CODE OF GOOD CONDUCT FOR PREVENTION AND COMBATING HARASSMENT AT WORK

CHAPTER I

GENERAL SCOPES AND PRINCIPLES

Article 1

Scope of application

 

1. This Code of Conduct applies to all members of the Administration, Employees (with any contractual relationship), Customers and other persons with whom BACALHÔA-Vinhos de Portugal, SA. keep in touch daily.

 

Article 2

General Principles

 

1. In the exercise of their activities, functions and competences, the Administration and the Employees must act with a view to the pursuit of the interests of the same, respecting the principles of non-discrimination and combating harassment at work.

 

2. The Administration and Employees may not adopt discriminatory behaviors in relation to other employees or third parties, whether or not they are recipients of the company's services and activities, namely, based on race, gender, age, characteristics and / or physical disability, sexual orientation, opinions, political ideology and religion.

 

CHAPTER II
CONDUCT AND DISCIPLINARY OFFENCES

Article 3

Unlawful Behavior

 

1. Whereas, according to Article 29 of the Labour Code, harassment constitutes 'unwanted behaviour, in particular based on a factor of discrimination, committed during access to employment or in one's own employment, work or vocational training, with the aim or effect of disturbing or embarrassing the person, affecting his dignity, or creating an intimidating environment, hostile, degrading, humiliating or destabilizing", the following behaviors that could be considered harassment at work are expressly prohibited:

 

• Systematically devaluing and disqualifying the work that is performed;

 

• Promote social isolation;

 

• Ridicule, directly or indirectly, a physical or psychological characteristic;

 

• Make recurring threats of dismissal;

 

• Not to assign any professional functions, which constitutes a violation of the right to effective occupation of the job;

 

• Systematically establish goals and work objectives that are impossible to achieve or deadlines that are unachievable to meet;

 

• Systematically assign extraneous or inappropriate functions to the professional category;

 

• Systematically appropriate ideas, proposals, projects and works, without identifying the author of them;

 

• Systematically disseminate rumors and malicious comments or repeated criticisms about workers;

 

• Systematically give confusing and inaccurate work instructions;

 

• Systematically request urgent work, without need;

 

• Transfer the worker from sector or workplace with the clear intention of promoting their isolation;

 

• Constantly shouting in order to intimidate people;

 

• Systematically create objective situations of "stress", in order to cause lack of control in the worker's conduct, such as: systematic changes or transfers of workplaces.

 

Article 4

Disciplinary Infraction and Sanctions

 

1. Whenever the employer becomes aware of the violation of the provisions of this Code of Conduct, it shall open a disciplinary procedure, which must begin within 60 days of the one in which the employer, or the hierarchical superior with disciplinary competence, becomes aware of the infraction (paragraph 2, Art. 329 of the CT).

 

2. The Administration and the Employees will denounce any irregular practices of which they are aware, providing due collaboration in any disciplinary proceedings or criminal investigation by the respective competent entities.

 

CHAPTER III
PROCEDURES IN CASE OF IDENTIFICATION OF CASES OF HARASSMENT

 

Article 5

Whistleblower and Witness Protection Regime

 

1. A specific protection regime shall be guaranteed for the reporting person and witnesses in proceedings related to harassment situations;

 

2.Dismissal or other sanction imposed, allegedly to punish an offence, up to one year after the denunciation or other exercise of rights relating to equality, non-discrimination and harassment shall be presumed to be abusive;

 

3. Special protection is guaranteed to whistleblowers and witnesses in judicial or administrative proceedings triggered by harassment, and they may not be disciplined except when they act with intent.

 

4. Employees of the Institution who report the commission of infringements of this Code, of which they become aware in the exercise of their duties or because of them, may not, in any way, be harmed, being assured anonymity until the deduction of accusation.

 

Article 6

Publicity of the Decision

1. It is guaranteed the impossibility of exemption from the ancillary sanction of publicity of the condemnatory decision when it is in question the practice of harassment that constitutes a very serious infraction and may generate criminal liability.

 

Article 7

Employer's Liability

1. The Employer is responsible for the reparation of damages arising from occupational diseases resulting from the practice of harassment, which will be fixed in its own regulation, this compensation being subrogated in the rights of the worker.

 

Article 8

Communication of Complaints of Harassment in the Workplace

 

1. The Authority for Working Conditions (ACT) shall provide and disclose the appropriate e-mail addresses for the receipt of complaints of harassment in the context of employment.

 

2. The practice of harassment by the employer, or by any representative of the same, reported to the Authority for Working Conditions (ACT), will be among the examples of just cause of termination of the employment contract by the worker.

 

Article 9

Disclosure, Commitment and Application

 

1. This Code of Conduct shall enter into force immediately upon its approval by the Administration and disclosure by all Employees.

 

2. This Code of Conduct is posted in its own and visible place, available for consultation and accessible to all those who collaborate with BACALHÔA-Vinhos de Portugal, SA

 

Approved by Administration