Report Misconduct
Information for whistleblowers under the Whistleblower Protection Act
Whistleblowing refers to the reporting of unlawful conduct that occurs in connection with the work of whistleblowers, under Act No. 171/2023 Coll., on the protection of whistleblowers.
Any natural person who, in connection with his or her work or other similar activity for the KAVX, becomes aware of unlawful conduct that breaches a legal regulation falling under one of the areas listed in point 3 below, is entitled to make a report under the Directive. A connection with work or other similar activity is established if the whistleblower became aware of the breach:
- while working for the KAVX (based on an employment contract or other work agreements),
- while exercising the rights associated with a share in a legal entity with KAVX participation or while serving as a member of an elected body in a legal entity with KAVX participation,
- in the course of his/her work experience or internship at the KAVX,
- while exercising rights and obligations arising from a contract concluded with KAVX for the provision of supplies, services, construction work or other similar performance.
The reporting of unlawful conduct must concern one of the following areas:
- public procurement
- financial services
- products and markets, and prevention of money laundering and terrorist financing
- product safety and compliance
- transport safety
- protection of the environment
- radiation protection and nuclear safety
- food and feed safety, animal health and welfare
- public health
- consumer protection
- protection of privacy and personal data, and security of network and information systems
The report must contain information about a possible breach that has occurred or is about to occur at the KAVX, for which the whistleblower has performed or is performing work or other similar activity, even indirectly, or with which the whistleblower has been or is in contact in the course of their employment or other similar activity, and which has the characteristics of a criminal offence; has the characteristics of an infringement for which the law sets a fine of at least CZK 100,000; breaches the Whistleblower Protection Act, or breaches another legal regulation or Union law
A complete list of legislation falling within the scope of the Directive is published on the Ministry of Justice website. - HERE.Reports are received internally via the KAVX internal reporting system using one of the following channels:
- BY TELEPHONE on the phone number 722 991 081 (telephone communication may be recorded subject to prior approval)
- BY PERSON to the relevant Competent Person according to the location of the respective KAVX plant, see paragraph 7.
- IN WRITING – BY EMAIL to the email address of the relevant competent person, see paragraph 7.
- IN WRITING – TO THE POSTAL ADDRESS of the relevant competent person, see paragraph 7. The envelope must be visibly marked: “DO NOT OPEN – To the Competent Person only” (specify their name according to paragraph 7)..
The report can also be made by public disclosure, where:
- appropriate action has not been taken within the specified deadlines following a previous report through the KAVX communication channels referred to in paragraph 4,
- the failure of the whistleblower to act could threaten an important public interest, e.g., due to the risk of delay,
- it is not possible to make the report through the KAVX communication channels referred to in paragraph 4 without an undue risk (e.g., destruction of evidence, obstruction of a proper assessment of the report, or sanction for the whistleblower).
The competent person will make a preliminary assessment of whether the report falls under the Directive (whether the reported conduct falls within the areas defined by the Directive), whether the work context of the reporting is met, what type of breach is reported (minor offence/criminal offence/other unlawful conduct), and whether it is sufficient to resolve the reported breach internally. If the competent person concludes that it is not a report within the meaning of the Directive, he shall inform the reporting person of this fact within the statutory deadline.
In some cases, it may be necessary to refer the report to law enforcement authorities, administrative prosecution authorities or other relevant public authorities.
The competent person shall investigate the information provided in the report and, if possible, recommend corrective action. This should be done in such a way that it is not obvious from the recommendation who the whistleblower is and that no other “confidential information” contained in the report is disclosed.
By law, the whistleblower must receive confirmation that the report has been received within 7 calendar days, and he or she should receive notification of how the report has been assessed no later than 30 days after receipt of the report. In complex cases, the deadline for the assessment of the report can be extended twice by 30 days (to a total of 90 days).
The person responsible to handle the report (the competent person referred to in paragraph 7) shall keep confidential the facts that have come to his/her knowledge in the course of his/her activities, in particular the information provided in the report. The responsible person will not provide information to a third party that could compromise the purpose of the report. This does not affect the right of the responsible person to inform the relevant persons within the KAVX (e.g., the CEO) of the identified breaches so that effective corrective action can be taken.
