Code of Conduct

This policy has been drawn up by the management of Parts Express with the aim of improving the reporting options for employees who wish to report a suspected wrongdoing within Parts Express and to protect employees.

Article 1: Definitions

In this policy, the following definitions apply:

Suspected wrongdoing: the suspicion of an employee who works or has worked within Parts Express, or who works for another organization but has come into contact with Parts Express through his or her activities, that a wrongdoing has occurred, insofar as:
the suspicion is based on reasonable grounds arising from knowledge obtained by the employee at Parts Express or from knowledge acquired through work at another company or organization; and

the public interest is at stake in the event of:

a (threatened) danger to public health;
a (threatened) danger to the safety of persons;
a (threatened) danger to the environment;
a (threatened) danger to the proper functioning of the organization as a result of improper actions or omissions;
a (threatened) violation of rules other than statutory provisions;
a (threatened) waste of public funds;
the (threatened) deliberate concealment, destruction, or manipulation of information relating to the above facts.
Suspected irregularity: a suspicion, based on reasonable grounds, of an imperfection or injustice of a general, operational, or financial nature that occurs under the responsibility of the organization and is of such seriousness that it falls outside regular work processes and exceeds the responsibility of the immediate supervisor.
Employee: a person who performs or has performed work under an employment contract, or who performs or has performed work otherwise than under an employment contract.
External confidential advisor: the person appointed to act as whistleblowing officer for the organization.
Senior management: the person responsible for the daily management of the employer’s organization at the relevant branch or location. This may be a Network Manager or a Branch Manager.
Management Board: the executive management.
Contact person: the person appointed by senior management, after receipt of the report and in consultation with the reporter, to act as contact person with a view to preventing disadvantage or bullying.
Investigators: the persons appointed by senior management to investigate the alleged wrongdoing. These persons are appointed on a case-by-case basis.
External authority: the authority that, in the reasonable opinion of the reporter, is most appropriate for receiving an external report of the suspected wrongdoing.

In this policy, references to the masculine form shall also include the feminine form.

Article 2: Information, advice, and support for employees

An employee may consult the external confidential advisor regarding a suspected wrongdoing. The external confidential advisor is appointed by the management of Parts Express as whistleblowing officer. By virtue of this role, the advisor is bound by a duty of confidentiality and may be consulted in confidence by employees regarding suspected wrongdoing.

The employee may also request information, advice, and support from the advisory department of the House for Whistleblowers regarding a suspected wrongdoing.

Article 3: Internal reporting by an employee of the employer

An employee may report a suspected wrongdoing or irregularity within Parts Express to the external confidential advisor. In consultation with the employee, the external confidential advisor forwards the report to the senior management of the branch to which the report relates.

In consultation with the external confidential advisor, the employee may choose to disclose his or her identity as reporter to senior management. The employee may also choose to submit the report via the external confidential advisor, so that only the confidential advisor knows the identity of the reporter.

Article 4: Internal reporting by an employee of another organization

An employee of another organization who, through his or her activities, has come into contact with Parts Express and suspects wrongdoing within Parts Express may also report this to the external confidential advisor. In consultation with the employee of the other organization, the advisor forwards the report to the senior management of the relevant branch.

The employee of the other organization may choose, in consultation with the external confidential advisor, to disclose his or her identity to senior management or to submit the report anonymously via the confidential advisor.

Article 5: Protection of the reporter against disadvantage and bullying

Parts Express shall not disadvantage or bully the reporter as a result of reporting, in good faith and properly, a suspected wrongdoing or irregularity. Disadvantage includes dismissal other than at the employee’s own request, interim termination or non-renewal of a temporary employment contract, or the imposition of disciplinary measures.

Article 6: Preventing disadvantage and bullying of the reporter

The external confidential advisor immediately discusses with the reporter what risks of disadvantage or bullying exist, how these risks can be reduced, and what the employee can do if he or she believes that disadvantage or bullying has occurred.

Senior management of the branch ensures that the measures necessary to prevent disadvantage are taken.

Article 7: Protection of other involved parties against disadvantage and bullying

Parts Express shall not disadvantage or bully the external confidential advisor or contact persons for performing the duties described in this policy.

Parts Express shall not disadvantage or bully an employee who is heard by investigators for providing a statement in good faith.

Parts Express shall not disadvantage or bully an employee for providing investigators with documents that, in the employee’s reasonable opinion, are relevant.

Article 8: Confidential handling of the report and the reporter’s identity

Parts Express ensures that information regarding the report is stored in such a way that it is physically and digitally accessible only to those involved in handling the report.

All persons involved in handling a report shall not disclose the identity of the reporter without the reporter’s explicit written consent and shall treat all information confidentially.

If a suspected wrongdoing or irregularity is reported via the external confidential advisor and the reporter has not given consent to disclose his or her identity, all correspondence relating to the report shall be sent to the external confidential advisor, who will forward it to the reporter without delay.

