COMPLAINTS CHANNEL

COMPLAINTS CHANNEL

 

Law No. 93/2021, of December 20, in force as of June 18, 2022, establishes the general regime for the protection of whistleblowers, transposing Directive (EU) 2019/1937 of he European Parliament and of the Council of October 23, 2019 on the protection of people who report breaches of Union law - Whistleblowing Law.

This channel should not be used to submit complaints that are not within the scope of the Law referred here, so we advise you to read it entirety (Law no. 93/2021, of December 20) before submitting your complaint.

 

 What can be reported?

• Any act or omission that is contrary to the norms contained in national or community legislation regarding: (i) public procurement, (ii) financial services, products and markets, and prevention of money laundering and terrorist financing, (iii) product safety and compliance, (iv) transport safety, (v) environmental protection, (vi) radiation protection and nuclear safety, (vii) food and feed safety, animal health and animal welfare, (viii) public health, (ix) consumer protection, (x) protection of privacy and personal data, and network and information systems security.

• Any act or omission contrary to and detrimental to the financial interests of the European Union referred to in Article 325 of the Treaty on the Functioning of the European Union;

• Any act or omission contrary to the rules of the internal market as referred to in Article 26(2) of the Treaty on the Functioning of the European Union;

• Violent crime , especially violent and highly organized crime, as well as the crimes foreseen in article 1, no. 1 of Law no. 5/2002, of January 11, which establishes measures to fight organized and economic-financial crime.

• It may be an infraction that has been committed, is in the process of being committed, or can be reasonably foreseen to have been committed, as well as attempts to conceal such infractions.

The complaint should include information about dates, and identification of the people as well as the entities involved. It should also be supported, if possible, with documentation.

Depending on the content of each complaint, additional elements and information may be requested in order to obtain a clear and complete understanding of the situation exposed.

 

Who can report?

Any individual who comes across information regarding violations that he/she has obtained in the course of his/her professional activity, including (i) employees, (ii) service providers, contractors, subcontractors and suppliers (or any persons under their supervision), (iii) owners of shareholdings and members of statutory bodies, (iv) volunteers and interns, and (v) former employees and job applicants.

Reporters are guaranteed the confidentiality of their identity or anonymity at all times or until such time as this information is required to safeguard the rights of defense of those affected by the complaint, within the scope of the investigations to which it gives rise or subsequent judicial proceedings.

It is also possible to request confidential advice to reflect on whether to file a complaint.

All complaints must be made in good faith and on reasonable grounds.

Acts of retaliation against the reporting party are prohibited.

 

How to file a complaint?

To file a complaint or ask for confidential advice to consider filing a complaint, you must send your communication to:

 

BY MAIL:                                                               

Salemo & Merca, Lda                                                      

A/C: Complaints Channel

Estrada Municipal 533, Biscaia - Algeruz

2950 – 051 Palmela

 

BY E-MAIL:

denuncia@salemoemerca.pt

 

What deadlines should be considered?

Within 7 days you will receive notification of the acknowledgement of receipt of the complaint;

Within a maximum of 3 months - communication to the complainant of the measures planned or taken to follow up on the complaint and the respective grounds, as from the date of receipt of the complaint;

Within 15 days of its conclusion - in the case where the complainant has requested (which they may do at any time), communication of the result of the analysis carried out.

The record of the complaints received will be kept for at least 5 years and, notwithstanding this, during the pendency of any legal or administrative proceedings relating to the complaint