The mechanism for reporting law violations

The mechanism for reporting law violations

General Framework

Zipper Services treats all reports regarding issues that may constitute law violations, deviations, or irregularities with careful attention and seriousness. The main violations recommended to be promptly reported refer to breaches of the law (meaning, in the context of Law No. 361/2022 of December 16, 2022, on the protection of whistleblowers in the public interest), actions or inactions that constitute non-compliance with legal provisions, non-compliance with the Code of Conduct, policies and procedures, improper aspects related to financial situations and employee relations, abuses, discrimination, cases of corruption, theft, money laundering cases, and any inappropriate behavior that could harm the company's reputation or any attempts to conceal the above.

The company operates on the premise that all issues and reports submitted are made in good faith, are genuine and legitimate. In this regard, Zipper Services:

Encourages employees and third parties to feel confident in discussing arising issues, questioning them, and acting ethically;
Provides employees and third parties with ways to address and obtain feedback on any measures taken as a result;
Ensures that employees and third parties receive a response regarding the raised issues and that they know how to proceed if they are not satisfied with the measures taken;
Assures employees and third parties that if they raise issues in good faith, they will be protected against any retaliation or victimization.

Reporting Channels

Recognizing the importance of a clear and up-to-date process for both internal reporting and protection of those who make reports, Zipper Services has established different communication channels that employees and third parties can use to express their complaints and report according to Law 361/2022, as follows:

Reporting regarding law violations is primarily done within Zipper Services through the existing internal reporting channels (point "a" below). However, a whistleblower who reports law violations may choose between the internal reporting channel and the external reporting channel.

Individuals reporting law violations that have occurred or are likely to occur within Zipper Services have the following reporting channels:

a) Internal Reporting can be done as follows:

By completing the "Law Violation Form" (code FO-59-01) available here and submitting it:
- by email at integritate@ezipper.ro.
- physically or by mail to Zipper Services' address in Bucharest, Bd 1 Decembrie 1918, No. 1G, Sect. 3, Attention: Designated Person (Integrity) Zipper – Mirela Ojog.
By requesting a physical meeting at Zipper's headquarters (located at Bucharest, Bd 1 Decembrie 1918, No. 1G, Sect. 3) with the Designated Person (Integrity) Zipper. The scheduling of a physical meeting at Zipper Services' headquarters in Bucharest is done via phone at 0747055703.

During the physical meeting, the Designated Person (Integrity) Zipper will complete the Law Violation Form in the presence of the whistleblower, subject to the whistleblower's consent. The final form of the Law Violation Form is signed by the person reporting the violation (whistleblower), and a copy of this form is provided to the reporting person, while the original remains with the Designated Person (Integrity) Zipper.

By phone at 0747055703 (without recording the conversation). In these situations, the Designated Person (Integrity) Zipper will complete the Law Violation Form, which will be signed by the respective whistleblower at the end.
If the whistleblower does not give consent for the conversation to be transcribed, they are directed to report in writing, on paper or using the above email address.

b) External Reporting – The National Integrity Agency, as well as other public entities that, according to specific legal provisions, receive and address reports of law violations within their competence (for more details, see Chapter IV of Law No. 361/2022);

c) Public Disclosure – Whistleblowers who publicly disclose information concerning law violations are protected if one of the following conditions is met:

They first reported internally and then externally or directly externally, as per points a) and b), but consider that appropriate measures were not taken within the 3-month period provided by law;
They have reasonable grounds to believe that:
- The violation may constitute an imminent or evident danger to the public interest or a risk of irreparable harm; or
- In the case of external reporting, there is a risk of retaliation or a low probability of effective resolution of the violation, considering the specific circumstances of the reporting.

Reporting through public disclosure can be addressed to the press, professional, trade unions, employer organizations, non-governmental organizations, parliamentary committees, or by making information concerning law violations available to the public in any way.

Information Required in the Reporting

Regardless of the transmission channel, the Reporting must contain, at least, the following information:

Name, surname, and contact details of the whistleblower;
Professional context in which the information was obtained;
The individual concerned, if known;
Description of the act that may constitute a violation of the law within a public authority, public institution, any other public legal entity, as well as within a private legal entity, and, where appropriate, evidence supporting the report;
Date and signature, where appropriate;

By way of exception to the above provisions, reporting that does not include the name, surname, contact details, or signature of the whistleblower shall be examined and addressed to the extent that it contains clues about law violations.

Principles Governing the Protection of Reports of Law Violations

Zipper Services ensures the implementation, awareness, and observance of the following principles governing the protection of reports of law violations:

The principle of legality, according to which public authorities, public institutions, other public legal entities, as well as private legal entities, have an obligation to respect fundamental rights and freedoms, ensuring full compliance, among others, with the freedom of expression and information, the right to the protection of personal data, the freedom to carry out business activities, the right to a high level of consumer protection, the right to a high level of protection of human health, the right to a high level of environmental protection, the right to an effective remedy, and the right to defense;

a) The principle of responsibility, according to which the whistleblower has an obligation to present data or information regarding the reported facts;

b) The principle of impartiality, according to which the examination and resolution of reports are done objectively, regardless of the beliefs and interests of the persons responsible for addressing them;

c) The principle of good governance, according to which public authorities, public institutions, and other public legal entities have a duty to carry out their activities in the public interest, with a high degree of professionalism, efficiency, and effectiveness in the use of resources;

d) The principle of balance, according to which no person can use the provisions of this law to reduce the administrative or disciplinary sanction for a more serious offense unrelated to the report;

e) The principle of good faith, according to which protection is provided to the person who had reasonable grounds to believe that the information concerning the reported violations was true at the time of reporting and that this information falls within the scope of this law.

