Rev. 00 - 30-09-2024
This company code (hereinafter, the "Code") is the reference document for the implementation of the rules that govern work in the company as well as the rules that subordinate workers (hereinafter, the "Employees") of Sitra S.p.A. Masterbatch (hereinafter, the "Employer" or also the "Company") must respect in carrying out their work; said Code of Ethics and Conduct is the set of values, principles, lines of behavior that must be adopted not only by employees, collaborators, as well as suppliers, and, more generally, by all third parties who enter into a relationship with the company in the context of their work activity and by all those who directly, or indirectly, permanently or temporarily establish relationships or operate in the interest of the same. In carrying out their activities and managing relationships with external parties, everyone must adhere to the utmost diligence, honesty, loyalty and professional rigor, in scrupulous observance of the laws, procedures, company regulations and in compliance with the Code of Ethics and Conduct, avoiding in any way any situation of conflict of interest, as well as avoiding submitting their specific activities to purposes or logics different from those established by the company itself. The Code is the main and primary source of internal regulation and discipline and can be integrated or modified by provisions referred to in other sources connected to it (e.g. specific regulations for production units or departments/offices, Privacy policy, Whistleblowing policy, the Model). Employees are required to comply with all obligations incumbent on them pursuant to the applicable and current legislation, including, by way of example and not limited to, the following: ex Legislative Decree 231/01 and specific procedures relating to health and safety in the workplace, etc.). The Code, or only some parts thereof, may also be applicable to persons other than Employees (e.g. self-employed workers, interns and/or trainees, suppliers, customers and visitors, etc.), where possible and/or necessary. For anything not governed by the Code, related sources or any specific regulations, please refer to the provisions of the law and the National Collective Labour Agreement for Rubber and Plastic – Industrial Companies (hereinafter, the "CCNL").
Employees are required to comply with all obligations incumbent upon them under applicable and current legislation, including, but not limited to, the following:
i. art. 2104 c.c. – Diligence of the employee; ii. art. 2105 c.c. – Duty of loyalty; iii. arts. 3 et seq. Legislative Decree 66/2003 – Principles regarding the organization of working hours; iv. art. 20 Legislative Decree 81/2008 – Obligations regarding safety; v. art. 52 Consolidated Law 30 June 1965 n. 1124 – Obligations of the worker in the event of an accident at work or occupational disease; vi. art. 51 Law 3/2003 – Annex 1 and Prime Ministerial Decree 23.12.2003 – Smoking ban in the workplace; vii. Legislative Decree 231/01 – Regulation of administrative liability.
Employees are required to observe all obligations incumbent upon them under the CCNL – Part II, the provisions of which are summarised in the annex to this Code (Annex A).
The Supervisory Body is responsible for complete compliance and interpretation of the Code of Ethics and Conduct. Staff may report any requests for clarification or possible non-compliance with the Code to their direct managers or to the Supervisory Body. All requests will be responded to promptly without there being any risk, for the person who made the report, of suffering any form of retaliation, even indirect. In compliance with the Organization, Management and Control Model adopted by the Company pursuant to Legislative Decree 231/2001, Employees are required to perform their work duties without committing crimes or engaging in conduct that exposes the Company to liability pursuant to the aforementioned decree. The following is a list, by way of example, of a set of violations of the Model that have disciplinary relevance:
a) the violation, including through omissions and possibly in conjunction with others, of the principles of the Model and the Code of Ethics and of the procedures for implementing the Model;
b) the drafting, possibly in conjunction with others, of untruthful documentation;
c) facilitating, through omission, the drafting by others of untruthful documentation;
d) the theft, destruction or alteration of documentation to evade the system of controls provided for by the Model;
e) obstruction of the supervisory activity of the Supervisory Body;
f) impediment of access to information and documentation requested by the persons responsible for monitoring procedures and decisions;
g) the implementation of any other conduct capable of evading the control system provided for by the Model.
Based on the above, each collaborator has the obligation to: – represent with his/her behavior an example for his/her colleagues (employees and non-employees, internal and external);
– promote compliance with the rules of the Code of Ethics and Conduct;
– work to ensure that colleagues and collaborators understand that compliance with the rules of the Code of Ethics and Conduct is an essential part of their work;
Collaborators are required to behave ethically and lawfully in their relationships with third parties, based on maximum transparency, clarity, correctness, efficiency and fairness. In this context, the company invites all collaborators to report to the Supervisory Body or to their company representatives any situation in their relationships with third parties that is potentially at risk in terms of the commission of crimes. In commercial or promotional relationships, illegal and collusive practices and behaviors, illicit payments, attempts at corruption and favoritism are prohibited.
