INFORMATION ABOUT COMPETENT CONTACT PERSON AND INFRINGEMENTS REPORTING AND INVESTIGATION PROCEDURE
Having regard to paragraph 12 of the approved description of procedures for establishing infringement reporting internal channels and ensuring their operation in relation to Resolution No. 1133 of 14 November 2018 of the Government of the Republic of Lithuania “Concerning Implementation of the Republic of Lithuania Law on the Protection of Whistleblowers”, the Company shall make publicly available on its website the following information regarding the competent contact person and infringements reporting and investigation procedure:
The Company's internal channel for infringements reporting is the email address: email@example.com (hereinafter: the Channel).
Infringements shall include likely to occur, currently occurring or already committed criminal offences, administrative misconduct, breach of job duties, gross infringement of the mandatory rules of professional ethics, or any other infringement that causes a threat to the public interest or which breaches the law, which a person becomes aware of due to their present or past employment links or their contractual relationship with the Company (hereinafter: Infringement).
The procedure set forth below pertains only to information provided by a self-identified Notifier, and from which it may be concluded that the Infringement threatens or harms the public interest. An Infringement shall be considered a threat or to be harmful to the public interest when the information is provided because of:
1) a threat to public security or health, or to life or health of person(s);
2) environmental hazards;
3) obstruction or unlawful interference in the conduct of investigations by law enforcement authorities, or in the justice administration by courts;
4) financing of illegal activities;
5) unlawful or obscure use of public funds or property;
6) illegally acquired property;
7) concealment of the consequences of the Infringement committed, obstruction in the conduct of establishing the scope and scale of such consequences;
8) other infringements that are in violation of the public interest.
It is forbidden to provide via the Channel information that is manifestly untrue or is based on manifestly untrue information. Article 236 of the Criminal Code of the Republic of Lithuania establishes criminal liability for false accusations against an innocent person of committing a crime or reporting a crime that is known not to have been committed.
The internal reporting channel is not intended to be used for filing complaints, requests or submitting other notifications intended to protect exclusively personal interests. A notification made via the Channel, which is intended to protect exclusively personal interests, shall not be considered and investigated.
III. Competent contact person
The Competent contact person shall be the Company’s Legal counsel and their deputy – Human resources director (hereinafter: Competent contact person).
The Competent contact person shall investigate information received through the Channel about Infringements, and shall administer the Channel, ensuring confidentiality and performing other Competent contact person’s functions.
IV. Procedure for reporting and investigating Infringements
A person who is or was linked in an employment relationship or contractual relationship must complete an Infringement Notification Form (active link attached) and must submit it via email using the Channel. In such a Notice of Infringement the following must be specified:
1) by whom, when, in what manner and specifically what Infringement has been committed, is being committed or is about to be committed, etc.;
2) the date and circumstances of becoming aware of the Infringement;
3) the Notifier’s name, surname, personal identification number, workplace, contact details and, if they indicate consent, a request not to apply confidentiality requirements to the investigation of the notification;
4) if possible, any available documents, data or information revealing evidence of a potential Infringement shall also be provided;
5) it is confirmed that the notification is submitted in accordance with the Republic of Lithuania Law on the Protection of Whistleblowers;
6) it is confirmed that the Notifier is aware of the legal consequences of providing false information and that the information provided is true.
The Competent contact person shall, within 5 (five) business days of receipt of all information about the Infringement, notify the person who submitted the information about which one of the following decisions has been taken:
1) the reported information about the Infringement has been registered and is subject to further investigation – in case the provided information indicates an allegedly committed Infringement;
2) the reported information is not subject to investigation and therefore the procedure for investigation is discontinued;
3) the reported information about the Infringement is to be forwarded to an authority empowered to investigate it.
If it is decided to register and investigate the reported information about the Infringement, the investigation is undertaken as follows:
1) If necessary, the Competent contact person will contact the person who provided the information and / or the Company’s employees requesting any additional information necessary for the investigation. In cases when the Competent contact person decides to contact other employees of the Company for additional information, the Confidentiality shall be ensured to the extent objectively possible. The Company’s employees must cooperate with the Competent contact person and must secure the information obtained during the investigation and ensure confidentiality of such information;
2) If the Competent contact person determines that the Notification about Infringement cannot be investigated objectively on their own (for example, it requires specialised knowledge in various fields, the Notification leads to the investigation of a large amount of documents, the occurrence of serious damages is suspected, etc.), the Competent contact person shall approach the Company’s General Manager for an appointment of a committee to investigate the potential Infringement. The committee shall normally consist of at least 3 members, including the Competent contact person who shall also be appointed as chairman of the committee;
3) in case the Infringement investigation is undertaken by a committee, such committee shall commence the investigation not later than on the next working day after the receipt of the decision to form the committee. The committee’s investigation must be completed and its results finalised not later than within 15 calendar days from the date of receipt of the decision on the appointment of the committee, unless the decision to appoint the committee specifies a different completion date of the investigation. The investigation time limit may be extended in special cases by a reasoned decision of the chairman of the committee.
Upon completion of the investigation of the information received about the Infringement, the Competent contact person shall without delay notify in writing the person, who provided information about the Infringement, about the decision made, the investigation results and actions taken or planned to be taken, also informs of the process to appeal the decision.
V. Other Provisions
The information related to an Infringement may only be used for the purpose of investigating the Infringement and/or breach of job duties; however in all cases confidentiality of the information shall be ensured and the information shall be disclosed only to the extent that it is objectively necessary for the investigation.
It is prohibited to the Company’s employees to adversely affect the person, who notified about the Infringement, in relation to the circumstances surrounding such notification.
If the person who provided the information did not receive a response and no action had been taken in response to the information provided, such person has the right, under §4, part 3, paragraph 4 of the Republic of Lithuania Law on the Protection of Whistleblowers, to apply directly to a competent authority – the Prosecutor’s Office of the Republic of Lithuania – and to submit to this authority an Infringement report that meets the requirements of the Law on the Protection of Whistleblowers.