The Disciplinary System
Art. 6. General Principles.
No behaviour that is unlawful or that violates the regulations referred to in the Model of Organisation, Management and Control adopted by OMR, the internal procedures which are part of the same Model or this Code, or that is illegitimate or even incorrect, can be justified as or considered to be less if made in the “interest” or to the “advantage” of the Company.
On the other hand, considered OMR’s will, which is unequivocal and free from exceptions, to not avail itself in any way of such “interests” or “advantages”, such will – if realised despite the opposing regulations created by the Society – will constitute one of the specific intervention fields of the current disciplinary system.
The application of disciplinary measures disregards the result of any criminal procedure because the rules of conduct imposed by the Model of Organisation, Management and Control, the internal procedures which are part of the same Model and this Code of Ethics are adopted by the Company in complete autonomy, regardless of any conduct which could be perceived as a crime.
Moreover, the acts or omissions directed to unequivocally breach the rules established by the Company are similarly sanctioned, even if the action is not fulfilled or the event has not been verified.
If charged, the revocation of any powers entrusted to the interested subject may be ordered.
The Supervisory Board must be promptly informed of the disciplinary procedures performed for the infringement of the Model or the Code of Ethics, any sanctions imposed at the end of the procedure or the archiving measures of such procedures with related reasoning.
Art. 7. Sanctions for Employees.
Failure to observe the rules set out in the Model of Organisation, Management and Control adopted by the Company, the internal procedures which are part of the same Model, as well as the infringement of the provisions and principles established in this Code of Ethics by the employees not including executives can, according to the seriousness of the breach and in accordance with the regulations referred to in Article 7 of the Law 300/1970 and the Italian National Collective Labour Agreements (CCNL) in force for the engineering industry – lead to the imposing of the following disciplinary measures:
- • verbal warning;
- • written reprimand;
- • a fine up to the sum of three hours of pay calculated on the minimum wage;
- • suspension from work and pay up to a maximum three days;
- • dismissal with notice;
- • dismissal without notice.
Subject to the above, the following is also specified.
Any deliberate or intentional commission of crimes referred to in Legislative Decree 231/01 or intentional breaching of the laws, regulations and basic duties of the function, post or assigned task, as set out in the Model, the internal procedures included in the Model and the Code of Ethics, will definitely result in the termination of the employment relationship regardless of the economic damage that the aforementioned behaviour may have caused.
All conduct that is intentional, imprudent, negligent or omissive or behaviour which violates that set out in the Model, the internal procedures included in the Model and this Code of Ethics, shall also result in this sanction, in relation to the seriousness of the event, the prejudicial consequences caused (not necessarily only of financial nature) to the Company, any relapse or impact on the company atmosphere or concerning the importance of the violated principles or procedures.
Particular attention will be paid in the event of liability for the lack of control of the related functions of control, vigilance and surveillance by the persons responsible, in general or in particular cases.
Art. 8. Sanctions for senior management.
In the event that a Manager violates either the rules indicated in the Model of Organisation, Management and Control, the internal procedures included in the same Model or the provisions and principles set out in this Code of Ethics the Company shall apply the most appropriate measures pursuant to that provided for by the related CCNL, including the revocation of any functions granted and where possible, the assignment to a different post.
As regards managerial staff, the evaluation of applicable sanctions as well as any request for damage compensation will be carried out taking into account the level of responsibility, intentionality and gravity of the conduct as well as the details of the working relationship characterised by a trust relationship, the lack of a system of conservative sanctions, the high level professionalism and availability for the performance of the company objectives with respect to the principles of law and of all the Company’s internal norms.
Art. 9. Procedures for Administrators and Auditors.
When the rules indicated in the Model of Organisation, Management and Control, internal procedures which are part of the same Model or the provisions and principles set out in the Code of Ethics are violated, it is the responsibility of the Directors or Auditors, the Supervisory Board, the Board of Directors and the Board of Auditors to apply the initiatives deemed most appropriate to the those responsible for the violation in accordance with that proposed by the applicable regulations.
Art. 10. Measures for external parties.
With regard to external collaborators, clients or suppliers who behave in a manner contrary to that proposed by the Model of Organisation, Management and Control and the Code of Ethics, disciplinary measures including therein the resolution of the contractual relationship may be applied in compliance with anything proposed by the specific contractual clauses.
This is without prejudice to any request for compensation if such behaviour causes damage to the Company, as in the application case by the judge of the measures provided for by the Legislative Decree 231/01.
Whenever either a collaborator, client or supplier proposes the contractual clauses which refer to ethical values, OMR can in its turn request the undersigning of the Code of Ethics by the opposing party.