In its relations with suppliers, the company is inspired by the principles of fairness and good faith as well as compliance with the rules on competition and the market. Collaborators must avoid any situation of conflict of interest, even potential, with regard to suppliers by reporting the existence or occurrence of such situations to their contact person or to the Supervisory Body.
A. Ethical conduct
Collaborators are required to carry out their duties responsibly, honestly, diligently, in accordance with their company policies, procedures and established directives. The ethical values described in this Code must constitute a constant and systematic duty of the operational conduct of each collaborator of the company.
B. General Principles
The company intends to base its relationships with its stakeholders on the utmost trust and loyalty. The company adheres to the highest ethical standards in conducting its activities. È quindi doveroso che ciascuno eviti situazioni di conflitti di interesse o altre situazioni che possano essere dannose o disdicevoli per la stessa.
In compliance with the procedures adopted by the Company pursuant to Legislative Decree 24/2023, Employees:
a) must refrain from taking retaliatory or discriminatory actions against the reporting person;
b) must refrain from making reports containing false information, reported intentionally with malice or negligence;
c) must refrain from making reports that are contrary to the procedures adopted by the Company, such as manifestly opportunistic reports and/or reports made for the sole purpose of harming others, and any other hypothesis of improper use or intentional exploitation of the right to make the report.
The Employee who holds the role of person in charge of managing the internal reporting channel that receives the report is required to:
a) comply with and fully implement the procedure adopted by the Company for the management of the reporting channel as well as Legislative Decree 24/2023;
b) treat all information and data, on any medium received and stored, with the utmost confidentiality and not to use, communicate or disclose it outside of what is provided for in this procedure and in Legislative Decree 24/2023;
c) comply with all provisions relating to data confidentiality and/or any further instructions given in writing by the Company;
d) attend training courses required by law and/or indicated by the Company;
e) manage the register of reports, according to the methods agreed with the Company;
f) not use the reports beyond what is necessary to adequately follow up on them;
g) not to reveal, without the express consent of the reporting person, the identity of the reporting person and any other information from which such identity may be deduced, directly or indirectly, to persons other than those competent to receive or follow up on the reports, expressly authorised to process such data pursuant to the legislation on the protection of personal data;
h) not to reveal the identity of the whistleblower in the context of the disciplinary proceedings, where the challenge of the disciplinary charge is based on investigations that are separate and additional to the report, even if consequent to the same; where the disciplinary challenge is based, in whole or in part, on the report and knowledge of the identity of the whistleblower is essential for the defense of the accused, the report may be used for the purposes of the disciplinary proceedings only in the presence of the express consent of the whistleblower to the disclosure of his or her identity;
i) retain the reports and related documentation for the time necessary to process the report and in any case no longer than five years from the date of communication of the final outcome of the reporting procedure, in compliance with the confidentiality obligations set out in the procedures adopted by the Company and in the legislation on the protection of personal data;
j) notify the whistleblower by written communication of the reasons for disclosing confidential data, when disclosing the identity of the whistleblower and the information is also essential for the purposes of defending the person involved.
Employees must perform the due service with the diligence required by the nature of the service itself and by the interest of the Company, respecting the provisions of the law, of the CCNL, of this Code as well as the instructions given by the Employer. Relations between Employees, at all levels of responsibility in the company organization, must be based on principles of good faith and mutual correctness. In harmony with the dignity of the worker, the Employer will base relationships with the Employee on the principles of collaboration and civility.
The Employee is required to:
– use courteous and respectful manners with the public and with the Company's customers and conduct yourself in accordance with civic duties; – mantenere nei confronti del pubblico e dei suoi colleghi un atteggiamento rispettoso che proietti verso l’esterno un’immagine d’alta professionalità, competenza ed educazione; – wear personal clothing that is appropriate for the workplace and the performance of work activities, for personal safety and that of other colleagues; – do not smoke (including electronic cigarettes) in the processing rooms and warehouses, and in all areas where such an infringement could cause serious accidents to people or things; observe the ban on smoking in enclosed spaces. Smoking is therefore permitted only in the dedicated outdoor area; – use the external areas designated for parking appropriately, not occupying the areas reserved for customers; – do not drink alcoholic beverages during working hours; – strictly adhere to the regulations regarding the correct management of waste from processing and separate collection of waste similar to urban waste; – do not consume meals outside the canteen area, unless otherwise indicated by the Company;7– during and/or at the end of work activities, ensure, for their area of expertise, that all lights and air conditioners are turned off and that the workstation is left tidy.
