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Complaint channel

Complaint channel

Index of contents

1. Object

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: 

  1. Any fact, indication, irregularity, risk or knowledge of possible crimes and/or regulatory breaches in the scope and operation of MAINJOBS GROUP  
  1. Any action contrary to the policies, protocols, procedures and internal codes that MAINJOBS GROUP have established in terms of compliance. 
  1. Any indication, suspicion or evidence of unethical, discriminatory behavior, contrary to the equality of people and possible workplace and/or sexual harassment
  1. Any suspicious operation, incident or risk regarding “Prevention of Money Laundering and Terrorist Financing”, fraud, corruption or existence of conflicts of interest. 
  1. All other actions or omissions that may be constitutive of criminal or administrative offense serious or very serious or any violation of the rest of the legal system. 
  1. Any questions regarding the regulations. 

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. 

2. Scope of application

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: 

  • MAINJOBS INTERNATIONAL EDUCATIVA Y TECNOLOGICA SA with CIF A92909068 and registered office at Avda. Jorge Luis Borges 15, block 3 1st floor 29010, Málaga, Spain. 
  • INFOCA FORMACIÓN SL, with CIF B92998160 and with registered office at Avda. Jorge Luis Borges 15, block 3 1st floor 29010, Málaga, Spain. 
  • DIDACTIC FOUNDATION XXI, with CIF G93217180 and with address at Avda. Jorge Luis Borges 15, block 3 1st floor 29010, Málaga, Spain. 

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. 

3. Responsible for the internal information system

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. 

4. Management of the internal information system

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 informationIn 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.

5. General Principles of the Internal Information System and defense of the informant

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: 

  • Right to anonymity: The complainant who files a complaint through the Complaints Channel may maintain anonymity regarding his or her identity, guaranteeing it during the process, and it is optional for the complainant to include data that allows his or her identification through the form. complaint enabled. 
  • Right to confidentiality: Both the content of the complaint and the identity of the complainant will be confidential, and may not be revealed without their express consent to any person other than the personnel competent to receive and process the complaints, with the exceptions established in the European Union law or state regulations in the context of investigations carried out by authorities or in the course of judicial proceedings. 
  • Prohibition of reprisals: The complainant will enjoy protection against retaliation, even if the result of the investigation carried out verifies that there has been no breach of the interests of the Union or the applicable regulations, provided that he or she has not acted maliciously. faith. 
  • Right to choose: The complainant may choose the channel of the complaint that he or she considers most appropriate, and may resort to internal or external reporting channels (competent authorities). 
  • Right to receive information: The complainant has the right to be informed of the processing status of his or her complaint as well as the results of the investigations. 
  • Right to limited information: The complainant will not be obliged to provide data that is not strictly necessary to process the complaint and subsequently data that is not strictly necessary for the investigation may not be requested or kept. The information provided may not be used for purposes other than research. In the event that the data is transmitted to a third person to investigate the complaint (for example, a law firm or external auditor), both the complainant and the accused must be previously informed. However, such consent will not be necessary when the transfer is authorized by law. The personal data processed as a result of the submission of a complaint through the FNMT-RCM Complaints Channel will be treated in accordance with the General Regulation on the Protection of Personal Data, Regulation (EU) 2016/679, and Organic Law 3/ 2018, of December 5, on Data Protection and guarantee of digital rights and other related regulations in force. 
  • Right to exercise data protection rights: The complainant will have the right to exercise the rights conferred by personal data protection legislation. 
  • Right to receive a response within a reasonable period: The complainant will receive an acknowledgment of receipt of his or her complaint within a maximum period of seven days from receipt of the same, unless the complainant expressly requests otherwise or the body person in charge of the investigation considers that said accusation may compromise the protection of the identity of the complainant. The period, in relation to data processing and investigation, may not exceed three months in accordance with current regulations. 
  • Right to deletion of data: After three months from the introduction of the data, it must be deleted from the complaints system, unless the purpose is conservation to leave evidence of the operation of the Compliance System model or they are derived from the same judicial processes or investigations by the competent authorities. 

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. 

6. Investigation procedure of the complaints channel

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: 

  • The name and surname, as well as the e-mail of the complainant, will be optional, to safeguard the identity of the complainant, if desired. 
  • Relationship of the complainant with the company (Client, Contractor, Employee, former employee, Supplier, Others). 
  • Person or group as well as company against which the complaint is directed. 
  • Description of the facts through a free field. 
  • Before formalizing the report, a password must be entered and confirmed.

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:

  • Location of the office where the events take place 
  • Description of the irregularity/section of the procedure for which clarification or interpretation is desired 
  • moment in which it occurs 
  • Categorize whether it is punctual or recurring 
  • Identification of the person(s) responsible 
  • Identification of the complainant 
  • Detail how you learned about the irregularity 
  • Documentation attached to the complaint (evidence or indications) 
  • Relevant comments 
  • Evidence or indications: In the case of a complaint, the circumstances of the complaint must be detailed and must be accompanied, to the extent possible, by the evidence or indications that support it, along with the identification of other possible witnesses or workers who may have had knowledge of the facts. 

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:

  • Opening of the investigation procedure: 
  • Assignment of a risk level to each complaint, which may be: LOW, MEDIUM, HIGH or CRITICAL 
  • Record of the date of the complaint and agenda of deadline to resolve 
  • Development of the investigation and collection of evidence or clues 
  • Preparation of a report/record or research actions carried out by the instructor 

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: 

  • Verification of the reported facts: Proposal of corrective measures 
  • Non-verification of the reported facts: File of the matter 
  • In this case, the complainant will be provided with clear and easily accessible information on the external reporting procedures before the competent authorities in accordance with Article 10 of the Whistleblowers Directive and, where appropriate, before the institutions, bodies or agencies of the Union. 
  • Referral of the investigation to another instance: Because it is a crime or because it is up to another institution or company to resolve the matter reported: for this, it may be necessary to request the personal data of the complainant if the person has reported anonymously, or obtain your permission to reveal your identity to the authorities 
7. Disciplinary system 

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. 

8. Criminal action procedure

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. 

9. Data retention and data protection

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 person in charge of the Whistleblowing Channel and whoever manages it directly. 
  • The person responsible for human resources, only when the adoption of disciplinary measures against a worker could proceed. 
  • The person responsible for the legal services of the entity or organization, if the adoption of legal measures is appropriate in relation to the facts reported in the communication. 
  • Those in charge of the treatment that are eventually designated. 
  • The Data Protection Officer. 

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. 

10. Review and update of the protocol

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. 

11. Access to the form to send a complaint

Click on the following button to access the form and send your complaint:


To 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.