We have introduced a secure Internal Whistleblowing System for submitting reports on possible unlawful conduct pursuant to Act No. 171/2023 Coll., on the Protection of Whistleblowers (What unlawful conduct may be involved).

All reports will be assessed objectively, impartially, and confidentially by the Designated Person:

Mgr. Petra Šmardová
petra.smardova@ostroj.cz
+420 553 872 114

How to report

Reports can be submitted orally or in writing:

1. electronically to the email address oznameni@ostroj.cz;
2. in writing to the company address – OSTROJ a.s., Těšínská 1586/66, 746 41 Opava; it is recommended to state on the envelope: “Do not open, intended for the Designated Person”;
3. by phone at the mobile number +420 553 872 114, always from Monday to Friday between 8:00 and 14:00, excluding company-wide vacation periods and times when the Designated Person is on leave;
4. in person – if the whistleblower requests it using the above contact details, they will be allowed to submit the report in person directly to the Designated Person at the company headquarters.

Who can submit a report

A report can only be submitted by a natural person who performs or has performed work, volunteer activity, internship, or training for the company, or has applied for such work (Who can be a whistleblower). Reports from other persons are excluded.

Report content

The scope and quality of the provided information can positively influence the way the report is investigated, therefore, the report must include at least the basic data, including identifying details of the whistleblower – see Report content.

What does not qualify as a report

It is not allowed to report knowingly false information; such behavior may be sanctioned (What sanctions apply).

The company will also not deal with malicious reports, reports containing offensive language, or anonymous reports. 

Protection of the whistleblower and other affected persons

The identity of the whistleblower is guaranteed to be protected. Only the Designated Person has access to the reports.

The whistleblower and other affected persons are protected against retaliatory measures (What are retaliatory measures and who is protected). Protection cannot be granted to a person who knowingly submitted a false report in bad faith with the intention of harming OSTROJ a.s. or the person against whom the report was directed. 

Report to the Ministry of Justice

The whistleblower may also submit a report through the external reporting system operated by the Ministry of Justice on the website oznamovatel.justice.cz, or submit a report directly to the competent public authority with control powers in the matter. 

Personal data protection

When processing personal data in connection with the submission of a report, the company, as the controller, will act in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation (GDPR), and Act No. 110/2019 Coll., on the processing of personal data, and other generally binding legal regulations of the Czech Republic concerning personal data protection. See information on the processing of personal data.

For more information, see Act No. 171/2023 Coll., on the Protection of Whistleblowers.

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What unlawful conduct may be involved

This refers to unlawful conduct by a natural or legal person that the whistleblower became aware of in connection with work or similar activity performed for the company, which has occurred or is about to occur, i.e., only conduct that:

1. constitutes a criminal offense,
2. constitutes an administrative offense for which the law stipulates a fine of at least CZK 100,000,
3. violates Act No. 171/2023 Coll., on the Protection of Whistleblowers, or
4. violates another legal regulation or EU regulation in the field of:
   • financial services, statutory audit and other assurance services, financial products and markets,
   • corporate income tax,
   • prevention of money laundering and terrorist financing,
   • consumer protection,
   • compliance with product requirements, including their safety,
   • transport safety and operation of road transport,
   • environmental protection,
   • food and feed safety and animal protection and health,
   • radiation protection and nuclear safety,
   • competition, public auctions, and public procurement,
   • protection of public order and safety, life and health,
   • protection of personal data, privacy, and security of electronic communications networks and information systems,
   • protection of the financial interests of the European Union, or
   • functioning of the internal market, including competition protection and state aid under EU law.

Who can be a whistleblower

The whistleblower of unlawful conduct can only be:

• an employee of OSTROJ a.s.,
• an employee of an employment agency assigned to work at OSTROJ a.s.,
• a natural person performing work for OSTROJ a.s. under an agreement on work outside employment (agreement to perform work, agreement on work activity),
• a natural person performing volunteer activities at OSTROJ a.s. (help provided by volunteers, volunteer service, various leisure activities),
• a natural person performing an internship or practical training at OSTROJ a.s.,
• a job applicant, applicant for volunteer activity, internship, or practical training,

regardless of whether the person performed or is performing work for OSTROJ a.s. or applied for it (successfully or unsuccessfully). Other persons are excluded from submitting reports. 

Report content

The legal content of the report must be observed and at least the following data must be provided for the report to be properly investigated:

• Identifying data of the whistleblower – name, surname, date of birth, or other data from which the whistleblower's identity can be inferred, such as employee ID number; the report need not contain these data if it was submitted by a person whose identity is known to the Designated Person,
• contact details of the whistleblower – information on how the whistleblower prefers to be contacted and informed of further steps and the result of the investigation (e.g., postal address, email address),
• truthful description of the unlawful conduct – the area of unlawful conduct, verifiable information about the unlawful conduct, identification of persons against whom the report is directed, if their identity is known, etc.,
• designation (attachment) of evidence – documents supporting the alleged facts, e.g., records, identification of witnesses, etc.,
• date, signature of the whistleblower. 

What sanctions apply

A whistleblower who knowingly submits a false report is liable for their actions towards the person affected by the report (employee, etc.), who may claim personality protection rights, e.g., compensation for harm or unjust enrichment.

The whistleblower may also be held liable for committing an administrative offense or, in more serious cases, a criminal offense (e.g., defamation, false accusation).

Submitting a knowingly false report is an offense under Section 23 of Act No. 171/2023 Coll., on the Protection of Whistleblowers, punishable by a fine of up to CZK 50,000.

What are retaliatory measures and who is protected

A retaliatory measure is an act or omission by OSTROJ a.s. in connection with the whistleblower's work at the company, caused solely as a reaction to the report and which may cause harm to the whistleblower or other protected persons; if these conditions are met, a retaliatory measure includes in particular:

1. termination or non-renewal of a fixed-term employment contract,
2. termination of a legal relationship based on an agreement to perform work or an agreement on work activity,
3. dismissal from a managerial position,
4. imposition of a disciplinary measure,
5. reduction of salary or remuneration or denial of a personal allowance,
6. transfer to another position,
7. work assessment or job reference,
8. denial of professional development opportunities,
9. change in working hours,
10. requirement for a medical opinion or occupational medical examination,
11. termination of a contract or withdrawal from a contract, or
12. interference with personality rights. Retaliatory measures cannot be applied not only to the whistleblower but also to other protected persons, such as:
13. a person who provided assistance in gathering information contained in the report, submitting the report, or assessing its validity,
14. a person who is close to the whistleblower (relative in direct line, sibling, spouse or partner, in-laws, cohabiting persons, other close persons),
15. a person who is an employee or colleague of the whistleblower,
16. a person controlled by the whistleblower,
17. a legal entity in which the whistleblower has an interest, its controlling or controlled entity, or an entity controlled by the same controlling entity,
18. a legal entity whose governing body the whistleblower is a member of, or entities controlled by the same entity,
19. a person for whom the whistleblower performs work or similar activity, or
20. a trust fund where the whistleblower or a related legal entity is a founder, beneficiary, or otherwise significantly contributes to the trust fund's assets by contract or testamentary disposition.

A measure based on fair and legitimate reasons of OSTROJ a.s., unrelated to the submitted report, is not considered a retaliatory measure, even if it may cause harm to the whistleblower or protected persons.