Legislative Decree 231/2001 introduced the administrative liability of companies for crimes committed for their benefit or advantage by managers or employees. This liability is in addition to the criminal and civil liability of the person who committed the crime.
The legislature provides an exemption from liability for the company if an Organization, Management and Control Model aimed at preventing and limiting the commission of the offense is adopted and effectively implemented, and a body(Supervisory Board) is appointed to oversee the operation of and compliance with the Model.
Tecno Incollaggi, mindful of the need to ensure compliance with applicable laws and regulations, integrity and transparency in the conduct of business and corporate activities, has adopted its own Organization, Management and Control Model (Model 231), consisting of procedures, organizational safeguards and rules of conduct integrated into existing management systems, with the aim of preventing the unlawful behaviors provided for in the Decree and spreading a business culture based on fairness, transparency and legality.
The Model was prepared after identifying the processes and activities at risk of committing the offenses provided for in Decree 231 (Risk Assessment activity) and analyzing the existing internal control system (Gap Analysis), identifying the control structures that allow the risk to be mitigated.
The Code of Ethics, an integral and substantial part of Model 231, makes explicit the values in which Tecno Incollaggi recognizes itself, the principles of behavior and the rules to be adopted in relations inside and outside the company, with institutions, suppliers, customers and business partners.
Addressees and Scope of Application
The Model 231 and the Code of Ethics apply to:
- Corporate bodies of management, administration and control of Tecno Incollaggi;
- Corporate officers: those who perform, even de facto, management, administration, direction or control functions within the company;
- Employees of Tecno Incollaggi;
- Those who have relationships with the Company (e.g., customers, suppliers of goods, works and services, business partners) and parties not bound to Tecno Incollaggi by corporate or subordination ties, who act on its behalf or for its benefit (e.g., consultants and outsourcers, collaborators under service contracts, agents and intermediaries).
Failure to comply with the principles and rules of conduct set forth in the Model and the Code of Ethics constitutes, for employees, a disciplinary offence and, for third-party contractors (e.g., suppliers, business partners, agents, customers, consultants), grounds for contract termination or the application of penalties, without prejudice to compensation for any damage caused.
The Supervisory Body
In compliance with current regulations, Tecno Incollaggi has appointed a Supervisory Body (SB) with the task of supervising the functioning, effectiveness and compliance with the Model and the Code of Ethics, and to ensure that it is constantly updated. The SB has been identified as a collegial body whose members meet the requirements of autonomy, independence, and professionalism required by current regulations.
The SB is also entrusted with the task of receiving and handling reports of alleged violations of the Model and/or Code of Ethics transmitted through the dedicated internal channel by:
- Top management, members of the corporate and supervisory bodies of Tecno Incollaggi;
- Employees of Tecno incollaggi, regardless of contractual classification;
- Workers on probation or whose employment relationship has already ended (provided that the report concerns wrongdoing learned in the selection process or during the employment relationship);
- Individuals who are even temporarily in a working relationship with Tecno Incollaggi while not holding the status of employees (e.g., volunteers and interns – paid and unpaid);
- Those who cooperate and collaborate with Tecno Incollaggi – in any capacity – in the pursuit of its objectives (e.g., agents, self-employed, freelancers and consultants);
- Customers, suppliers, business partners.