About the KGHM Ethics Hotline? 

The KGHM Ethics Hotline is a confidential tool to anonymously or non-anonymously report any violations taking place at Companies from the KGHM Group. It is to support the combating of fraud, embezzlement and other violations of applicable workplace standards of ethics.

PLEASE NOTE – the Ethics Hotline shall not be used to report events representing a direct hazard to human life or property. Those matters shall be reported to emergency numbers.

Why do we need a whistleblowing system?

We wish to effectively prevent any actions that may cause financial or image-related damage to Companies from the KGHM Group, including those arising from crime, corruption, financial fraud or breach of the law. Additionally, we want to prevent any violations of the ethical standards defined in the KGHM Group’s Code of Ethics and any violations which involve failure to abide by the internal regulations in place at the KGHM Group.

Whistleblowing channels available to both employees and third parties (contractors, customers, business partners investors etc.) are among of the most effective tools for early detection of violations

An effective violation recording system helps build an organisational culture based on integrity and ethical decision-making.

How can I report a violation?

You may use the online form available on the Ethics Hotline platform, as well as any other channels you find convenient, whether anonymously or openly. You can find particular whistleblowing channels HERE.

Do I have to give my personal data?

There are three ways of reporting a violation:

  • openly, if you agree to have your identity fully disclosed both to those involved in the investigation following on from the Notice and to third parties,
  • confidentially – you request that your data be rendered classified and as a result they are additionally protected against unauthorised access;
  • anonymously – without stating your personal data, using channels that prevent Whistleblower identification (post, hotline 767480777, online form).

PLEASE NOTE: A mobbing report is an exception as it requires stating the personal data of the Whistleblower and the people concerned (perpetrators and the victim).

What violations should I report?

You may report any violations of the KGHM Group’s Code of Ethics or any other violations regarding the business activities of the Companies from the KGHM Group, especially those representing:

CORRUPTION

Corruptive practices – active and passive bribery, embezzlement and theft, fraud, scam, abuse of power, influence peddling, unacceptable preferential treatment, accepting/offering/demanding inappropriate financial or non-financial advantages etc.

CONFLICT OF INTEREST

Conflict of interest is a situation where the employee’s private interest or familial, financial or social ties affect or may affect impartial and objective performance of job duties by that employee. Special cases of a conflict of interest include nepotism (favouritism of family members or friends) and cronyism (mutual support within a group or individuals connected not only through blood (consanguinity) but also through familiarity or membership in a certain group).

MOBBING

Pursuant to Article 943 § 2 of the Polish Labour Code, mobbing means such action or conduct towards or against an employee that involves persistent and lasting harassment or intimidation of the employee causing them to feel professionally underestimated, causing or aimed to cause humiliation and ridiculing of an employee, his/her isolation or elimination from a team of coworkers. The following actions may be the signs of mobbing: persistently and irrationally criticising someone’s work, limiting their ability to voice their opinions; persistently responding to the employee’s comments with yelling, aggression or ignorance; isolating an employee from coworkers; constantly questioning their decisions; giving them tasks below their qualifications; assigning them too many tasks; taking previously assigned tasks away from an employee without a valid reason; keeping important information necessary for proper performance of the assigned tasks from an employee; assigning tasks with unrealistic deadlines; unreasonably ordering working after hours; ridiculing the employee (e.g. by parodying their movements, mocking their helplessness or disability, religious beliefs, origin, age, appearance, clothing), constantly criticising their personal life; spreading gossip; badmouthing, using verbal and written threats; threatening to fire the employee; avoiding contacts and prohibiting contacts with other employees; suggesting a mental illness; underestimating the employee’s work commitment and other (whether isolated cases or along with other conduct).

OTHER VIOLATIONS

In particular: embezzlement, fraud, generation of nonconformities in documentation, failure to perform the job duties arising from internal regulations and applicable laws; actions that put or may put the lives and health or employees at risk; that violate the occupational health and safety and environmental protection rules; unethical conduct and activities breaking the rules defined in the KGHM Group Code of Ethics, including discrimination, harassment, violation of human rights, disclosure of confidential information of strategic nature, especially classified information and trade secrets; negligent processing or unlawful disclosure of personal data; attempts at any of the above.

 

Will every notice be investigated?

