Regulation on Reporting Infractions
In compliance with the Legal Regime for the Protection of Whistleblowers of Infringements, approved by Directive (EU) 2019/1937, of the European Parliament and of the Council, of October 23, 2019, and transposed into the national legal system by means of Law No. 93/2021, of December 20, and also in compliance with the regime provided for by Decree-Law No. 109-E/2021, of December 9, GRANTEX-FABRICA DE CONFECCOES DE ROUPAS LTDA. approved and promotes the entry into force of this Regulation for Reporting Infractions, which is now known to all its employees.
GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA., is firmly committed to complying with the established standards and principles, which become part of the organization’s internal standards, without prejudice to future reviews or updates.
In cases of omission or in the face of doubts about the interpretation and application of its rules, what prevails, firstly, is what is established by the legal regime and, secondly, what is determined by the administration.
I – General Principles – Duties of GRANTEX-CLOTHING MANUFACTURER LTDA.
GRANTEX-CLOTHING MANUFACTURER LTDA. undertakes to adopt, enforce and keep permanently updated a set of measures, namely:
a) Create and maintain an internal reporting channel that allows any employee, service provider or third party to report any violation of the law, with guaranteed anonymity;
b) Promote adequate treatment and investigation of complaints;
c) Keep the whistleblower informed during the process of handling and investigating complaints;
d) Protect the identity of whistleblowers, except in cases of necessary disclosure;
d) Inform the whistleblower in advance when his/her identity needs to be disclosed;
e) Protect all whistleblowers and facilitators against any form of retaliation, regardless of whether internal or external reporting channels were used;
f) Establish clear rules for penalizing all those who hide or attempt to hide the complaint, who retaliate against the whistleblower or who violate the obligation to guarantee the confidentiality of the whistleblower’s identity;
g) guarantee to persons intending to make a report or to persons believed to be a whistleblower, even in error, the same level of protection as whistleblowers;
II – Definitions
For the purposes of interpretation and application of this Regulation, the following terms and expressions shall have the meaning indicated below:
1. Whistleblower – an individual who reports or discloses, internally or externally, an infraction based on information obtained within the scope of his/her professional activity, namely:
a) Workers, even if the employment relationship has already ended;
b) Service providers, contractors, subcontractors and suppliers, as well as any persons acting under their supervision and direction;
c) Holders of equity interests and persons belonging to administrative, management, tax or supervisory bodies;
d) Volunteers and interns, paid or unpaid;
e) Candidates or other professionals whose report or public disclosure of an infringement is based on information obtained during the recruitment process or during the pre-contractual negotiation phase of a professional relationship, whether established or not;
2. Facilitator – a co-worker or family member who assists the whistleblower in the reporting process, whose assistance must be confidential, and who may be subject to retaliation in a professional context;
3. Employees – all employees of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA., regardless of the type of contractual relationship.
4. Partners – employees, external auditors, customers, suppliers and other people who provide services to GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA., in any capacity, permanently or occasionally.
III – Internal Reporting Channel
1. Whenever they have knowledge or reasonable suspicion of the practice of an unlawful act or situations of violation of the internal rules established by GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LTDA. – Code of Conduct for the Prevention of Corruption, Code of Conduct for the Prevention of Harassment at Work, and others – already practiced, in progress or about to be practiced, Employees and Partners must report such facts, in writing, through the Internal Reporting Channel accessible on the company’s website.
2. If it is impossible or difficult to make a written report, a request must be made to schedule a conference call or face-to-face meeting with the person responsible for receiving and following up on reports, who will receive the report verbally, with the confidentiality and anonymity of the complainant guaranteed.
3. Complaints may be submitted anonymously or with identification of the complainant.
4. The internal reporting channel allows for the secure submission and follow-up of reports, ensuring the completeness, integrity and preservation of the report, the confidentiality of the identity or anonymity of the complainants and the confidentiality of the identity of third parties referred to in the report.
