General Notice
FN|MZ International Business Services Kft.
1. Introduction
FN|MZ International Business Services Kft. operates an internal whistleblowing system in accordance with the provisions of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and Act XXV of 2023 on complaints, notifications of public interest and rules relating to whistleblowing.
The internal whistleblowing system aims to ensure that the company is informed first-hand about problems, abuses, violations of interests and rights experienced by employees and partners. By setting up an internal whistleblowing system and implementing whistleblower protection measures, internal and external persons can receive swift and effective redress and have their complaints properly investigated, thereby increasing transparency and accountability.
1.1 Definitions
For the purposes of the internal whistleblowing system:
FN|MZ International Business Services Kft. operates an internal whistleblowing system in accordance with the provisions of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and Act XXV of 2023 on complaints, notifications of public interest and rules relating to whistleblowing.
The internal whistleblowing system aims to ensure that the company is informed first-hand about problems, abuses, violations of interests and rights experienced by employees and partners. By setting up an internal whistleblowing system and implementing whistleblower protection measures, internal and external persons can receive swift and effective redress and have their complaints properly investigated, thereby increasing transparency and accountability.
1.1 Definitions
For the purposes of the internal whistleblowing system:
- report: an oral or written communication of information on breaches that the reporting person submits in the whistleblowing system.
- reporting person: means a natural person who reports on breaches acquired in the context of his or her work-related activities or cooperation with the Company.
- internal whistleblowing system operator: the impartial person or department designated by the Company for this purpose, as set out in point 2.1 of this notice.
- work-related relationship: any legal relationship in which the worker performs an activity for and under the direction of the Company for remuneration or in a self-employment.
- worker: a natural person who carries out an activity for and under the direction of the Company within the framework of a work-related relationship for consideration or who carries out an activity under self-employment.
- Complaints Act: Act XXV of 2023 on complaints, notifications of public interest and rules relating to whistleblowing.
- Company: FN|MZ International Business Services Kft.
- breaches: an unlawful or allegedly unlawful act or omission, or any other act or omission that violates or is alleged to violate any policy or code of conduct set forth in the Company's policies.
1.2 Principles
The following general principles apply to post-reporting procedures:
- Confidentiality: reports of breaches are treated in strict confidence. Information on reported breaches will be shared only with those persons strictly necessary for the investigation.
- Presumption of innocence: any person who is alleged to have violated the law or the Company's policies will be presumed innocent until proven otherwise.
- Impartiality: reports of breaches are treated impartially and fairly, regardless of the individuals or positions involved.
2. The Internal Whistleblowing System
2.1 Where to report?
The internal whistleblowing system is operated by the Company's HR Manager / HR department. Information on breaches can be reported through the following channels:
In writing:
By post: 1095 Budapest, Lechner Ödön fasor 10/B By electronic way: FIBS Hungary Whistleblowing Portal (fnmz-whistleblowing.com)
In oral forms:
In person:1095 Budapest, Lechner Ödön fasor 10/B
2.2 What can be reported?
Information about an unlawful or suspected unlawful act or omission or other breaches, for example:
Corruption and financial irregularities; for example, bribes, unfair competition, money laundering, fraud, conflict of interest;
Serious health and safety violations; for example, workplace health and safety, product safety, serious discrimination and harassments;
Serious environmental violations; for example, illegal treatment of hazardous waste;
Privacy violations; for example, improper use of personal data;
Violation of anti-trust regulations; for example, cartels and price fixing;
Other unlawful or seriously unethical conduct; such as the use of child labour, modern slavery, other unlawful use of work force and human rights violations; and
Other serious breaches of the Company's policies.
Complaints and matters such as a general dissatisfaction in the workplace and poor management (leadership), workplace personal conflicts and similar incidents, shall not be reported, and is not permitted to handle, via the whistleblowing system.
2.3 Who can make a report?
In the whistleblowing system the reports may be made by:
- a) a worker employed by the Company,
- b) a worker who has ceased to be employed by the Company, and
- c) a person who wishes to establish a work-related relationship with the Company and for whom the procedure for the establishment of such a relationship has been initiated.
In addition to the above, in the whistleblowing system the reports may be made by:
- a) the sole proprietor, individual company, if it has a contractual relationship with the Company,
- b) the owners of the Company and a person who is a member of the Company's administrative, management or supervisory body, including a non-executive members of such bodies,
- c) any person under the supervision and control of a contractor, subcontractor, supplier or agent who is/has been/will be (already initiated the procedure) in a contractual relationship with the Company.
