THE ADMINISTRATIVE LIABILITY OF COMPANIES – MODEL 231
ARPECA SPA has adopted an organisation, management and control model (Model 231) for the prevention of crimes committed in the interests or for the benefit of the company. In order to ensure its effective application, AR.PE.CA SPA has established a dedicated training programme for all the company’s staff.
Italian Legislative Decree no. 231 of 8 June 2001 introduced the legislation governing the Administrative Liability of Companies, under which Companies can be held liable, and consequently penalised, for certain crimes committed or attempted in the interests or for the benefit of the company itself by its directors or employees. The Company’s liability is waived if it can show that it adopted and effectively implemented an organisation, management and control model suitable for preventing the crimes themselves, and established a body responsible for supervising the functionality and observance of the model, before any such crimes are committed.
In accordance with the relative legislation, ARPECA SPA has adopted its own Model 231 for the prevention of crimes committed in the interests or for the benefit of the company, and has appointed a Supervisory Body with autonomous powers of initiative and control.
HOW ADMINISTRATIVE LIABILITY INTERACTS WITH THE CODE OF ETHICS
The ARPECA SPA Code of Ethics contains the principles of business ethics recognised, accepted and promoted by the Company and its employees. The Model 231 is both a support tool and a central element of the AR.PE.CA SPA Code of Ethics. The Supervisory Body and the other forms of control and monitoring envisaged in the Model 231 are also fundamental elements of the Code of Ethics.
The Model 231 consists of a systematic set of principles, rules, and provisions for the management and control of each business process. ARPECA SPA has dedicated a great deal of attention to the implementation of its Model 231, with particular regard to the improvement of the company procedures, staff training, and the execution of specific control programmes.
ARPECA SPA has adopted its own Model 231, and keeps it constantly updated.
View the ARPECA SPA code of ethics
The company has adopted a DISCIPLINARY SYSTEM, pursuant to art. 6, paragraph 2, letter e) and paragraph 2 bis, letter. d) and article 7, paragraph 4, letter. b) of the Legislative Decree. 231/2001. One of the essential elements for the construction, implementation and maintenance of an effective Organization and Management Model is, in fact, the existence of an adequate disciplinary system capable of sanctioning failure to comply with the measures indicated in the model itself (internal protocols/procedures referred to by Model itself, Code of Ethics, circulars and service orders, etc.).
The definition of an adequate DISCIPLINARY SYSTEM constitutes an essential prerequisite for the exempt value of the Organization and Management Model pursuant to Legislative Decree. No. 231/2001 with respect to the administrative responsibility of entities. Violations of the Organizational Model and the Code of Ethics will be subject to the DISCIPLINARY SYSTEM, regardless of any criminal liability of the perpetrator of the crime and the outcome of the relevant judgement; these rules integrate and do not replace the legal provisions and the clauses of the collective agreement regarding DISCIPLINARY SYSTEM.
The existence of a disciplinary system for subordinate workers or people subject to the management or supervision of one or more top management is inherent to the employment relationship, as required by civil law. In particular, the legislator has explicitly placed on the employee a duty of diligence and loyalty in carrying out his duties, as well as the possibility for the employer to resort to the application of disciplinary sanctions in the event of behavior inconsistent with these obligations.
Naturally, the sanctioning response must be commensurate with the seriousness of the infringement committed and must comply with the provisions contained in the Workers’ Statute and in the current National Collective Agreement applied by the Company.
Pursuant to the regulations in question, therefore, the top management of the Company, the employees and non-employees of the Company are subject to this Disciplinary System (on the basis of the specific “clauses 231” in the relevant collaboration/consultancy/supply contracts.)
Consult the disciplinary system of ARPECA SPA
In keeping with good practice, the Supervisory Body consists of an external professional, in order to ensure transparency and impartiality, as well as to ensure the availability of specific expertise, so that the Body is able to effectively carry out its assigned tasks.
The Supervisory Body also serves as the Guarantor of the Code of Ethics, and is tasked with promoting its implementation and dissemination, as well as the knowledge of its contents. The Supervisory Body is also tasked with examining any alleged violations of the Code of Ethics, and taking the most appropriate investigative actions in that regard.