The Employee is required to ensure the contractually defined work performance, must be at his/her workstation at the time scheduled for the start of the work performance and is required to ensure punctuality and presence at the workstation for the entire duration of the working day, except as provided for in the matter of breaks. It is not permitted to cease work activity before the time set for the end of one's work performance. All changes in schedule must be authorized in advance by the Employer.
Access to the Company is permitted only after the company premises have been opened by personnel authorised to do so. The Employee is required to enter and exit the Employer's premises by stamping the badge: a) personally; b) at each entry and exit.
The Employee is required to clock in at the exact start and end time of the shift and to regularly record, through the use of the badge, all entries and exits of the day, including the lunch break. The badge is a company asset entrusted to the Employee and is considered to all intents and purposes as an individual identification document, it is not transferable to third parties and must be visible. In the event of loss, forgetfulness or malfunction of the badge, the Employee is required to promptly report it to the Employer and take steps to request a replacement badge. After registering attendance, during working hours, the Employee is not allowed to leave the work premises, unless authorized by the Employer. Delays are not permitted unless for proven reasons that must be promptly communicated to the Administration and, in any case, with 1 hour's notice, where possible, to allow for the organization of the work activity.
In addition to the provisions of art. 16 of the CCNL, holidays, other than collective holidays coinciding with the company closure period (unless otherwise indicated by the Company), must be planned and agreed with the Employer in order to ensure the correct continuation of company activities. The Employee is not permitted to take holidays and permits unilaterally. Holidays and permits lasting the entire working day must be requested by the Employee from the Employer, with at least three days' notice, by completing and delivering the "Permit Sheet and Ferie” e da quest’ultimo espressamente autorizzate in forma scritta. Le assenze, per motivi diversi da quelle per malattia o infortunio, devono essere comunicate dal dipendente prima dell’inizio del normale orario lavorativo e giustificate al più tardi entro il giorno successivo a quello dell’inizio dell’assenza stessa, salvo il caso di impedimento giustificato. L’assenza per malattia o per infortunio deve essere comunicata dal lavoratore all’azienda prima dell’inizio del normale orario lavorativo, salvo i casi di comprovato e grave impedimento. Durante le ore di lavoro il Dipendente non può lasciare la sede di lavoro senza regolare autorizzazione del Datore. I permessi orari devono essere richiesti dal Dipendente al Datore, con un preavviso di un giorno, mediante compilazione e consegna del “Foglio Permessi e Ferie” and expressly authorised by the latter in written form.
Il Dipendente è tenuto a prendersi cura della propria sicurezza e della propria salute e di quella delle altre persone presenti sul luogo di lavoro su cui possono ricadere gli effetti delle sue azioni e/o omissioni conformemente alla formazione, alle istruzioni, ai mezzi forniti dal Datore. In tale contesto di responsabilità e ruolo attivo ai fini della prevenzione, il Dipendente deve: ● osservare le basilari regole di igiene e cura personale (anche tenuto conto dell’esperienza pandemica) con particolare riferimento al manifestarsi di sintomi influenzali di sospetta natura virale; ● mantenere pulito il proprio ufficio e la postazione di lavoro; ● osservare le disposizioni e le istruzioni impartite dal Datore e dai soggetti preposti relativamente alla protezione collettiva e individuale della salute e della sicurezza sui luoghi di lavoro; ● utilizzare correttamente i macchinari, le apparecchiature, gli utensili, le sostanze ed i preparati pericolosi, i mezzi di trasporto e le altre attrezzature di lavoro; ● assicurarsi di attivare i dispositivi di sicurezza delle macchine e controllare che esse siano nello stato di efficienza; in caso di inefficienza dei sistemi di sicurezza devono prontamente avvisare il Datore per le azioni del caso; ● indossare sempre gli abiti da lavoro, gli indumenti protettivi ed i DPI dati in dotazione curandone la conservazione e la pulizia; ● segnalare immediatamente al Datore e agli altri soggetti preposti alla prevenzione le deficienze dei mezzi e dispositivi di protezione e prevenzione nonché le altre condizioni di pericolo cui il lavoratore sia a conoscenza, adoperandosi direttamente, in caso di urgenza, nell’ambito delle sue competenze e possibilità, per eliminare o ridurre tali deficienze o pericoli, dandone notizia al Rappresentante dei Lavoratori per la Sicurezza; ● non rimuovere o modificare senza autorizzazione i dispositivi di sicurezza o di segnalazione o di controllo; ● non compiere, di propria iniziativa, operazioni o manovre che non sono di loro competenza, ovvero che possono compromettere la sicurezza propria o di altri lavoratori; ● sottoporsi ai controlli sanitari previsti nei loro confronti dalle prescrizioni del medico competente secondo la normativa in vigore.