- d) trainees and volunteers working for the Company,
- e) a person who wishes to enter into a legal or contractual relationship with the Company pursuant to (a), (b) or (d) and in respect of whom the procedure for the establishment of such legal or contractual relationship has been commenced, and
- f) a person who has ceased to have a legal or contractual relationship with the Company under (a), (b) or (d).
2.4 Can I report anonymously?
The report may be made anonymously, but in the case of an anonymous report, the reporting person should consider that, in the absence of contact details
- where the information provided in the report is insufficient or inadequate to enable the investigation to be carried out or where the information indispensable for the initiation or effective conduct of the investigation cannot otherwise be obtained for any reason, the investigation may be closed without result,
- the reporting person will not be sent any information about the procedure,
- under the Complaints Act, the investigation of a report made by an unidentifiable person may be ignored.
2.5 Ways to report
2.5.1 oral report
The oral report
- a) will be recorded it in a durable and retrievable form and we will inform the reporting person of the fact of recording, or
- b) will be put in written form and we will provide a copy to the reporting person. The reporting person can check it, request correction, or accept it by signing it.
A full and accurate minute of the oral report will be made in writing.
In the case of an oral report, the reporting person will be made aware of the consequences of reporting in bad faith, the procedural rules governing the investigation of the report and that his or her identity will be kept confidential at all stages of the investigation.
2.5.2 Written report
Within seven days of receipt of a written report made through the internal whistleblowing system, we will send the reporting person a confirmation that the report has been received. The confirmation will include general information to the reporting person about the procedural and data processing rules.
3. Investigaton of the report
For report made through the designated channels, we will investigate the report within a maximum of thirty days of receipt.
The thirty-day deadline may be extended if justified. In this case, we will inform the reporting person of the expected date of the investigation and the reasons for the extension. The time limit for investigating the report and informing the reporting person of the outcome of the investigation may not exceed three months in the case of an extension.
During the investigation of the report, we will keep in contact with the reporting person who may be invited to supplement or clarify the report, clarify the facts of the case or provide additional information.
We may decide not to investigate the report if:
In the case of an oral report, the reporting person will be made aware of the consequences of reporting in bad faith, the procedural rules governing the investigation of the report and that his or her identity will be kept confidential at all stages of the investigation.
2.5.2 Written report
Within seven days of receipt of a written report made through the internal whistleblowing system, we will send the reporting person a confirmation that the report has been received. The confirmation will include general information to the reporting person about the procedural and data processing rules.
3. Investigaton of the report
For report made through the designated channels, we will investigate the report within a maximum of thirty days of receipt.
The thirty-day deadline may be extended if justified. In this case, we will inform the reporting person of the expected date of the investigation and the reasons for the extension. The time limit for investigating the report and informing the reporting person of the outcome of the investigation may not exceed three months in the case of an extension.
During the investigation of the report, we will keep in contact with the reporting person who may be invited to supplement or clarify the report, clarify the facts of the case or provide additional information.
We may decide not to investigate the report if:
- a) the report was made by an unidentified reporting person,
- b) the report was not made by the person entitled to do so,
- c) The report is a duplicate submission from the same reporting person, containing identical content as that of the previous report, or
- d) the harm to the public interest or to an overriding private interest would not be proportionate to the restriction of the rights of the person concerned resulting from the investigation of the report.
During the investigation of the report, we will assess the relevance of the circumstances set out in the report and take appropriate measures to remedy the breaches.
If the report warrants the initiation of criminal proceedings, we will file a denunciation if it is permissible under the applicable law.
The reporting person will receive a written notification regarding the investigation or non-investigation of the report, along with an explanation for the decision of non-investigation or the investigation's findings and the measures that have been implemented or are planned.
We will ensure that the information contained in the report is only disclosed to those persons who have a necessary need to know in order to carry out an effective and efficient investigation of the report.
4. Protecting the reporting person
The reporting person will not receive any adverse actions for having made a lawful report.
An adverse action is an act or omission which is detrimental to the reporting person, in particular
If the report warrants the initiation of criminal proceedings, we will file a denunciation if it is permissible under the applicable law.
The reporting person will receive a written notification regarding the investigation or non-investigation of the report, along with an explanation for the decision of non-investigation or the investigation's findings and the measures that have been implemented or are planned.
We will ensure that the information contained in the report is only disclosed to those persons who have a necessary need to know in order to carry out an effective and efficient investigation of the report.
4. Protecting the reporting person
The reporting person will not receive any adverse actions for having made a lawful report.