IV – CONFIDENTIALITY
1. The identity of the whistleblower, as well as the information that, directly or indirectly, allows the deduction of his/her identity, are confidential in nature and are restricted to access by the persons responsible for receiving and following up on complaints.
2. The obligation of confidentiality extends to anyone who has received information about complaints, even if they are not responsible or incompetent for receiving and processing it.
3. The identity of the whistleblower is only disclosed as a result of a legal obligation or court order.
4. The disclosure of information is preceded by written communication to the whistleblower indicating the reasons for the disclosure of the confidential data in question, unless the provision of such information would compromise related investigations or legal proceedings.
5. The processing of the personal data of the complainants will be carried out in accordance with the General Data Protection Regulation, Law No. 58/2019, of August 8, and the Privacy Policy of GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA..
6. Personal data that is not relevant to the processing of the complaint must be deleted.
V – Those responsible for receiving and handling internal complaints
1. Management designates the person responsible for receiving and processing complaints, who will be responsible for carrying out the necessary investigative steps to determine the veracity and reliability of the complaint, as well as collecting evidence with a view to formalizing the complaint to the competent authorities in light of the matter, if this proves to be justified.
2. The person responsible for receiving and handling internal complaints is obliged to perform his/her duties with complete independence and impartiality, safeguarding confidentiality, data protection, secrecy and the absence of conflicts of interest.
VI – Monitoring of internal complaints
- After receiving the complaint, it will be catalogued with an internal reference, which will be used in all future communications and notifications related to it.
- After the investigation process has been opened, the person responsible for monitoring issues a statement of commitment to the principles of independence and impartiality, safeguarding confidentiality, data protection, secrecy and the absence of conflicts of interest.
- In the event of a justifiable impediment, in particular in the event of a conflict of interest, the person responsible for following up on the internal complaint must immediately communicate the situation to management, requesting their replacement, with immediate effect.
- In any case, within seven days, the whistleblower will be notified of receipt of the complaint and informed, in a clear and accessible manner, of the requirements, competent authorities and form and admissibility of the external complaint.
- Those responsible for following up on the complaint must carry out the appropriate and necessary internal actions to investigate and verify the allegations contained in the complaint and, if applicable, put an end to any ongoing violation;
- Those responsible must also open an internal investigation or report the incident to the competent authority, including the institutions, bodies or agencies of the European Union, if they conclude that the complaint is likely to be true and that the facts are criminally relevant.
- Within a maximum period of three months from the date of receipt of the complaint, those responsible shall inform the complainant of the measures planned or adopted to follow up on the complaint and the respective grounds.
- Up to 15 days after the communication referred to in the caput, the whistleblower may request, in writing, additional information on the result of the analysis carried out in the complaint.
VII – External reporting
1. The whistleblower may only resort to external reporting channels when:
a) There is no internal reporting channel;
b) Have reasonable grounds to believe that the breach cannot be effectively known or resolved internally or that there is a risk of retaliation;
c) Has filed an internal complaint without having been informed of the measures planned or adopted, within the legal deadlines;
d) The infringement constitutes a crime or administrative offence punishable by a fine exceeding €50,000.
2. The whistleblower may only publicly disclose an infringement when:
a) Have reasonable grounds to believe that the violation may constitute an imminent or manifest danger to the public interest, that the violation cannot be effectively known or resolved by the competent authorities, given the specific circumstances of the case, or that there is a risk of retaliation, including in the event of external reporting; or
b) Has filed an internal complaint and an external complaint, or directly an external complaint under the terms provided for in this law, without appropriate measures having been adopted within the legal deadlines;
3. Anyone who, outside the cases provided for in the previous paragraph, reports an infringement to a media outlet or journalist shall not benefit from the protection granted to whistleblowers, without prejudice to the applicable rules on journalistic confidentiality and protection of sources.
VIII – Retaliation
- An act of retaliation is considered to be an act or omission that, directly or indirectly, occurring in a professional context and motivated by an internal or external complaint or public disclosure, causes or may cause the complainant, in an unjustified manner, patrimonial or non-patrimonial damages.
