ComplianceFor honest contact with our stakeholder
For more than ten years now, PORR has had group-wide compliance guidelines to ensure a fair and open dialogue with stakeholders. These guidelines set out the basic principles for the dissemination of information, provide key measures to avoid insider trading and regulate everything to ensure legal compliance and avoid conflicts of interest. Of course, the guidelines are regularly updated to adapt them to any changes in the law. The Compliance Officer is responsible for monitoring compliance with all guidelines.
Compliance in the PORR Group
Based on the principles of corporate ethics (PORR Code of Conduct) and corporate values (PORR Principles), the compliance organisation is tasked with implementing internal guidelines (e.g. anti-corruption guidelines) to ensure compliance behaviour as well as compliance with Corporate Governance through the Compliance Management System (PORR CMS).
PORR S.A. Compliance - report an irregularity.
As a Company aware of its responsibility, we have introduced a whistleblower protection system within the organisation as an integral part of our Compliance System. This gives us the opportunity to report suspected violations of the law relating to our business, in accordance with the National Whistleblower Protection Act.
If you would like to report a suspected violation, we invite you to use the tool at the link: https://whbs.porr.pl
The Compliance Department strictly protects your identity and will never disclose it unless authorised authorities or courts order such disclosure for law enforcement purposes. In view of the guaranteed anonymity and protection of each whistleblower, we recommend that whistleblowers provide their contact details. However, if you wish to submit a report anonymously the CuCoSol system uses blockchain encryption to guarantee your full anonymity.
Neither PORR S.A. nor the system provider has access to your data. You can use any web browser for your entries.
PORR holds:
- Compliance Management System (Handbook),
- the Guideline for Issuers on Compliance, in accordance with the Supervisory Authority's relevant regulation 2007,
- the Guideline on Combating Corrupt Practices,
- Other guidelines, such as the Cartel Law, Control of Contracts and Business Partners, Prevention of Illegal Employment of Foreigners and Social Dumping, and Prevention of Money Laundering and Terrorist Financing,
- A large number of other guidelines and instructions on purchasing, refreshments, subsidies, financial accounting, etc,
- New whistleblower scheme according to MAR Article 32,
- Multi-annual training plans for Group employees.
All compliance guidelines are documented in IMS and available in German, English, Polish, Czech, Hungarian and Romanian.
The Compliance Management System is continuously monitored through risk analyses, assessments and internal audits. Any infractions are sanctioned and often serve as starting points for improving the system itself.
Anti-Corruption.
Corruption is not tolerated at PORR. Such behaviour is ethically unacceptable.
Active corruption occurs when an employee of a business partner or a public institution receives an offer, promise, grant or confirmation of a material benefit in order to obtain an advantage for PORR, PORR employees or third parties. The granting of such an endowment is a violation of the Compliance Principles.
Granting of material favours to employees of public business partners and private business partners is prohibited.
The granting of material donations is also not permitted if the act for which the donation is granted is lawful. It is also forbidden to transfer financial favours through third parties (e.g. relatives, friends, partners or acquaintances), not only directly to a business partner or official.
Passive corruption occurs when a PORR employee requests, accepts or allows the promise of an endorsement from a business partner or official in order to take some action. Accepting such an endorsement is a breach of compliance. All PORR employees must carefully select their conduct in their dealings with business partners. Even the appearance of corruption is unacceptable and must be avoided.
PORR is fully committed to the prevention of corruption and has implemented the principles in this regard in the compliance organisation in such a way that certification in accordance with the new ISO 37001 standard can be achieved in 2017.
Antitrust and competition law.
Agreements and coordinated practices with third parties, in particular competitors, which have the purpose or effect of restricting competition are prohibited and will not be tolerated by PORR.
Anti-competitive agreements include written, informal (including oral) agreements, other concerted practices with third parties (in particular competitors, but also suppliers or customers), if their purpose or actual effect is to restrict competition.
In particular, agreements on prices (e.g. offering or reselling prices), agreements on market sharing, agreements on conditions in relation to third parties, agreements not to provide services to third parties or not to offer any services, as well as any other agreement which restricts competition or which has the object or effect of restricting competition are prohibited.
The creation of such agreements is a breach of the compliance rules. The conclusion of such an agreement is treated as equivalent to other coordinated actions if their purpose or actual effect is to restrict competition. All PORR employees must carefully select their conduct in their dealings with competitors and other third parties. Even the appearance of anti-competitive behaviour must be avoided.
Furthermore, agreements with suppliers and subcontractors which have the purpose or actual effect of restricting competition are prohibited.
It is prohibited to agree on what prices a supplier or subcontractor offers to a third party, in particular to competitors, or to agree on what conditions under competition law a supplier or subcontractor offers to a third party.
The conclusion of such an agreement is a breach of compliance.
All PORR employees must carefully select their conduct in their dealings with suppliers and subcontractors. Even the slight appearance of anti-competitive behaviour must be avoided.
Compliance Certificates
In 2016/17, PORR changed its Compliance Management System to comply with the requirements of national and international standards, namely ISO 19600 Compliance Management Systems (international standard), ISO 37001 Anti-Corruption Management Systems (new international standard) and ONR 192050 Compliance Management Systems (Austrian standard), and since November 2017 has certified the requirements of ISO and ONR through the Austrian institute "AUSTRIAN STANDARDS". This means that PORR is the first listed Austrian construction company to meet the highest standards in compliance, quality and anti-corruption.