Whistleblowing report

Who can make a report?

The following subjects can make reports:

• employees, self-employed workers, those with collaboration relationships, volunteers and apprentices, including those who are unpaid, who perform their work activities at MR;
• workers or collaborators who perform their work activities at MR; the shareholders and persons of MR with functions of administration, management, control, supervision or representation;
• workers or collaborators who carry out their work activities for entities that provide goods or services or carry out projects in favor of third parties.

These subjects may report information on breaches which they come to know of within the context of their work.

Reports may also be made:

• when the legal relationship has not yet begun, if the information on the breaches comes to light during the selection process or other pre-contractual stages;
• during the trial period;
• after the end of the legal relationship, if the information on the breaches came to light during the course of the relationship.

MR encourages whistleblowers to reveal their identity in their reports, to make it easier to verify the facts reported and to inform the whistleblower of the outcome of the investigations. The confidentiality of whistleblowers is guaranteed, in compliance with applicable legislation. However, anonymous reports are also accepted, in accordance with the provisions of Italian Legislative Decree No. 24/2023.

What can be reported?

Information on breaches which concern facts (of any nature, including omissions) attributable to people within MR and/or MR Group or to third parties, which may include:

• breaches of the Organizational, Management and Control Model pursuant to Italian Legislative Decree No. 231/2001 and the procedures through which it is implemented and/or of the Anti-Corruption Policy and the Anti-Bribery & Corruption management system of MR and/or of the Code of Ethics and/or of internal company regulations;
• unlawful conduct relevant under Italian Legislative Decree No. 231/2001.

Reports must concern facts which the whistleblower has knowledge of, and the whistleblower him/herself must have well-founded reasons for believing that the information reported is true at the time of the report.
The whistleblower must clearly indicate in the subject line of the report, that it is a "Whistleblowing Report" for which he or she intends to keep his or her identity confidential and benefit from the protection provided in the case of retaliation suffered as a result of the report.
Unsubstantiated news and information cannot be reported acquired only on the basis of indiscretions or rumors that are scarcely reliable (so-called rumors), as well as information that is already subject to the public domain.
Reports should be timely and as detailed as possible detailed, to make it concretely possible for verification by those responsible for receiving and handling them. Reports must be made promptly following the discovery of the facts, in order to make it possible to verify them.
The following do not constitute whistleblowing reports: disputes, claims or requests linked to a personal interest of the Whistleblower, which pertain exclusively to his/her individual working relationship, or regarding his/her relationship with the figures above him/her in the hierarchy; communications or complaints concerning activities of a commercial nature or public services.

Internal reporting channels

Reports may be sent through: i) the mailbox whistleblowing@manuli-hydraulics.com in exclusive use of the members of the MHI's Supervisory Body with the wording "strictly confidential" "Whistleblowing report" in the subject line of the e-mail message; ii) ordinary or registered mail, in a sealed envelope to the address of the MHI's Supervisory Body c/o the headquarter of Manuli Ryco S.p.A. in Milan, Via Paleocapa no. 7; iii) telephone line marked 02/62713340, equipped with an answering machine, for the exclusive use of the individuals authorized to handle the report; iv) orally, by a statement made by the whistleblower as part of a special hearing with the competent organs for handling the report.  
The whistleblowing reports made by ordinary or registered mail, the report must be placed in two sealed envelopes: the first with the whistleblower data together with a copy of the identification document; the second with the report, so ad to separate the reporting party's identifying data from the report. Both should then be placed in a third sealed envelope bearing on the outside the words "confidential" "Whistleblowing report", addressed to MHI's Supervisory Body.  

External reports and public disclosure

Italian Legislative Decree No. 24/2023 allows, for the whistleblower, for the possibility of making external reports to the Italian National Anti-Corruption Authority (ANAC) and public disclosures of breaches in the cases expressly provided for by law. It is only permitted to make external reports to the ANAC in the cases described below:

• in case where internal reporting channel is not active in MR, or where the channel is not compliant with legal provisions;
• in cases where the whistleblower has already made an internal report, which was not followed up on;
• in cases where the whistleblower has well-founded reasons to believe that, if he/she were made an internal report, it would not be followed up on properly or indeed might lead to a risk of retaliation;
• in cases where the whistleblower has well-founded reasons to believe that the breach may constitute a clear or imminent danger to public interests.

Protection of whistleblowers

In accordance with the provisions of law, MR guarantees full protection for whistleblowers, ensuring the confidentiality of their identity and of the facts forming the subject of their report from the time when the report is received. It forbids (and penalizes, to the extent of its power and authority) all direct and indirect forms of retaliatory or discriminatory actions and behaviors towards the whistleblower as a result of the report, including those of omission and those which are attempted or threatened, as well as those directed against third parties connected to the whistleblower, such as relatives, colleagues and legal entities which the whistleblower may own or for which he/she may work, operating in a work context connected to MR.
Whistleblowers shall receive an acknowledgement of receipt of the report within 7 days of the date of its receipt. It is, in addition, provided feedback to the report within three months from the date of the acknowledgement receipt.
Notifications of any retaliation must be forwarded to the National Anticorruption Authority (ANAC) for legal investigation.
The communication is made through the IT platform made available by ANAC, within the institutional website, and accessible by clicking the link to the page dedicated to the "whistleblowing" service (https://www.anticorruzione.it/-/whistleblowing) or through an operator telephone service provided by ANAC or a face-to-face meeting set within a reasonable time.

Protection of Involved Persons

MR protects the rights of the involved persons and those mentioned in the report, until the end of the proceeding started because of the report with the same guarantees provided in favor of the whistleblower.
The reported person may also be heard through the acquisition of written observations and documents ad shall be heard if he or she required.
The reported person shall be informed of the existence and content of the report at the end of the investigation conducted on the report and in the event that such proceeding is based in whole or in part on the report.

Description of the process

Reports may be sent to the MHI's Supervisory Body.
The MHI's Supervisory Body manages the reports in accordance with the provisions of Italian Legislative Decree No. 231/2001.
Upon the outcome of the investigations, the MHI's Supervisory Body shall provide feedback on the report acknowledges of the measures planned or taken and about any measures to be taken to follow up the report along with the reasons for the decision taken.

Processing of personal data

As part of the reports management process, personal data are processed in compliance with the applicable legislation on the matter (EU Regulation 679/2016 and Italian Legislative Decree No. 196/2003, as amended by Italian Legislative Decree No. 101/2018).
Click here for consult the information on the processing of personal data.