Every notice is investigated as long as it was submitted in good faith and pertains to the disclosure of violations, i.e. any conduct or practice taking place in a KGHM Group entity that may represent a fraud or a breach of the regulations in place, and in particular the KGHM Group's Code of Ethics, or that entails an actual risk of fraud or breach arising if continued.

When is an investigation into a violation waived?

An investigation is waived if the whistleblowing notice is inaccurate, malicious or was submitted in bad faith, especially if it is deliberately defaming and/or misleading, e.g. by providing false information.

PLEASE NOTE – the Ethics Hotline shall not be used to report events representing a direct hazard to human life or property. Those matters shall be reported to emergency numbers.

What happens to my notice?

The information about violations laid down in a notice is verified in an internal investigation by the authorised units based on the procedures and regulations in place in the KGHM Group. If the reported violations are confirmed, the Company’s Management Board will take corrective, preventive and disciplinary actions, and if any unlawful acts are detected, it will inform competent authorities.

I am an employee of a KGHM Company. If I see a violation, isn’t it enough for me to report this to my manager, who should take care of the issue?

From the point of view of the Employer, it is important that you do not remain indifferent if you notice any violations. You may report them in any way you consider convenient, trustworthy and giving you a sense of security. The most appropriate individuals in this case are: your immediate superior, a higher-rank superior, the Ethics and Anti-Corruption Procedures Officer of the KGHM Group or an employee of the Ethics and Anti-Corruption Procedures Section in the Headquarters of KGHM Polska Miedź S.A. However, we are aware that circumstances may arise where you could be unwilling to report a violation by contacting the above individuals. This is why we are giving you an opportunity to use confidential channels to report a violations in a way that is fully safe for you and that guarantees that your notice will be recorded by the Ethics and Anti-Corruption Procedures Section in the Headquarters of KGHM Polska Miedź S.A.

Why should I report what I know? What’s in it for me?

We all have a right to work in an environment free of unethical actions and free of fraud, theft or corruption as they put the company, and by extension – us, at a risk of losses. Early detection of violations permits minimising their consequences and as such increases the safety of the whole company. It also allows us to take corrective actions and to prevent the recurrence of similar violations in the future. Whether you are our employee, independent contractor, client or business partner, you may support us through your non-indifferent attitude in building an organisational culture based on ethical values and doing business in accordance with the law, transparently and responsibly.

Additionally, if you are our employee and you report a violation that will help detect and prove major fraud that puts the Company at a risk of significant losses, whether financial or image-related, you may receive a financial reward for caring about the reputation and interests of the KGHM Group. Grounds for payment and the amount of the reward shall be each time established on a case-by-case basis.

I would like to report a violation but I am afraid for my safety. Do I have a guarantee of confidentiality if I report a violation through the specified channels?

KGHM's whistleblowing channels are handled only by Specialists from the Ethics and Anti-Corruption Procedures Section. They safeguard your data and take care of their confidentiality throughout the whole investigation. If you want to increase your sense of security, you may:

  • report a violation anonymously (this does not apply to mobbing) – all you need to do is select the right field to report a violation without stating your personal data;
  • request that your data be rendered classified – by selecting this field, you have a guarantee that your data will be classified and access to them will be limited only to authorised employees from the Ethics and Anti-Corruption Procedures Section (in this case, you must give your contact details to permit dialogue with you if the data need to be declassified in the interest of the investigation);
  • use the ethics hotline +48 76 74 80777 – you may call it to record a message completely anonymously since this hotline has a feature of hiding the number of the caller;
  • send a letter without giving the details of the sender.

Additionally, you may follow the tips below:

  • Report a violation from a computer from outside the company, e.g. in an internet café, a public library or at your friend's place.
  • You may create a special e-mail address for contact details and use it for confidential communications with us.
  • Make sure that the content of your notice and the attachments do not contain any data that could identify you – such as age, gender, workplace etc.

Remember that it is up to you whether or not you provide your personal data. However, doing so has certain important benefits, i.e. it will allow us to:

  • Contact you and request any missing information helpful in investigating the case.
  • Keep you informed about what is happening to your notice.
  • Give you the Whistleblower protection arising from the regulations in place at KGHM.
  • Give you the reward for a Whistleblower whose notice permits detecting and proving major fraud putting a Company at a risk of significant losses, whether financial or image-related.
What does it mean that KGHM protects a Whistleblower? What protection can I expect if I report a violation?

