Whistleblowing system of PRÄZI-FÖRDERTECHNIK GMBH and PRÄZI-FLACHSTAHL AG

On the use of the abuse reporting system

TThe European Union’s legislation requires economic operators to monitor EU infringements in their own sphere of activity. This is because it is the employees or partners of businesses who are the first to be informed of threats or harm to the public interest arising from breaches of EU law. Those who first become aware of such breaches play a key role in detecting and preventing them. However, those who report abuses are often deterred from speaking out for fear of reprisals. Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report infringements of EU law (Whistleblower Protection Directive) requires Member States to provide an adequate framework for reporting abuse and to ensure that whistleblowers are adequately protected. The whistleblowing is operated by PRÄZI-FÖRDERTECHNIK GMBH and PRÄZI-FLACHSTAHL AG in order to comply with the Directive and the applicable legislation in Germany, the Whistleblower Protection Act – HinSchG.

Who can make a report?

Employees., workforce in atypical employment (e.g., trainees, self-employed, agency workers) of PRÄZI-FÖRDERTECHNIK GMBH and PRÄZI-FLACHSTAHL AG can file a report in the system concerning the company they are related to.

What can be reported?

A report can be made concerning violations that carry a criminal penalty; violations that can be penalized with a fine, if the rules aim to safeguard (i) the physical integrity and health of a person or (ii) workers’ rights and their representative bodies; and violations against specific legislation of the EU or Germany (financial services, corporate income tax, money laundering, consumer protection, product safety, transport and traffic, environmental protection, competition, privacy).

How can a report be made?

You can make a report by filling in the online reporting form or a report can be made orally to the designated person, as specified in the companies’ internal policies. The investigation of the report and communication and consultation with the whistleblower, if necessary, will not be carried out through the system but through the contact details provided by the whistleblower.

What happens after the report?

The report will be received by a designated person within the respective company who will decide whether the report needs to be investigated. The whistleblower will receive feedback immediately after the report has been made to confirm that the report has been received. The whistleblower can verify this by using the identifier provided at the time of the report in the whistleblowing system. If the matter is investigated, we will act in accordance with the provisions of our internal rules governing this matter. The investigation may involve interviewing the whistleblower, contacting and interviewing other persons, examining documents or consulting experts. An investigation initiated on the basis of a report will be concluded within 3 months.. The whistleblower will receive feedback on the outcome of the report within this time limit.

Protection of the whistle-blower

A whistleblower acting in good faith may not be retaliated against for making a report, in particular by being dismissed from their employment for such a reason, by being given a negative performance appraisal, or by being subjected to coercion, intimidation or harassment. However, reporting in bad faith can have legal consequences. A report made in bad faith may constitute a violation of privacy rights, a tort or even a criminal offence.