- Threats and attempts to commit acts and omissions referred to in the previous paragraph are also considered acts of retaliation.
- Any fact or circumstance considered retaliation against the whistleblower or other beneficiaries of protection must be immediately reported through the internal reporting channel.
IX – protective measures
- GRANTEX-CLOTHING MANUFACTURER LTDA. does not tolerate any type of retaliation, reprimand or any other type of unfavorable or discriminatory act by the Company or its employees against:
- Anyone who, in good faith and in the belief that the information reported is true, reports a real or apparent violation of the Code of Conduct and Anti-Corruption Policy, other internal regulations or legal standards, even if the report is considered unfounded;
- The anonymous whistleblower who is subsequently identified, provided that he/she meets the conditions set out in the previous paragraph;
- The whistleblower who files an external complaint without observing the rules of precedence provided for in the law and in this policy if, when filing the complaint, he was unaware, without fault, of such rules;
2. Protection against retaliatory measures is extended, mutatis mutandis, to:
a) Individuals who assist the whistleblower in the reporting procedure and whose assistance must be confidential, including union representatives or workers’ representatives;
b) Third party who is linked to the whistleblower, specifically a co-worker or family member, and may be the target of retaliation in a professional context; and
c) Any person believed, even by mistake, to be a whistleblower;
d) Legal entities or similar entities owned or controlled by the whistleblower, for which the whistleblower works or to which he or she is professionally linked.
X – Assumptions
1. The following acts are presumed to be motivated by an internal or external complaint or public disclosure, until proven otherwise, when carried out up to two years after the complaint or public disclosure:
a) Changes in working conditions, such as functions, hours, workplace or remuneration, failure to promote the employee or failure to comply with labor duties;
b) Suspension of employment contract;
c) Negative performance evaluation or negative reference for employment purposes;
d) Non-conversion of a fixed-term employment contract into an indefinite-term contract, whenever the employee had legitimate expectations in this conversion;
e) Non-renewal of a fixed-term employment contract;
f) Dismissal;
g) Inclusion on a list, based on a sectoral agreement, which may make it impossible for the whistleblower to find employment in the sector or industry in question in the future;
h) Termination of supply or service provision contract;
i) Revocation of an act or termination of an administrative contract, as defined in the terms of the Code of Administrative Procedure.
2. Any disciplinary sanction applied to a whistleblower or facilitator up to two years after the complaint or public disclosure is presumed to be abusive.
XI – Disciplinary infraction
The employee who commits a serious disciplinary infraction, without prejudice to any civil or criminal liability that may arise, is:
a. Prevent the presentation or follow-up of the complaint;
b. Hide or attempt to hide the complaint;
c. Carrying out an act of retaliation against a whistleblower or facilitator;
d. Failure to respect the duty of confidentiality regarding the whistleblower’s identity;
e. Knowingly reporting, reporting or disseminating false information;
XII – Annual audit reports and corrective measures
1. Those responsible for receiving and following up on complaints must prepare an annual report by the end of March of each year containing:
a) The number of complaints received;
b) The number of proceedings initiated based on those complaints and their outcome;
c) The nature and type of the reported infringements;
d) Measures to be adopted to improve mechanisms for submitting and monitoring complaints, protecting whistleblowers, related persons and targeted persons, and sanctioning action.
XIII – Retention period
GRANTEX-FABRICA DE CONFECÇÕES DE VESTUARIO LDA. keeps a record of the complaints received, which will be kept for at least five years and, regardless of this period, during the pendency of legal or administrative proceedings relating to the complaint.
XIV – Validity and Revision
1. This Regulation shall come into force on the date of its approval by the Management.
2. This Regulation may be revised at any time to introduce rules that allow for improvements in the mechanism for submitting and following up on complaints, in particular as a result of specific measures proposed by those responsible and accepted by the management or, further, following any legislative changes.
This Regulation was drawn up and approved by the Management.