Index of contents
The purpose of this procedure is to regulate the reception, treatment, investigation and resolution of communications/complaints received by the internal communication system of MAINJOBS GROUP
The objective of the internal communication system of MAINJOBS GROUP is to channel and facilitate the secure formulation of any communication about:
Furthermore, this procedure seeks to ensure that throughout the process the protection of the privacy of the people involved and the confidentiality of the data contained in the complaint are effectively guaranteed, and the complaint can be made anonymously if the complainant so considers it.
This information management procedure, in accordance with the provisions of article 42 of the Commercial Code and section 1 of article 11 of Law 2/2023, applies to MAINJOBS GROUP. and registered office at Avda. Jorge Luis Borges 15, block 3 1st floor 29010, Málaga, Spain, and to the entities that are part of the aforementioned business group:
In this sense, and unless the context results otherwise, what is stated throughout this document will be the same with respect to all the entities listed above.
The internal information channel is configured as one of the axes of the compliance and prevention system established in MAINJOBS GROUP in accordance with the provisions of Art 31 Bis of the CP, Circular 1/16 of the State Attorney General's Office, Jurisprudence of the TS on the matter, Law 2/2023 and EU Directive 2019/1937 on the matter.
In accordance with the provisions of section 2 of article 8 of Law 2/2023, the administrative body of MAINJOBS GROUP has appointed the Steering committee of the group as responsible for the system. In accordance with said section, the processing of investigation files is delegated to the director of the legal department, member of the Steering committee of MAINJOBS GROUP.
Note: System management is carried out through the FACTORIAL software. Tool that guarantees the total confidentiality of the complaints received.
The person responsible for the system carries out its functions independently and autonomously with respect to the rest of the bodies of the entity or organizations, without receiving instructions of any kind and having all the personal and material means necessary to carry them out.
Both the appointment and dismissal of the individually designated natural person will be notified to the Independent Whistleblower Protection Authority, AAI, regulated in title VIII Law 2/2023 regulating the protection of people who report regulatory infractions, or, If applicable, to the competent authorities or bodies of the autonomous communities, within the scope of their respective powers, within the following ten business days, specifying, in the case of their dismissal, the reasons that justified it.
Article 6 of Law 2/2023 establishes that “The management of the internal information system may be carried out within the entity itself or by turning to an external third party, in the terms provided in this law. For these purposes, it is considered management of the system the reception of information” In the case of MAINJOBS GROUP System management is carried out through software developed by FACTORIAL, guaranteeing that the management of the system respects, in all cases, independence, confidentiality, data protection and the secrecy of communications.
Reportable facts:
The Whistleblower Channel should be understood as an instrument that allows the communication of conduct that may constitute non-compliance or irregularities that may go against the interests of the European Union or constitute an illegal act or contract with the applicable regulations.
Rights of the complainant:
The complainant will have the following rights guaranteed:
Imposition of disciplinary measures:
If in the resolution of the investigation it is reliably proven that the facts investigated are true and are linked to irregular or illicit conduct, the accused may be subject to sanctions in accordance with labor legislation and the rest of the civil and commercial obligations that may exist. contracted by a member of the company's staff, company personnel or person linked to it.
The facts may also be made available to the competent authorities, in the event that the facts may constitute an illegal act.
In the event that the reporting person is a third party with whom an employment relationship is not maintained (supplier, commercial agent, candidate, etc.), the applicable sanctions will be limited to the commercial field, without prejudice to the communication of the facts to the competent authorities.
Communication of false or bad faith complaint:
The reporting channel must be used responsibly and appropriately. The communication of false facts, with a malicious and morally dishonest attitude, represents a violation of the good faith that must prevail in work or commercial relationships.
If, after the appropriate analysis, it can be concluded that the facts reported are manifestly false and that the complaint has been presented with malicious attitude and bad faith: (i) the complaint will be filed, documenting the reasons that led to the filing of the file, finishing the research work; (ii) said circumstance will be transferred to the HR Department so that, in coordination with the Management Committee, disciplinary measures can be proposed in accordance with the Current Collective Agreement and; (iii) the proposed sanction will be reported in writing to the Management Committee or, where appropriate, to the Board of Directors, who will decide the disciplinary action to be applied to the complainant of bad faith.
The internal complaint management procedure will consist of the following phases:
Initial phase:
The complainant, if they choose to use the internal Complaints Channel, will have to fill out the complaint form that is at your disposal.
The complaint must be individual. In the event that several people are aware of the same fact or circumstance that must be reported, each of them must do so individually through the reporting channel.
The contents required in the communication form are the following:
It is important that the complainant provides sufficient detail about the suspicious facts, conduct or activities, so that the Steering Committee can carry out a preliminary analysis of the content, even allowing the sending of files or attached documents in relation to the reported facts.
The company must acknowledge receipt of the complaint to the complainant within a maximum period of 7 days. The company may ask the complainant to provide additional information, if necessary. For example:
If 30 days pass without obtaining a response to said request, it will be considered that the complainant has given up his or her desire to file a complaint, except in those cases in which it has been categorized as critical.
Instructor phase:
The period to resolve will not exceed 3 months from the acknowledgment of receipt or, if an acknowledgment of receipt was not sent to the complainant, three months from the expiration of the period of seven days after the complaint was made.
Exceptionally, the period could be extended to 6 months where necessary due to specific circumstances of the case, in particular the nature and complexity of the subject of the complaint, which may justify a lengthy investigation.
Resolution phase:
The company will issue a Resolution that includes a documented and objective statement of facts, followed by a detailed statement of the results of the investigative actions carried out.
