Anti-corruption Rules
Prague Transit Company, joint-stock company (hereinafter referred to as "DPP"), in its effort to comply with legal requirements aimed at preventing criminal activity, adheres to the obligations set forth in Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Proceedings Against Them, as amended (hereinafter referred to as "ZTOPO"), as well as Act No. 40/2009 Coll., the Criminal Code, as amended (hereinafter referred to as "Criminal Code").
Therefore, DPP has introduced and set up a Programme for the Prevention of Criminal Activity by DPP and the Risks Resulting Therefrom and an internal Anti-Corruption Programme of DPP in accordance with the requirements of the internationally recognised standards ISO 37001 (Anti-Corruption Management Systems) and ISO 37301 (Compliance Management Systems/Compliance), which are binding for all employees and other responsible persons; in certain cases, also for third parties, i.e. entities acting on its behalf or in a business relationship with it.
At the same time, Prague Transit Company undertakes to continuously improve the set anti-corruption management system and to continuously set and evaluate anti-corruption objectives. In order to ensure supervision over the design, implementation and continuous improvement of all compliance and anti-corruption activities, especially in accordance with the requirements of the ISO standards, DPP has established an independent, responsible and appropriately empowered compliance function, which is executed by the Compliance Department.
It is a top priority for DPP to completely eliminate or limit to the maximum extent the opportunities for corruption and to take effective measures to eliminate or minimise identified corruption risks. Emphasis is placed in particular on the prevention, detection and thorough investigation of corrupt behaviour and on creating a transparent environment towards the public, third parties and its own employees. In order to achieve these objectives, DPP continuously builds a system of internal controls, mechanisms and processes that create an effective defence against corrupt behaviour of both employees and responsible persons and third parties.
In view of the above facts and the potential risks arising from them, DPP adopts the following anti-corruption rules:
Basic principles
Corruption is a negative social phenomenon characterised by a high degree of latency, due to the inherent nature of the behaviour. Corrupt behaviour is defined in particular by the Criminal Code and the ZTOPO. The term 'bribe' is defined as an unjustified advantage consisting of direct pecuniary enrichment or other advantage given or intended to be given to the bribed person or, with their consent, to another person who has no legal entitlement to it.
DPP applies the principle of zero tolerance towards corruption committed by employees, responsible persons and third parties in connection with its activities and does not support in any way, even passively, a corrupt environment.
It is forbidden to offer, promise or provide, directly or indirectly, any undue advantage to third parties in order to influence or reward the service provided or to solicit, accept or receive such advantages, except for ordinary symbolic gifts and small refreshments provided or accepted in the course of normal business practice.
In the event that any person in good faith reports a corrupt act or attempted corrupt act in connection with the activities of DPP, such report shall not have any negative effect on them and shall not lead to retaliatory measures against them or persons close them by DPP or persons representing them.
If DPP receives a report or any information about suspected corrupt behaviour of an employee, responsible person or third party in connection with its activities, the Compliance Department will immediately and objectively investigate the report in accordance with the set internal rules.
Prague Transit Company has adopted rules for combating corruption, which are enshrined in its internal standards and include in particular the following provisions:
1. As part of its anti-corruption policy, the transit company shall apply the same anti-corruption practices to third parties with whom it collaborates as it applies to itself. In its relations with business and other contractual partners, it communicates this anti-corruption policy to the contractual party in the form of a contractual instrument - Criminal and Anti-Corruption Clause. Such clauses are binding to third parties and may be used to terminate the contractual relationship entered into and to dissociate oneself from their actions.
2. New employees of Prague Transit Company are recruited on the basis of transparent selection procedures, according to their qualifications, their abilities and skills, in accordance with internal standards.
3. Offering, promising and giving gifts and other undue advantages to third parties or persons is prohibited, unless it is a small gift or a treat within the scope of normal business practices. Gifts, entertainment and invitations to social events may only be offered or accepted if they are offered or accepted in the normal course of business. Monetary gifts and gifts to political parties and their representatives are strictly prohibited. Acceptance of undue gains from third parties or other entities are to be viewed in the same way. It is not considered a corrupt practice to provide promotional items. Details on the giving and receiving of gifts is laid down in internal standards.
4. In the case of public procurement, the transit company shall always proceed in accordance with Act No. 134/2016 Coll., on Public Procurement, as amended, while respecting the principles of transparency, proportionality, equality and non-discrimination. If any non-standard practices in the procurement procedure is detected, the employees and authorised persons are obliged to report this fact to the Compliance Department, in particular the offer or provision of an undue gain, or even a conflict of interest.
5. All employees must act in accordance with the applicable legislation against money laundering. In order to detect and prevent suspicious payment patterns or suspicious customers or transaction patterns that could involve the laundering from crime proceedings, employees must be vigilant and report any suspicious behaviour by customers, consultants or business partners to the Compliance Department. Employees must also comply with all relevant internal standards and established accounting procedures in connection with cash and non-cash payments, as well as other transactions and contracts.
6. The conditions to report suspicions of any criminal offence, including suspicions of corrupt behaviour are set in Prague Transit Company; such reports can also be made anonymously. The transit company shall ensure that such reports are handled confidentially. In order to be able to report suspected breaches of applicable legislation or internal standards, suspected criminal offences, including corruption offences, even anonymously, the following reporting channels have been established and are managed by the Compliance Department:
a) electronically to the e-mail "inbox of the trust" at: schranka.duvery@dpp.cz, or to the data box: fhidrk6, where the submission should be flagged "Do not open - PPTČ notification" in the subject line of the data message;
(b) in writing to the postal address Sokolovská 42/217, Vysočany, 190 00 Prague 9, where the submission should be clearly marked 'Do not open - PPTČ notification';
c) by telephone to the 24-hour telephone helpline with an answering machine at 296 193 011.
If a whistleblower designates his or her submission as confidential or otherwise expresses an interest in maintaining confidentiality, the person to whom the confidential information is disclosed is obliged to ensure that the identity of the whistleblower and the contents of the submission are not disclosed. If an employee makes a good faith disclosure of a colleague's misconduct or of wrongful conditions at Prague Transit Company, the disclosure shall not have a negative effect on the employee's employment. The protection also applies to persons close to the whistleblower. However, only reports made in good faith enjoy such protection; not cases of deliberate conduct intended to harm other persons, which may give rise to misdemeanour or even criminal liability. In the case of legitimate notifications, the transit company undertakes to provide appropriate remedies and to take measures to prevent recurrence.
7. Within the framework of the DPP Crime Prevention and Risk Prevention Programme, training is provided to all employees on the topics of criminal liability of legal entities, threatening risks, the Code of Ethics, the DPP Anti-Corruption Programme and compliance with binding internal standards related to the performance of the activities of the transit company , including the topic of potentially pending risk of corrupt behaviour.
8. The aim of adopting these rules and measures, which are also enshrined in the internal standards, is to increase the motivation of employees, responsible persons and third parties to act against corruption, to increase the likelihood of detection of corrupt behaviour, to prevent the repetition of similar corrupt behaviour, and thus to minimise the risk of criminal or administrative liability or property and non-property damage arising from the activities of the transit company.
9. All employees and all responsible persons of the transit company are obliged to comply with the anti-corruption rules. Violation of the rules by employees or responsible persons shall be considered a breach of work duties and as such sanctioned within the meaning of the relevant provisions of the Labour Code and internal standards governing the work duties of employees.
10. These Anti-Corruption Rules shall take effect on the date of publication.
Published 25 November 2022.