Classification of the Reporting

The Reporting is classified when:

It does not contain the elements provided for by law, other than the identification data of the whistleblower, and the designated person requested its completion within 15 days, without this obligation being fulfilled;
The reporting is transmitted anonymously and does not contain sufficient information regarding law violations, which would allow the analysis and resolution of the report, and the designated person requested its completion within 15 days, without this obligation being fulfilled.

In the situation mentioned above, the decision to classify the report is communicated to the whistleblower, indicating the legal basis, using the same channel through which it was received or another channel agreed upon with the respective whistleblower.

If a person submits multiple reports on the same subject, they are related, and the whistleblower will receive a single notification. If, after sending this notification, a new report on the same subject is received without presenting additional information justifying a different subsequent action, it will be classified.

The Designated Person (Integrity) Zipper may decide to close the procedure if, after examining the report, it is found that it is a clearly minor violation and does not require further action other than closing the procedure. This provision does not affect the obligation to maintain confidentiality, to inform the whistleblower, and does not affect any other applicable obligations or procedures for addressing the reported violation. The decision to classify is communicated to the whistleblower, indicating the legal basis.

Protective Measures, Support Measures, and Remedial Measures

To benefit from protective measures, the whistleblower must meet the following cumulative conditions:

Be one of the persons making reports according to the provisions of Chapter 2 and have obtained information regarding law violations in a professional context;
Have had reasonable grounds to believe that the information concerning the reported violations was true at the time of reporting;
Have made an internal report, an external report, or a public disclosure;
As well as the condition that reprisals are a consequence of the reporting.

The measures provided for in this chapter also apply to:

Facilitators;
Third parties who are related to the whistleblower and who may suffer reprisals in a professional context, such as colleagues or relatives;
Legal entities owned by the whistleblower or for which the whistleblower works or has other types of relations in a professional context;
Whistleblowers who, anonymously, reported or publicly disclosed information concerning violations but are subsequently identified and suffer reprisals;
Whistleblowers who report to the competent institutions, bodies, offices, or agencies of the European Union.

Prohibition of Reprisals

At Zipper, any form of reprisal against whistleblowers, threats of reprisal, or attempts at reprisals are prohibited, especially concerning:

Any suspension of the individual employment contract or the service relationship;
Dismissal or removal from office;
Modification of the employment contract or service relationship;
Reduction of salary and changes in working hours;
Demotion or hindrance of promotion or professional development, including through negative evaluations of individual professional performance or negative recommendations for professional activity;
Application of any other disciplinary sanction;
Coercion, intimidation, harassment;
Discrimination, creating another disadvantage, or subjecting to unfair treatment;
Refusal to convert a fixed-term employment contract into a permanent employment contract if the worker had legitimate expectations to be offered a permanent position;
Refusal to renew a fixed-term employment contract or early termination of such a contract;
Causing harm, including to the reputation of the person in question, especially on social communication platforms, or financial losses, including the loss of business opportunities and loss of income;
Inclusion on a negative list or database, based on a sectoral or industry agreement, formal or informal, that may imply that the person in question will not find future employment in that sector or industry;
Unilateral extrajudicial termination of a contract for goods or services, without fulfilling the conditions for such termination;
Cancellation of a license or permit;
Request for a psychiatric or medical evaluation.

Obligation to Maintain Confidentiality

The Designated Person (Integrity) Zipper is obligated not to disclose the identity of the whistleblower or any information that would allow direct or indirect identification of the whistleblower, except in cases where explicit consent has been given.

By way of exception to the above provisions regarding confidentiality, the identity of the whistleblower and any other information allowing their identification may only be disclosed if it is a legal obligation, respecting the conditions and limits provided for by the law. In this case, the whistleblower is informed beforehand, in writing, about the disclosure of their identity and the reasons for disclosing the confidential data in question. The obligation does not apply if the information would jeopardize investigations or judicial procedures.

The information contained in the reports that constitutes trade secrets cannot be used or disclosed for purposes other than those necessary for resolving the report.

The obligation of confidentiality does not apply if the whistleblower intentionally disclosed their identity in the context of a public disclosure.

The obligation of confidentiality is maintained even if the reporting is erroneously forwarded to another person within the public authority, public institution, any other public legal entity, or private legal entity other than the designated person. In this case, the report is immediately forwarded to the designated person.

Confidentiality obligations also apply to the individual concerned and third parties mentioned in the report. The identity of the individual concerned is protected as long as subsequent actions following the report or public disclosure are in progress, except when, as a result of resolving the report or disclosure, it is found that the individual concerned is not guilty of the reported violations.

Individuals concerned have the right to defense, including the right to be heard and the right to access their own file.

For any clarifications or information regarding the mechanism for reporting law violations at the level of Zipper, please contact the email address integritate@ezipper.ro or the phone number 0747055703.