The resolution must be communicated to the complainant and the person reported.
Three types of Resolutions are proposed:
Failure to comply with the regulations and laws that apply to MAINJOBS GROUP, as well as conduct contrary to the policies, procedures, protocols and procedures that have been implemented, give rise to the application of the adapted disciplinary regime provided for by MAINJOBS GROUP respecting in all cases the terms provided for in article 54.2 of the Workers' Statute regarding indiscipline or disobedience at work, since the provisions of this Protocol are mandatory guidelines.
The violation of the instructions contained in this Protocol, as well as the use and management of the Channel in bad faith, are conducts subject to the application of the disciplinary regime through the imposition of the corresponding sanction, without being able to contravene in any case the provisions in labor regulations and the applicable Collective Agreement.
When there is news, through notification made by the Prosecutor's Office or any agent of the Authority, of the existence of an investigation or criminal procedure followed against MAINJOBS GROUP or against any of its members for crimes committed within MAINJOBS GROUP, or its dependent companies, and that could result in criminal liability for the company in accordance with the provisions of art. 31 bis CP or when the conclusion of the investigation is decided by the administrative or governing body to formally file a complaint or complaint, the first lines of defense will be managed and, where appropriate, a representative in charge of the eventual case will be appointed. appearance of the company, as well as the proposal of the lawyer/s and attorneys who are suitable for the defense and representation of MAINJOBS GROUP must take into account the possible incompatibilities of said representation with the various natural persons investigated or charged.
In the event that the designated representative was declared as under investigation during the judicial investigation phase or had to appear during the oral trial phase as a witness, he or she must be replaced by another person.
MAINJOBS GROUP, will keep, and keep updated, a record book of the communications received and the internal investigations to which they have given rise, guaranteeing, in all cases, the confidentiality requirements provided for in the internal information system policy and in this document. .
Personal data that is not clearly relevant to processing specific information will not be collected or, if collected by accident, will be deleted without undue delay.
The processing of personal data derived from the management and investigation of communications will be governed by the provisions of the RGPD, in Organic Law 3/2018, of December 5, on Data Protection and guarantee of digital rights, in the Law Organic 7/2021, of May 26, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offenses and the execution of criminal sanctions, and in the applicable regulations.
The processing of personal data will be understood to be lawful based on the provisions of articles of the RGPD and 8 of the PDGDD Law (compliance with a legal obligation) and 11 of Organic Law 7/2021 and/or in article 6.1.e) of the GDPR.
When personal data is obtained directly from the interested parties, they will be provided with the information referred to in articles 13 of the RGPD and 11 of the PDGDD Law.
The person to whom the reported events refer will under no circumstances be informed of the identity of the informant or of the person who carried out the public disclosure.
Interested parties may exercise the rights referred to in articles 15 to 22 of Regulation (EU) 2016/679.
In the event that the person to whom the facts reported in the communication or to whom the public disclosure refers exercises the right to object, it will be presumed that, unless proven otherwise, there are compelling legitimate reasons that legitimize the processing of their data. personal.
Access to the personal data obtained will be limited, within the scope of its powers and functions, exclusively to, where applicable:
The processing of data by other people, or even its communication to third parties, will be lawful when it is necessary for the processing of sanctioning or criminal procedures that, where appropriate, may apply.
In no case will personal data that are not necessary for the knowledge and investigation of the actions or omissions that fall within the scope of material application of the Channel be processed, and, where appropriate, they will be immediately deleted. Likewise, all personal data that may have been communicated and that refer to conduct that is not included in the scope of application of the law will be deleted.
If the information received contains personal data included within the special categories of data, it will be immediately deleted, without proceeding to its registration and processing.
Conservation periods
The data that is subject to processing may be kept in the Complaints Channel only for the time necessary to decide on the appropriateness of initiating an investigation into the reported events.
If it is proven that the information provided or part of it is not truthful, it must be immediately deleted from the moment there is evidence of said circumstance, unless said lack of truthfulness may constitute a criminal offense, in which case it will be kept. the information for the necessary time during which the judicial procedure is processed.
In any case, after three months from receipt of the communication without investigation actions having been initiated, it must be deleted, unless the purpose of conservation is to leave evidence of the operation of the system.
Without prejudice to the foregoing, the person responsible for the system will be in charge of filing and safeguarding all the resulting documentation, in the record book, for ten (10) years from the receipt of the communication or complaint, with the purpose of leaving evidence of the operation of the internal information system of MAINJOBS GROUP. Said file will be carried out in compliance with the strictest security and confidentiality measures.
In any case, communications that have not been processed may only be recorded in anonymized form, without the blocking obligation provided for in article 32 of Organic Law 3/2018, of December 5, being applicable.
This protocol will be reviewed at least once a year, for which support may be obtained from a specialized external natural or legal person.
In the event that, at any time, any modification is made to the internal information system of MAINJOBS GROUP, the protocol will need to be updated.
It must also be updated to adapt it to all those circumstances that may arise, as well as the regulations or jurisprudence that may be issued. All of this, with the objective of adapting the Canal to the maximum requirements necessary for its correct functioning and thus providing it with the appropriate effectiveness to be able to mitigate and avoid risks or irregularities in terms of regulatory compliance.
Click on the following button to access the form and send your complaint:
ACCESS THE FORMTo complete your complaint, you must:
– Fill out the form with the necessary information. You can do so anonymously or indicate your identity if you wish.
– The "description" field must have a minimum of 50 characters.
– Once you have filled out the form, you will be asked to create a password.
– Once the password is generated, an identifying code for your complaint will be generated.
– You can use your code and password to check the status of your report whenever you want.
