Whistleblowing
ALBERGO POSTA MARCUCCI s.r.l. Via Ara Urcea, 43 – 53027 Bagno Vignoni, Siena
In line with current regulations and best practices, whistleblowers may include senior or junior officials, or third parties who witness illegal or irregular conduct, including:
- Private sector junior employees (including workers whose employment is governed by Legislative Decree 15 June 2015, No. 81, or by article 54-bis of Decree Law 24 April 2017, No. 50, converted with amendments into law 21 November 2017, No. 96 )
- Self-employed workers carrying out their work within private sector entities (including those listed in Chapter 1 of the Law of 22 May 2017, No. 81, as well as those with a working relationship set forth in Article 409 of the Code of Civil Proceedure and Article 2 of Legislative Decree No. 81 of 2015 )
- Employees or contractors carrying out their work within private sector entities which provide goods or services or carry out works for third parties
- Freelancers/consultants carrying out their work within private sector entities;
- Volunteers/interns carrying out their work within private sector entities
- Shareholders
- Individuals with administrative, managerial, supervisory, oversight, or representative functions, even when these functions are carried out de facto, within private sector entities
Whistleblowing may relate to behaviours around:
Violating European rules applicable to the private sector:
- Offences under European Union Acts or national acts listed in the Annex to Legislative Decree 24/2023, or offences under national regulations implementing European Union acts relating to the sectors listed in the Annex to Directive 2019/1937 (public tenders; financial services, products and markets and the prevention of money laundering and terrorist financing; product safety and conformity; transport safety; environmental protection; radioprotection and nuclear safety; food and feed safety and animal health and wellbeing; public health; consumer protection; protection of private life, and protection of personal data and safety of information networks and systems)
- Acts or omissions which harm the Union’s financial interests pursuant to article 325 TFEE
- Acts or omissions concerning the Single Market
- Acts or behaviours which frustrate the scope or purposes of the provisions under Union acts in the sectors mentioned in the points above
- Acts or omissions which harm financial interests
The following cannot be reported:
- matters personal to the whistleblower
- claims or issues relating to employment relationships or relationships with a superior or colleagues
The company has implemented a platform designed to ensure that the whistleblower’s identity and that of any third parties mentioned in the report, as well as the contents of the report and its documentation, remain confidential, and which includes the use of encryption tools.
Legislative Decree 24/2023 allows for external whistleblowing in cases in which:
- internal whistleblowing has taken place and no action was taken;
- there are reasonable grounds to believe that internal whistleblowing would not be effectively addressed, or that it could lead to retaliation/discrimination
- there are reasonable grounds to believe that the violation may pose an imminent or evident threat to the public interest
In such cases, whistleblowing reports may only be made to ANAC through the means provided and available on the Authority’s website.