Portugalenses Transportes Lda, has a System of Communication of Irregularities and Reporting of Infractions that guarantees to its users the conditions of security, secrecy and confidentiality of their identity or anonymity.
In accordance with Law no. 93/2021 of 20 December 2021 establishing the general regime for the protection of whistleblowers, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law – Whistleblowing Law.
What can be considered an infringement under the applicable law?
any act or omission which is contrary to regulations contained in national or Community law relating to (i) public procurement, (ii) financial services, products and markets and the 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 security of network and information systems;
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 referred to in Article 26(2) of the Treaty on the Functioning of the European Union;
Violent crime, especially violent and highly organised, as well as the crimes provided for in paragraph 1 of article 1 of Law no. 5/2002, of 11 January, which establishes measures to combat organised and economic-financial crime.
This may be an offence committed, being committed or reasonably foreseeable to be committed, as well as attempts to conceal such offences.
The report must include information on dates, identification of the persons and entities involved. It should also be supported, if possible, with documentation.
Depending on the content of each complaint, additional information and information may be requested in order to obtain a clear and complete knowledge of the situation exposed.
Who can report it?
Any natural person who comes across information relating to infringements that he has obtained in the course of his professional activity, including (i) employees, (ii) service providers, contractors, subcontractors and suppliers (or any persons under their supervision), (iii) the holders of shareholdings and members of statutory bodies, (iv) volunteers and trainees and (v) former workers and job seekers.
The reporting person shall be guaranteed the confidentiality of his or her identity or anonymity at all times or until such time as such information is required to safeguard the rights of defence of those concerned by the report, in the context of investigations which may be subject to the report or subsequent legal proceedings.
It is also possible to request confidential advice to consider filing a complaint.
All reports must be made in good faith and on reasonable grounds.
It is forbidden to commit acts of retaliation against the whistleblower.
How do I file a complaint?
To file a complaint or request confidential advice to consider filing a complaint, you must send your communication to the email address firstname.lastname@example.org, through the form on the website or postal communication to Portugalenses Transportes, LDA – Rua do Coteiro, 271 – 4415-451 Grijó, Vila Nova de Gaia.
What deadlines should be considered?
Within 7 days you will receive notification of the receipt of the report, the requirements, competent authorities and the form and admissibility of the external report.
Within a maximum period of 3 months – communication to the reporting person of the measures planned or adopted to follow up on the complaint and the reasons therefor, from the date of receipt of the complaint;
Within 15 days of its conclusion – in case the whistleblower has requested (which he can do at any time), the communication of the result of the analysis carried out.
The register of complaints received shall be kept for at least a period of 5 years and, regardless, for the pendency of judicial or administrative proceedings relating to the complaint.