Annex I \u2014 Anti-Retaliation Protocol<\/strong><\/p>

9. Annex I \u2014 Anti-Retaliation Protocol<\/strong><\/p>

Purpose<\/strong><\/p>

The main purpose of this Anti-Retaliation Protocol (hereinafter, the “Protocol”) is to protect whistleblowers who submit a report or query through the channels comprising PROASUR’s Internal Information System, against possible retaliation, including threats of retaliation and attempted retaliation. The Protocol also aims to establish a protection framework capable of effectively addressing risk situations and protecting those who report in good faith from such retaliation.<\/p>

Scope of application<\/strong><\/p>

This Protocol applies to all persons subject to PROASUR’s Internal Information System Policy.<\/p>

In addition, the protective measures set out in this Protocol will also apply:<\/p>

• If the whistleblower is a PROASUR employee, to persons within the company who assist in the process of submitting, handling and investigating the report<\/li>
• To individuals connected to the whistleblower who may suffer retaliation, such as colleagues or family members (ascendants and descendants, spouses or common-law partners, and siblings)<\/li>
• To legal entities for which the whistleblower works, with which they maintain any other type of relationship in a professional context, or in which they hold a significant interest<\/li><\/ul>

  Concept of retaliation<\/strong><\/p>

  For the purposes of this Protocol, “retaliation” means any act or omission that is prohibited by law, or that, directly or indirectly, involves unfavourable treatment placing those who suffer it at a particular disadvantage compared to others in a work or professional context, solely because of their status as whistleblowers, provided that such acts or omissions occur during the course of the investigation procedure or within the two years following its conclusion. This does not apply where such action or omission can be objectively justified on the grounds of a legitimate aim, and where the means of achieving that aim are necessary and appropriate.<\/p>

  The following will be considered forms of retaliation, among others:<\/p>

  • Suspension of the employment contract, dismissal or termination of employment, including the non-renewal or early termination of a temporary contract, imposition of any disciplinary measure, demotion or denial of promotion, and any other substantial change to working conditions<\/li>
  • Damage, including reputational damage, or financial loss, coercion, intimidation, harassment or ostracism<\/li>
  • Negative performance evaluation or references<\/li>
  • Blacklisting or the dissemination of information that hinders or prevents access to employment<\/li>
  • Cancellation of a licence or permit<\/li>
  • Denial of training<\/li>
  • Discrimination, or unfavourable or unfair treatment<\/li>
  • Unjustified changes of workplace or relocation<\/li>
  • Detrimental changes to job duties and responsibilities<\/li>
  • Failure to hire the whistleblowing candidate<\/li><\/ul>

    Protective measures against retaliation<\/strong><\/p>

    Conditions for protection<\/em><\/p>

    The protection regime set out in this Protocol will apply provided that the following conditions are met:<\/p>

    • The communication or report has been submitted in accordance with the requirements set out in the Internal Information System Procedure<\/li>
    • The whistleblower has reasonable grounds to believe that the reported information is accurate at the time the report is submitted, even if unable to provide conclusive evidence<\/li><\/ul>

      The following are expressly excluded from protection:<\/p>

      • Information that is already fully available to the public<\/li>
      • Reports that are ruled inadmissible under the Procedure<\/li>
      • Information relating to interpersonal conflicts affecting only the whistleblower and the person reported<\/li>
      • Mere rumours<\/li>
      • Information relating to breaches not covered by the objective scope of the Whistleblowing Channel<\/li><\/ul>

        Retaliation risk assessment<\/em><\/p>

        When a communication is received, the System Officers will assess the risk of possible retaliation against the whistleblower and other parties involved, considering criteria such as: the likelihood of guaranteeing the confidentiality of their identity; who else has knowledge of the report; whether the nature of the information reveals the whistleblower’s identity; whether threats or retaliation have already occurred; and the whistleblower’s relationship with the person reported.<\/p>

        Based on this assessment, strategies and actions will be implemented to prevent retaliation, tailored to the specific case (strengthening identity protection, maintaining ongoing dialogue with the whistleblower, reminding those reported of the prohibition on retaliation, adopting precautionary measures with the support of Human Resources, etc.). This assessment will be reviewed throughout the various phases of the process.<\/p>

        Protective measures<\/em><\/p>

        To protect whistleblowers, appropriate protective measures will be applied, including:<\/p>

        • Anonymity and confidentiality:<\/strong> the whistleblower may, at their own discretion, identify themselves or submit their report anonymously. As an additional safeguard, PROASUR confirms that the identifying data of those who choose to identify themselves falls outside the scope of the right of access that the reported person may exercise; as a general rule, the reported person will therefore not know the whistleblower’s identity. All persons who, by virtue of their duties, become aware of such communications are bound by professional secrecy regarding this identity, the breach of which constitutes a very serious offence.<\/li>
        • Regular monitoring:<\/strong> the System Officers will periodically monitor the whistleblower’s working conditions through regular meetings, during the processing of the report and, in particular, after it is closed, to verify that no retaliation has occurred. Temporary or permanent protective measures may be considered (change of location, department, supervisor, etc.).<\/li>
        • Where retaliation is confirmed to have taken place, in addition to appropriate disciplinary measures against those responsible, the whistleblower will be restored to their previous situation (position, salary, responsibilities, denied access to promotion\/training, an offer of apology, compensation for damages, etc.).<\/li>
        • Third parties external to PROASUR:<\/strong> where applicable, monitoring will be carried out of the commercial relationship with the business partner who made the report, to ensure the absence of retaliation such as early contract termination.<\/li><\/ul>

          Any person within the scope of this Protocol who suffers retaliation, threats or attempted retaliation is entitled to seek protection from the competent authority, in addition to protection from PROASUR.<\/p>

          Support measures<\/strong><\/p>

          Although Law 2\/2023 only obliges the Independent Whistleblower Protection Authority (A.A.I.) to provide support measures, PROASUR will endeavour to facilitate, as far as possible and depending on the circumstances of each report:<\/p>

          • Information on the procedures and resources available for protection against retaliation, as well as on external reporting channels<\/li>
          • Psychological and\/or financial support<\/li>
          • Legal assistance in judicial proceedings that may affect the whistleblower<\/li><\/ul>

            These measures will respond to the circumstances of each case, and additional measures may be applied to ensure swift and effective protection.<\/p>

            Protection periods<\/strong><\/p>

            Any person within the scope of this Protocol who suffers retaliation, threats or attempted retaliation is entitled to seek protection within a period of two years. The whistleblower will be monitored for at least the same period, unless the circumstances require a longer period.<\/p>

            Breaches of the Protocol<\/strong><\/p>

            Anyone who suffers retaliation, or suspects or is aware of retaliation being taken against another person, must immediately inform the System Officers through the Whistleblowing Channel, so that the case can be assessed and appropriate measures adopted to prevent or remedy it, without prejudice to any other disciplinary or legal action that may be applicable.<\/p>

            If retaliation is confirmed to have taken place, those responsible will be investigated and, where appropriate, subject to disciplinary sanctions in accordance with established procedures, or such other legal action as may be applicable will be taken.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

            Content of the Whistleblowing Channel Compliance Policy Internal Information System Policy COMPLIANCE AND CRIMINAL RISK PREVENTION MODEL PROA SUR S.L. INTERNAL INFORMATION SYSTEM POLICY 1. Introduction In accordance with the principles and values of PROA SUR S.L. (hereinafter, PROASUR), each and every person who works for the Group or acts on its behalf must behave […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-16946","page","type-page","status-publish","hentry"],"yoast_head":"\n