties should ensure that they act in accordance with the purpose and objectives contained within this Policy.