The Employee undertakes, both during the employment relationship and after its termination, in the absence of written authorization from the Company, to: – not to disseminate or communicate to anyone any Confidential Information (as defined below) relating to the services, products, methods, patents, certifications and reports of the Company or any other information of which he/she becomes aware in the performance of the employment contract, and to use all care and caution to ensure that this does not happen; – not to use or attempt to use such Confidential Information in any way that could harm or cause, directly or indirectly, actual or potential harm to the Company or its business; – not to copy or reproduce in any form, documentary or digital, or through any means or on any means or device Confidential Information. All documents that contain or refer to Confidential Information that are in the possession or under the control of the Employee, are and will remain for all time the absolute property of the Company and the Employee undertakes, during and after work, to: – exercise care and diligence to prevent the unauthorized publication, leakage or use of the Confidential Information and any document containing or relating to it; – deliver all Confidential Information to the Company (including all copies of all documents produced and obtained legitimately or not) and delete it from any reusable medium. Confidential Information means, by way of example: – any information relating to the conditions, costs and prices of the products and services offered by the Company; – all documents, information in any format, tangible or intangible, which are not known to the public and which are related to the services, internal procedures, organization, management, future plans, personnel organization and personal documents of the Company, the economic activity, practices, products, marketing, sales, services, finance or legal affairs of the Company or to any third party who carries out an economic activity with the Company or who provides it with information about current or future investors and economic partners; – non-public information relating to workers, employees and managers, including information on their remuneration and notice periods, as well as contact information, job descriptions; – information relating to business, sales, marketing, techniques, legal and financial plans, proposals and projects, procedures, methods, systems, software, research, experimental work and work in progress.
All documents, information, press releases, prepared or received by the Employee in the course of his employment are the property of the Company. The Employee may not make or retain any copy or summary or other summary of all or part of the above documents and information, except when requested to do so in the course of his employment, in which case the copy or summary or other summary shall belong to the Company and must be returned to the Company.
The restrictions set out in the preceding clauses:
– do not prevent the Employee from disclosing any Confidential Information that must be disclosed pursuant to an obligation arising from the law or pursuant to an order of a judge or a public administration; the Employee must, unless otherwise provided by law, previously disclose in writing to the Company the needs and the information to be communicated in order to give the Company the opportunity to assess the existence of the needs before the communication is provided;
– do not apply to Confidential Information that is or becomes public knowledge by means other than unauthorized disclosure by the Employee or any other person who is bound to the Company by an obligation of confidentiality in relation to the information disclosed. The Employee is also prohibited, without prior authorization from the Company, from releasing interviews, statements, opinions and views to any source of information including social media (Facebook, Twitter, Instagram and similar), relating to the activity carried out within the scope of the employment relationship and to the people who collaborate, in any capacity, with the Company.
L’utilizzo dei beni aziendali forniti dalla Società al Dipendente deve avvenire esclusivamente per l’assolvimento delle mansioni lavorative: non sono ammessi l’appropriazione e l’uso per scopi personali.11Il Dipendente è responsabile dei danni che cagiona intenzionalmente o per negligenza. Le azioni od omissioni che danneggiano l’immagine aziendale potranno essere oggetto di contestazione disciplinare.
The use by Employees of company tools (for example, computers, telephones, fax machines) as well as the Internet and company e-mail is permitted only and exclusively for reasons related to work performance and their use for personal reasons is therefore prohibited.
The Employee is required, in the exchange of correspondence, both internal and external to the Company's customers and suppliers, to use exclusively the company email account and to clearly identify himself by adding his signature at the bottom and must not limit himself to leaving only the reference to the office/department to which he belongs.
Violation of the obligations set forth in the Code entails the application of the following disciplinary sanctions pursuant to art. 7 L. 300/70 and the CCNL applied by the Company, in proportion to the seriousness and/or recidivism of the violation committed.
