1. DEFINITION
A whistleblower is a person working in a public or private organisation who decides to report an offence, a fraud or a danger detected during his or her work activity, or a third party who, in the course of his or her relations with the public or private organisation, has detected violations or irregularities committed by the latter and who decides to report these to the relevant bodies.
Whistleblowing is an act of common sense through which a person contributes to highlighting and preventing risks and situations detrimental to the public or private organisation and, consequently, to the collective public interest.
The Whistleblowing policy aims to encourage reports and protect the whistleblower precisely because of his or her social function.
The primary purpose of whistleblowing is to internally and promptly prevent or resolve a problem.
2. REGULATORY SOURCE AND PURPOSE
Legislative Decree no. 24/2023 has introduced whistleblowing in Italy. This measure enforces the Whistleblower Directive (Directive (EU) no. 2019/1937), bringing together in a single regulatory text all reporting channels and the protections granted to whistleblowers, in the public and private sectors, with the aim of encouraging the reporting of illegal activities, removing factors that may hinder or discourage whistleblowing, such as doubts and uncertainties about the process to follow when reporting and fears of retaliation or discrimination.
3. SUBJECT OF THE REPORT
There is no exhaustive list of offences or irregularities that can be the subject of whistleblowing. Reports concerning conduct, risks, offences, or irregularities, committed or attempted, to the detriment of the public interest are considered relevant.
Whistleblowing does not concern personal complaints by the whistleblower or claims/instances that fall within the employment relationship or relationships with direct supervisors or colleagues, for which reference should be made to the relevant HR policies and procedures at UPMC Italy, ISMETT and SMIH (depending on the company with which the employment or collaboration relationship is in place).
4. CONTENT OF REPORTS
The whistleblower must provide all the necessary information to enable the competent authorities to carry out the necessary and appropriate checks and investigations to confirm the truthfulness of the facts reported.
Anonymous reports, i.e. lacking elements that allow their author to be identified, even if delivered using the methods set out in this document, will not be taken into consideration in the scope of the procedures for protecting employees reporting wrongdoings, but will treated as any other anonymous reports and taken into consideration for further checks only if they relate to severe facts and if they are adequately detailed and substantiated. The condition of the truthfulness of the facts or situations reported remains unchanged, in order to protect the accused.
5. HOW AND TO WHOM ADDRESS REPORTS
UPMC Italy, ISMETT, and SMIH make available to their employees and collaborators a software application accessible via the Internet. The application guarantees, as per the ANAC guidelines, the absolute confidentiality and encryption of the whistleblower and of the report, known only by the receiving party.
If the whistleblower holds the status of a public official, sending the report to the aforementioned persons shall not relieve the whistleblower from the obligation to report the criminally relevant facts and hypotheses of revenue loss to the competent judicial authority.
6. VERIFYING THE VALIDITY OF REPORTS
The management and verification of the validity of the circumstances described in a report are entrusted to the Supervisory Body of each of the aforementioned companies, in compliance with the principles of impartiality and confidentiality, carrying out any task deemed appropriate, including the personal hearing of the whistleblower and of any other subjects who can report on the facts.
To this end, the Supervisory Body of each company can make use of the support and collaboration of the competent company structures and, if necessary, of external control bodies (e.g., Guardia di Finanza, Direzione Provinciale del Lavoro, Comando Vigili Urbani, Agenzia delle Entrate).
7. WHISTLEBLOWER PROTECTION
(A) Obligation of confidentiality regarding the whistleblower’s identity and removal of the right to access the report.
With the exception of cases in which liability for slander and defamation is possible pursuant to the provisions of the Italian Criminal Code or to Article 2043 of the Italian Civil Code and cases in which anonymity is not enforceable by law (e.g., criminal, tax or administrative investigations, inspections by control bodies), the identity of the whistleblower is protected at all times after the reporting.
As regards, in particular, to the scope of the disciplinary procedure, the identity of the whistleblower may be disclosed to the disciplinary authority and to the accused only if:
- there is the express consent of the whistleblower;
- a dispute against the disciplinary offence is based, in whole or in part, on the report and the awareness of the identity of the whistleblower is absolutely essential for the defence of the accused, provided this circumstance is inferred by the latter and proven during the hearing or by the submission of pleadings of defence.
(B) Prohibition of discrimination against the whistleblower
No form of direct or indirect retaliation or discriminatory measure having effects on working conditions for reasons directly or indirectly connected to the report is not permitted nor tolerated against the employee who issues a report pursuant to this policy.
The employee is entitled to directly refer to the Supervisory Body of the company with which he or she has an employment or collaboration relationship.
8. WHISTLEBLOWER RESPONSIBILITIES
This policy does not affect the criminal and disciplinary liability of the whistleblower in the event of malignant or defamatory reporting pursuant to the Italian Criminal Code and Article 2043 of the Italian Civil Code.
Any form of abuse of this policy, such as reports manifestly opportunistic and/or made for the sole purpose of damaging the accused or other subjects, and any other hypothesis of misuse or intentional exploitation of this procedure are liable to result in disciplinary or any other relevant proceedings.