If you give your data while reporting a violation, you are automatically protected against any forms of retaliation related to the notice. If you are our employee, you have a right to the protection of your employment rights and responsibilities – in particular to the protection of employment, salary and working conditions. If you are our contractor, we will protect your rights under the contract.

KGHM as an Employer protects an employee Whistleblower against any persecution, discrimination or mental harassment in connection with the Whistleblower’s actions taken to reveal a violation.

The Ethics and Anti-Corruption Procedures Section is the unit looking after the Whistleblower and monitoring their situation. In the event of any forms of retaliation, do not hesitate to report them to the Specialist from the Section in charge of your case.

According to our internal regulations, the same degree of protection as that provided for the Whistleblower shall extend to a person who has refused to be complicit in the violation and/or supported the Whistleblower in the whistleblowing by providing information or by giving a testimony.

Details of the protection guaranteed to whistleblowing employees are laid down in internal regulations.

Are my personal data protected in accordance with the applicable laws (GDPR)?
I am not sure if what I have seen or heard is a violation of the Code or the applicable regulations but it just doesn’t look good. What should I do?

Do not hesitate – report the problem. If you are ready to reveal your identity, you may contact a Specialist from the Ethics and Anti-Corruption Procedures Section or the Ethics and Anti-Corruption Procedures Officer at the Branch or the Company. During a confidential talk, you will be able to verify your suspicions. Your observations and the feeling that violations are taking place are very valuable to us. Remember that it is sufficient if you act in good faith, convinced that you are revealing material violations, it being irrelevant whether the disclosed information has been confirmed and whether the violations have actually taken place. We would rather you report a situation that turns out harmless than leave unethical conduct unreported because of your doubt. It is not your task to investigate the matter – this is what competent, properly prepared units are for. All we expect from you is to inform us if you have a reason to believe that the rules of ethical conduct and/or the applicable regulations have been breached.

What if I remember something important about the incident after reporting the violation? How can I add the missing information?

If you want to stay in touch with us, be informed about the status of your notice and add the missing information or if you are ready to answer our questions connected with the case, please give us your contact details. This may be your e-mail address, which may be a private or company address or one created specifically to report the violation. You may also submit a supplementary notice and specify the case it pertains to.

I have gathered evidence proving that violations have been committed. Can I attach this to the whistleblowing notice?

The online form includes a field for attaching exhibits. You may attach files in the doc, xls, docx, xlsx, pdf, jpg, gif, tiff, png formats. The file size cannot exceed 25 MG.

10 THINGS TO REMEMBER FOR A VIOLATION TO BE REPORTED PROPERLY

However you decide to report a violation, please follow the tips below:

  1. Plan your time – you will need it to fully describe what you find disconcerting. Hurry is a bad advisor.
  2. Choose a place that you find comfortable and that gives you a sense of security.
  3. Choose the whistleblowing channel you find convenient. Pre-check how the selected channel works and make sure there are no technical obstacles.
  4. Check the information materials related to whistleblowing at KGHM we posted on the home page of the KGHM Ethics Hotline.
  5. First note down all the information you want to report (give yourself even several days for this) – you might not be sufficiently concentrated while using the whistleblowing channel and leave out something important as a result.
  6. Prepare the evidence you have gathered.
  7. Contact those you want to list as witnesses or who may supplement your notice. Two heads are better than one.
  8. Be specific, try to stick to the facts and give as many relevant details that may help investigate the case as possible. Try to answer the following questions:
  • What actually happened?
  • Where and when did the violation occur?
  • How did the violation arise and how did things progress (specify the dates)?
  • Why do you believe that a violation arose, what could be the motivation of those connected with the case?
  • In your opinion, what are or may be the consequences of the violations you are reporting?
  • Did you take any actions to eliminate the violations or their consequences before reporting the violation (e.g. by reporting this first to your superiors)? If yes, please specify.
  1. Keep a cool head – try to push back the emotions. In this case, they can make it hard to report a violation thoroughly. Remember – you are not fighting with anyone, you are acting in the interest of the company and thus in the interest of us all.
  2. Avoid any data that may be sensitive. The reported violations usually do not require specifying any information related to race, physical characteristics, nationality, religious and political beliefs, health or sexual orientation of those whom they concern.