Reports can also be made anonymously
In such a case, the whistleblower shall not provide his/her personal details or any other information that could contribute to his/her identification and the person responsible to handle the report shall not seek such information. An online reporting tool (see link above) ensures the anonymity of the whistleblower. However, the KAVX does not have to deal with anonymous reports within the deadlines and in the manner set out in the Whistleblower Protection Act. Protection under this Act is only granted to the initially anonymous whistleblower once his or her identity is revealed to a person who could expose him or her to retaliation.
The person responsible to handle the report shall ensure that the identity of the whistleblower and other persons named in the report is not disclosed. The responsible person may disclose the identity of such persons to a third party only with their consent or where the responsible person is obliged to do so by law, in which case he or she shall inform the whistleblower of the procedure and the reasons for disclosing their identity. This shall not affect the ability of the responsible person to inform KAVX of the identity of the persons who have committed an unlawful act. The identity of the whistleblower may be disclosed to law enforcement authorities if they request it for the purposes of criminal proceedings.
What protection does the Directive grant to the whistleblower
Anyone who submits a report to the KAVX under the Directive is protected against retaliation by the KAVX. Retaliatory means any action triggered by a report and taken by the KAVX or by another person at the KAVX's direction, which occurs in connection with the performance of work activities and which the whistleblower may reasonably consider a violation of his or her rights or legitimate interests, including, but not limited to, termination of employment, removal from a managerial position, change in hours or work location, reduction in salary or remuneration under an agreement, unequal treatment or other disadvantage.
Exceptions where the whistleblower is not entitled to protection under the Directive and where he or she may be prosecuted for unlawful conduct:
- when they make knowingly false reports,
- when they make the report in a manner other than according to the Directive,
- when they report facts covered by the obligation of confidentiality – these are cases where the notification would prejudice the fundamental security interests of the Czech Republic or certain types of contractual and statutory obligations, in particular, the obligation of confidentiality of legal and medical professions (this does not apply to banking secrecy, contractual confidentiality, the obligation of confidentiality under the Tax Code and other regulations – these facts can be reported).
The person responsible for handling reports, i.e., the person competent to receive a report (hereinafter the “Responsible Person” or the “Competent Person”), investigate the claims and propose appropriate corrective measures under the KAVX Internal Regulation, is:
During the absence of the Competent Person (holiday, sick leave, other obstacles in work, etc.) an authorized employee from another plant may act as the Competent Person under the Whistleblower Protection Act. The above-mentioned Competent Persons may substitute for each other in their absence.
Beyond the scope of Act No. 171/2023 Coll., on the protection of whistleblowers, the receipt of Reports concerning KAVX Corporation and/or Reports that extend beyond the territory of the Czech Republic is also possible internally through the KAVX internal reporting system, specifically:
ON-LINE ON-LINE by filling in the electronic form available via the website www.kyocera-avx.cz The electronic form is also accessible on a mobile device by scanning the QR code below.
In such a case, the Responsible Person for all plants in the Czech Republic is:
| Name of the Responsible Person | Job position | QR code to access the corporate reporting system |
|---|---|---|
| Karen Smith | Sr. VP, Administration & Corporate Secretary |
|
| Cindy Dodd | Sr. Manager, Global Compliance |
Reports can also be submitted through the Ministry of Justice's external reporting system
- via an interactive form on the website: oznamovatel.justice.cz
- electronically at the email address:
- orally – by telephone on the phone number: +420 221 997 840
The submission of a report via the external reporting system is not subject to the submission of a report via the internal reporting system. However, it is preferable to submit a report via the internal reporting system, as the direct investigation allows for a more effective and immediate response to the findings and can effectively and quickly prevent material or reputational damage, thus resolving the problem with a guarantee of legal protection for you as a whistleblower and avoiding the risk of, for example, unauthorized publication of the report.