Article 9: Recording, forwarding, and acknowledgment of receipt of an internal report

If an employee submits a report orally via the external confidential advisor, or submits a written report accompanied by an oral explanation, the external confidential advisor, together with and in consultation with the reporter, ensures that the report is recorded in writing and submitted to the reporter for approval and signature. The reporter receives a copy.

The external confidential advisor forwards the report without delay to senior management of the relevant branch and informs the management board. The management board may, if desired, issue an instruction to initiate an investigation.

If the recipient of the report reasonably suspects that senior management is involved in the alleged wrongdoing or irregularity, the report shall be forwarded directly to the management board. In that case, references in this policy to “senior management” shall be read as “management board.”

Article 10: Handling of the internal report by the employer

Senior management initiates an investigation into the reported suspected wrongdoing or irregularity unless the suspicion is not based on reasonable grounds or it is evident in advance that the report does not concern a suspected wrongdoing or irregularity.

If senior management decides not to initiate an investigation, the reporter shall be informed in writing—principally within two weeks of the internal report—stating the reasons for this decision.

Senior management assesses whether an external authority should be informed of the internal report. If an external authority is informed, the reporter receives a copy unless there are serious objections.

Senior management informs the reporter in writing without delay that an investigation has been initiated and by whom it will be conducted, and provides a copy of the investigation assignment unless there are serious objections.

Senior management informs the persons to whom the report relates, unless doing so would harm the interests of the investigation or enforcement.

Article 11: Conduct of the investigation

Investigators give the reporter the opportunity to be heard. A written record is made, submitted for approval and signature, and a copy is provided to the reporter.

Investigators may also hear others. Written records are made, submitted for approval and signature, and copies are provided to those heard.

Investigators prepare a draft investigation report and give the reporter and senior management the opportunity to comment, unless there are serious objections.

The investigators then finalize the investigation report and provide copies to the reporter and senior management, unless there are serious objections.

The duration of the investigation shall be specified per case, and the reporter shall be informed accordingly.

Article 12: Employer’s position

Senior management informs the reporter in writing within two weeks after completion of the investigation report of its substantive position regarding the reported suspected wrongdoing or irregularity and the steps taken as a result.

After completion of the investigation, senior management assesses whether an external authority should be informed of the report, the investigation report, and the employer’s position. If so, the reporter receives a copy unless there are serious objections.

Article 13: External reporting

After making an internal report, the reporter may make an external report if:

the reporter disagrees with the position referred to in Article 12 and believes the suspicion was unjustly dismissed; or
no position has been received within the period specified in Article 12.

The reporter may immediately make an external report if making an internal report cannot reasonably be expected, including in cases of:

acute danger requiring immediate external reporting due to an overriding and urgent public interest;
a reasonable suspicion that the highest responsible person within the organization is involved;
a situation in which the reporter reasonably fears retaliatory measures.

The reporter may submit the external report to an authority that, in the reporter’s reasonable opinion, is most appropriate, including the Investigation Department of the House for Whistleblowers.

Article 14: Publication, reporting, and evaluation

The management board ensures that this policy is published on the intranet and made publicly available on the employer’s website.

The management board prepares an annual report outlining the number and nature of reports made and investigated under this policy and any consequences for Parts Express policy.

This report is submitted to the PVT for discussion and subsequently discussed in a consultation meeting with PVT members.

Article 15: Entry into force

This policy enters into force on 1 January 2017 and may be cited as the Parts Express Whistleblowing Policy.

Article 16: External confidential advisor

Parts Express has appointed an external confidential advisor as whistleblowing officer: Marian van den Berg of Work Solution.

Employees may be referred to the external confidential advisor by the internal confidential advisor or may contact her directly.

Employees who prefer to speak with a male confidential advisor may contact the external confidential advisor, who will arrange contact with a female confidential advisor.

Marian van den Berg can be reached at marian.van.den.berg@worksolutions.nl
or by phone at +31 6 10729652. The external confidential advisor is bound by confidentiality, although information may be provided to law enforcement authorities, the Public Prosecution Service, or the judiciary upon request.

In exceptional situations, the confidential advisor may breach confidentiality, for example if the organization is at risk by inaction, if the employee faces serious health risks, if there is a legal reporting obligation, or if the advisor would face a conflict of conscience by not acting at the employee’s request.

Article 17: Contact details – Advisory Department of the House for Whistleblowers

General number: 088 – 371 3033
Questions regarding reporting wrongdoing: 088 – 371 3031

The House for Whistleblowers is reachable by phone on weekdays from 9:00 a.m. to 5:00 p.m. Outside these hours, you may leave a voicemail or send an email, indicating when and at which phone number you wish to be called back.

We advise contacting us only via a private phone, private computer, and private email address. Do not send information subject to professional or official secrecy (such as patient data).

For advice: advies@huisvoorklokkenluiders.nl

Article 18: Prevention

Parts Express shall make every effort to protect reporters of wrongdoing or irregularities. This includes, among other things, providing information and guidance within the work environment, workplace design, and fostering a healthy organizational culture.