WHISTLEBLOWING - REPORT
The protection of Whistleblowers is comprehensively regulated by Act No. 171/2023 Sb., on the protection of Whistleblowers, (hereinafter referred to as „Whistleblower Protection Act“) as amended, in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report infringements of Union law, as amended, and Act No. 172/2023 Sb., amending certain acts in connection with the adoption of the Whistleblower Protection Act, as amended.
This document regulates:
1. Whistleblower rights and procedures for reporting suspected illegal or unethical activity related to the activities of ECLAIR AVIATION s.r.o. (hereinafter referred to as ECLAIR)
2. The document regulates the jurisdiction, status, authority and duties of the person designated in ECLAIR to receive and handle reports of possible illegal conduct (hereinafter referred to as the "Competent Person")
3. The rights and obligations of the person against whom a report of a possible violation under the Whistleblower Protection Act (hereinafter referred to as the "report") is directed (hereinafter referred to as the "affected person")
A Whistleblower is an natural person who, in connection with the performance of a job or other similar activity (including applying for a job or in connection with former work for an obliged entity), has a reasonable suspicion that an illegal act is taking place within the organisation where he or she is employed and has therefore reported such fact through the internal reporting system, the external reporting system, by publication or through law enforcement authorities.
The Competent Person is the person who receives and handles report submitted by the Whistleblower.
The Affected person is the person against whom the report has been made.
1. JURISDICTION AND COMPETENCE
ECLAIR encourages its employees and others to report matters that are deemed to violate ECLAIR's policies and/or values. By establishing an Ethics Line, ECLAIR makes available various channels for reporting that ensure the identity of the reporting party is protected. If the identity of the Whistleblower is known, it is never disclosed without the express consent of the Whistleblower. Similarly, no other information from which the identity of the Whistleblower can be inferred is disclosed (unless required by law).
Early reporting of suspected violations is desirable and beneficial as it facilitates prompt investigation of the reported matter and increases the chances of mitigating any negative consequences.
2. subject of the report
The subject of the notification is information about a possible infringement that has occurred or is about to occur in relation to a person for whom the Whistleblower, even indirectly, has performed or is performing work or other similar activity, or in relation to a person with whom the Whistleblower has been or is in contact in connection with the performance of work or other similar activity, and which:
a. Has the elements of a criminal offence
b. Has the characteristics of an offence for which the law provides for a fine of at least CZK 100,000
c. Violates Act No. 171/2023 Sb.
d. Violates another legal regulation or a regulation of the European Union
Persons making a report must have reasonable grounds to believe that the matter to be reported relates to one or more of the areas covered by this document. Past, present or likely future matters may be reported. It is not required that definitive supporting evidence be attached to the report. The report must be made only in good faith in light of the circumstances at the time of the report.
3. PERSONS ENTITLED TO SUBMIT REPORTS
Reports can be made by natural persons who have become aware of illegal activity in connection with their work or similar activities carried out for ECLAIR. These individuals include:
- ECLAIR employees (including former employees) and applicants for employment with ECLAIR,
- employees on secondment to ECLAIR ("agency workers"),
- volunteers or interns working at ECLAIR,
- freelancers acting as ECLAIR's suppliers or bidding for a supply contract from ECLAIR,
- employees or other natural persons working under the supervision of ECLAIR contractors,
Persons whose legal relationship with ECLAIR has yet to be established are covered by this document only to the extent that the information provided was obtained during pre-relationship negotiations, such as recruitment and selection of potential employees.
An individual who knowingly makes a false report is not protected from retaliation under the Whistleblower Protection Act. By making a knowingly false report, a Whistleblower commits an offence punishable by a fine of up to CZK 50,000.
The report shall contain the name, surname and date of birth or other information from which the identity of the Whistleblower can be established; the identity of the Whistleblower shall be presumed to be true. The report does not have to contain the particulars referred to in the first sentence if it is made by a person whose identity is known to the Competent Person.
report and follow-up procedure
SUBMITTING THE REPORT
The Whistleblower has the option of submitting a report via the internal notification system (VOS) or via other notification systems.
internal reporting system
Only the Competent Persons at ECLAIR are authorised to receive reports from the Whistleblower and to carry out other related activities within the internal system:
- Monika Dobrá
- Martina Liptáková
You can submit a report to the Competent Person in the following ways:
- By telephone
- In writing
1. The electronic method of submitting reports
The Ethics Line portal can be used for electronic submission. ELECTRONIC SUMBISSION
2. Telephone submission of reports
Telephone submissions to the Competent Person can be made on working days between 9:00 and 15:00 at the following telephone numbers:
Monika Dobrá +420607009592
Martina Liptáková +420771230403
3. Oral submissions
Oral submissions may be made to the Competent Person at the premises of ECLAIR Aviation s.r.o, Dědinská 29, Prague 6 160 00
An appointment for oral submission can be arranged by calling the telephone numbers stated above.
4. Written report
The report can also be sent by post to Eclair Aviation s.r.o., Dědinská 29, 160 00 Prague 6. In this case, the parcel must be marked with the following text „NEOTEVÍRAT – VÝHRADNĚ K RUKÁM MONIKY DOBRÉ a MARTINY LIPTÁKOVÉ“
5. Other means of report
The Whistleblower has the option of using the Department of Justice's external notification system at the electronic link.
protection from retaliation
It is understandable that potential Whistleblowers may be concerned about reporting their suspicions and the possible consequences that may befall them.
ECLAIR has created this document to establish a framework to ensure that ECLAIR employees and third parties are heard and can share their reasonable suspicions of wrongdoing without fear of retaliation.
Retaliatory action means an act or omission in connection with the Whistleblower's work or other similar activity that is triggered by the making of a report and that assists the Whistleblower or the person who helped in identifying the information that is the subject of the report, making the report, or assessing the validity of the report.
ECLAIR thus ensures the protection of persons who report their suspicions in good faith, even if those suspicions subsequently turn out to be unfounded.
Reports made with the intent to knowingly provide false information and harm ECLAIR do not have such protection and may be subject to prosecution under Whistleblower Protection Act.
PROCESS OF RECEIVING, EVALUATING AND HANDLING REPORTS
1. RECEIVING REPORT
The Competent Person shall receive reports within the internal reporting system.
If the Whistleblower requests so, the Competent Person shall receive the report in person within a reasonable period of time, but no later than 14 days from the date on which the Whistleblower so requests.
A written record of the oral submission will be made and signed. Alternatively, by agreement and with the consent of the notifier, another method of recording the report will be chosen.
If a report to be received and dealt with by the Competent Person reaches another person or organisational unit of Eclair Aviation, it shall be forwarded to the Competent Person for handling without delay in a manner that ensures the confidentiality of the content of the report and the identity of the reporting party. At the same time, all information relating to the report shall be deleted from the document file and the case file, if possible.
The Competent Person shall inform the Whistleblower of the receiving of the notification without delay, but not later than seven days.