Whistleblowing
Whistleblowing reporting system
Mi.Comp. Srl has adopted its own internal channel through which whistleblowing reports can be sent, guaranteeing the confidentiality of the identity of the whistleblowers, of the other people involved and of the content of the reports.
Following the entry into force of the Legislative Decree. 24/2023 which entirely revised the relevant regulations, Mi.Comp. Srl adopted and subsequently updated the “Guideline” for reporting, including anonymous reporting (Whistleblowing).”
Who can send reports?
Reports may be submitted by individuals inside or outside the organization, such as employees, collaborators, self-employed workers, trainees, consultants, suppliers, shareholders, or persons with administrative or control functions in Mi.Comp. Srl,.
What can be reported?
The reports, which must be as detailed as possible, concern violations of the law that harm the public interest or the integrity of the company, such as the commission of a corrupt act or the violation of regulations regarding health and safety at work or the environment.
These are not whistleblowing reports and will therefore not be taken into consideration:
- Complaints, claims, or personal requests related to one’s employment relationship (to be sent to the appropriate Personnel functions)
- Complaints related to inefficiency of services rendered by Mi.Comp. Srl (to be sent to the dedicated corporate functions)
Go to the reporting page
Download the guideline for filling out the form
Who is the reporting manager?
The manager of reports received in the Platform is the Reports Committee:
- Owner of Mi.Comp. Srl;
- Quality Manager.
It should be noted that, to protect the confidentiality of the whistleblower, the logs of the reporting party’s activities do not contain identifying information about the reporting parties such as IP addresses and User Agents;
Protection of the reporter
The confidentiality of the whistleblower is guaranteed and his or her identity cannot be revealed, without his or her express consent, to persons other than those competent to receive or follow up on the report.
The anonymous report, pursuant to art. 16 Paragraph 4, of Legislative Decree. 24/2023, is treated as an ordinary report.
The reporter must specify that it is a report for which he intends to keep his identity confidential and that he intends to benefit from the protections mentioned above, otherwise it could be treated as an ordinary report. The report is exempt from the access provided for by articles 22 and following of the law of 7 August 1990, n. 241 as well as by Articles 5 et seq. of Legislative Decree March 14, 2013, no. 33.
Confidentiality is also protected when the report is well-founded and knowledge of the identity of the reporting person is essential for the defense of the accused, as the report will be usable only in the event of the express consent of the reporting person to the disclosure of his or her identity.
The Legislative Decree. n. 24 of March 10, 2023, in Art. 17 also provides for the prohibition of retaliation against the whistleblower and regulates forms and tools to combat any retaliatory behavior carried out against the whistleblower.
Retaliation is defined as any behavior, act or omission, even if only attempted or threatened, carried out as a result of the report which causes or may cause unjust damage to the reporting person, directly or indirectly.
For example, retaliatory behaviour may include sanctions, demotion, dismissal or transfer.
In case of retaliation, the whistleblower may activate the protection tools provided by Leg. n. 24/2023. In particular, you can contact the Third Sector bodies, the list of which is kept by ANAC, which provide reporting persons with support measures, information, assistance and consultancy free of charge on the reporting methods and on protection from retaliation. Furthermore, if the whistleblower believes he has suffered retaliation, he can not only resort to the ordinary judicial authority where the conditions exist, but also turn to ANAC and the actions taken in violation of the prohibition of retaliation are null and void. The protection regime is applicable when the subject has reported, based on a reasonable belief, that the information on the reported violations is truthful and when they are not mere suspicions or “corridor rumours” and a consequence can be found between the report and the retaliatory measures suffered. The protection granted to the whistleblower by law is also extended to facilitators, to persons in the same work context as the reporting person and who are linked to them by a stable emotional or kinship bond within the fourth degree, to the work colleagues of the reporting person who work in the same work context as the same person and who have a habitual and current relationship with the said person, to the entities owned by the person as well as to the entities that operate in the same work context as the aforementioned persons.