1. Disciplinary violations of the provisions of this Agreement may be punished, depending on the seriousness of the violations, with the following measures:
a) verbal warning;
b) written warning;
c) fine up to 3 hours' pay;
d) suspension from work for up to 3 days.
2. (...)
3. The company cannot take disciplinary action against the worker without first having notified him of the charge and without having heard his defence.
4. The worker may be assisted by a representative of the Trade Union to which he belongs or to which he gives a mandate.
5. In any case, disciplinary measures more serious than a verbal warning cannot be applied before 5 days have passed from the written notification of the fact that gave rise to the warning: during this period the worker will be able to present his justifications.
6. If the provision is not issued within ten days of the worker's submission of the justifications, the justifications themselves will be considered accepted, unless during this period the company has come into possession of all the elements of judgment and has informed the worker of this circumstance in writing within the aforementioned deadline.
7. Disciplinary sanctions shall not be taken into account for any purpose after two years from their application.
1. The worker incurs the fine and suspension provision:
a) who fails to report to work as required by Article 50 or abandons his/her workplace without a valid reason;
b) who delays the start of work or suspends it, or anticipates its termination without giving prior notice to the direct superior or without a justified reason;
c) that he negligently carries out the work entrusted to him;
d) that contravenes the smoking ban, expressly indicated by a specific sign, where technical and safety reasons recommend such a ban;
e) who constructs, within the company's workshops, objects for his own use, with slight damage to the company itself;
f) who, through carelessness, causes minor damage or minor waste of company material; who does not immediately inform his direct superiors of any machinery failures or any irregularities in the progress of work;
g) who carries out irregular writing or stamping of cards or other alteration of the company control or attendance systems;
h) who in any way violates the provisions of this contract, of the internal regulations or who commits offences which are prejudicial to discipline, morality or hygiene;
i) that he is clearly intoxicated.
2. The fine will be applied for minor offences; suspension for major ones.
3. The amount of the fines, not constituting compensation for damages, is devolved to existing company welfare and social security institutions or, in the absence of these, to INPS
1. Dismissal with immediate termination of the employment relationship may be inflicted, with the loss of the notice indemnity, on an employee who commits serious infringements of discipline or diligence at work or who causes serious moral or material harm to the company, or who commits criminal acts in connection with the performance of the employment relationship.
2. By way of example, the following infringements fall under this provision:
a) unjustified absences lasting more than 5 consecutive days or repeated absences five times in a year on the days following public holidays or holidays;b) repeated violation of the smoking ban referred to in point d. of art. 53, provided that the violation does not constitute grossly negligent harm to the occurrence of accidents; c) failure to comply with the smoking ban when such violation is grossly negligent because it is likely to cause accidents to people, systems, or materials; d) conviction to a custodial sentence imposed on the worker, with a final judgment, also pronounced pursuant to art. 444 of the Code of Criminal Procedure, for an action committed not in connection with the performance of the employment relationship; e) abandonment of the workplace that involves harm to the safety of people and the safety of systems, or in any case carrying out actions that involve the same harm; f) serious damage caused by negligence to company material; g) theft or voluntary damage to company material; h) theft of cards, machine drawings, tools or in any case illustrative material of patents and manufacturing processes; i) litigious argument, followed by violence, which occurred within the premises of the plant and which causes serious disruption to company life; l) construction, within the company workshops, of projects for personal use or on behalf of third parties, with damage to the company itself; m) repeat offences referred to in point f) of art. 53; n) neglect of the fulfilment of contractual obligations and internal regulations, when disciplinary measures referred to in art. 53 have already been imposed; o) disciplinary offences which may be configured within the terms set out in paragraph 1 of this article.
This Code completely replaces the company rules issued on the subject and which are in conflict with it; for anything not covered by this Code, the legislative and contractual rules apply. The Code (and any subsequent amendments) is effective from its posting in the areas of the Company designated for this purpose by the Employer, in accordance with the law. Furthermore, a copy of this Code remains available for consultation at the Management office. The Code has no time limits of validity. If necessary, the Employer reserves the right to make changes in the event, including but not limited to, of needs relating to organizational and/or production changes or for any other lawful and legitimate reason of the Employer and/or law.
The office dedicated to providing clarifications, interpretations or explanations relating to the Code or deriving from it is the Management.
Production plant, Roccasecca, 09.30.2024
For Sitra S.p.A. Masterbatch
The Sole Director
______________________
ANNEX A – OBLIGATIONS OF SOURCE CONTRACTUAL (CCNL RUBBER AND PLASTIC)