An adverse action is an act or omission which is detrimental to the reporting person, in particular
- a) suspension, lay-off, dismissal or equivalent measures,
- b) demotion or withholding of promotion,
- c) transfer of duties, change of location of place of work, reduction in wages, change in working hours,
- d) withholding of training,
- e) a negative performance assessment or employment reference,
- f) imposition or administering of any disciplinary measure, reprimand or other penalty, including a financial penalty,
- g) coercion, intimidation, harassment or ostracism,
- h) discrimination, disadvantageous or unfair treatment,
- i) failure to convert a temporary employment contract into a permanent one, where the worker had legitimate expectations that he or she would be offered permanent employment,
- j) failure to renew, or early termination of, a temporary employment contract,
- k) harm, including to the person's reputation, particularly in social media, or financial loss, including loss of business and loss of income,
- l) blacklisting on the basis of a sector or industry-wide informal or formal agreement, which may entail that the person will not, in the future, find employment in the sector or industry,
- m) the requirement for a medical fitness assessment,
- n) early termination or cancellation of a contract for goods or services; and
- o) the withdrawal of the authorisation.
No adverse action may be taken in respect of a lawful report to the detriment of an entity owned by the reporting person or an entity having an work-related or other contractual relationship with the reporting person.
If a disclosure is lawfully made, the reporting person will not be deemed to have breached any restriction on disclosure of a legally protected secret or any other legal restriction on disclosure of information and shall not be liable in respect of such disclosure if the reporting person had reasonable grounds to believe that the report was necessary to disclose the circumstances to which the report relates.
If a report has been lawfully made, the reporting person will not be liable for obtaining or having access to the information contained in the report, unless the reporting person has committed a criminal offence by obtaining or having access to the information.
The state shall provide the reporting person with the assistance provided for in Act LXXX of 2003 on Legal Aid under the conditions set out therein.
If a disclosure is lawfully made, the reporting person will not be deemed to have breached any restriction on disclosure of a legally protected secret or any other legal restriction on disclosure of information and shall not be liable in respect of such disclosure if the reporting person had reasonable grounds to believe that the report was necessary to disclose the circumstances to which the report relates.
If a report has been lawfully made, the reporting person will not be liable for obtaining or having access to the information contained in the report, unless the reporting person has committed a criminal offence by obtaining or having access to the information.
The state shall provide the reporting person with the assistance provided for in Act LXXX of 2003 on Legal Aid under the conditions set out therein.
The report is lawful if
- a) the reporting person has made the report through the whistleblowing system operated by the Company in accordance with the rules set out in this notice and the Complaints Act,
- b) the reporting person has obtained the information concerning the circumstances to which the report relates in the context of his or her work-related activities, and
- c) the reporting person had reasonable grounds to believe that the information concerning the circumstances covered by the report was true at the time of report.
Protection under this Chapter is granted to the reporting person only if:
- a) The information being reported falls within the scope of the European Union acts listed in Annex 1 and Annex 2 to the Complaints Act or the legal provisions that ensure their implementation and compliance, or
- b) The reporting person has reasonable grounds to believe that the circumstances mentioned in point (a) do exist.
Protection under this Chapter is granted to the reporting person if, he/she:
- a) is in breach of the rules on the protection of classified information,
- b)fails to comply with the legal obligations of confidentiality regarding medical secret and legal professional privilege when making a report,
- c) as an ecclesiastical person or member of a religious community performing religious rites, does not comply with the obligation of confidentiality that is imposed on him/her by the profession,
- d) is in breach of the rules on the protection of confidential information protected by law in connection with judicial proceedings,
- e) is in breach of the rules on data processing under the rules of criminal procedure.
Protection under this Chapter is granted to the person who
- a) assists in the reporting to the reporting person who makes a lawful report,
- b) is related to the person who made the lawful report, in particular a co-worker or family member of the reporting person, who may be adversely affected.
5. How data is processed
For detailed rules on data processing, in particular its purpose, legal basis, access rights, duration of data processing and data subjects' rights, please refer to the "Privacy Notice on the Internal Whistleblowing System".
If it becomes apparent that the reporting person has communicated false data or information in bad faith and
- a) there are indications that a criminal or administrative offence has been committed, personal data must be handed over to the authority or person responsible for the procedure,
- b) there are reasonable grounds for believing that he or she has caused unlawful damage or other legal harm to another person, his or her personal data must be disclosed at the request of the body or person entitled to initiate or conduct the proceedings.
6. State of expenditure and amendments to the general information notice
State of expenditure of this notice: December 2023
Changes in legal and/or regulatory requirements may require changes to the notice. In this case, we will publish the corresponding updated notice.