PROTECTION OF WHISTLEBLOWERS
The Law on the Protection of Whistleblowers of the Republic of Lithuania (hereinafter referred to as the "Law") establishes a mechanism for the protection of persons who have provided information on an infringement in an institution with which they are or have been bound by service, employment or contractual relations. The Law also establishes the rights and obligations of persons who report infringements in institutions, the grounds and forms of their legal protection, as well as measures to protect, encourage and assist such persons, in order to enable them to report infringements of the law that threaten or violate the public interest, and to ensure the prevention and disclosure of such infringements.
Under the Law, information on infringements is provided in the following situations:
- endangerment of public safety or health, or a person's life or health;
- danger to the environment;
- obstruction or improperly influence of investigations by law enforcement authorities or the administration of justice by the courts;
- financing illegal activities;
- illegal or non-transparent use of public funds or assets;
- illegally acquired wealth;
- concealing the consequences of an infringement, obstructing the determination of the extent of the consequences;
- other infringements.
Information on infringements is provided in order to protect the public interest. Providing information for the purpose of defending an exclusively personal interest does not constitute a communication.
In order to effectively implement the provisions of the Law, the Government of the Republic of Lithuania, by Resolution No 1133 of 14 November 2018 "On the Implementation of the Law on the Protection of Whistleblowers of the Republic of Lithuania", has approved:
- Description of the procedure for remunerating whistleblowers in return for valuable information;
- Description of the procedure for compensating whistleblowers for any adverse effects or potential effects resulting from the submission of a notification;
- A description of the procedures for the implementation and functioning of internal channels for providing information on infringements, which sets out the requirements for the implementation of internal whistleblowing channels in institutions, their functioning, the submission, investigation, handling and confidentiality of information provided with notifications on infringements within the institution.
A notification of possible preparation, performance or previous conduct of a criminal offence, administrative offence, official misconduct or violation of professional duties, as well as a serious violation of the mandatory norms of professional ethics or any other offence threatening or infringing the public interest in the relevant company of the UAB "MANTINGA GROUP" group of companies (hereafter referred to as the "Company"), can be submitted by the following persons:
- a person who has or has had an employment relationship with the relevant Company,
- or a person who has or has had a contractual relationship (consultancy, contract, internship, traineeship, volunteering, etc.) with the relevant Company,
- or a person who has or has had an employment or other pre-contractual relationship with the relevant Company,
- or a person with a self-employed status,
- or a shareholder or a person belonging to the administrative, management or supervisory body of the Company (including non-executive members as well as volunteers and paid or unpaid trainees),
- or any natural person working under the supervision and direction of contractors, subcontractors and/or suppliers.
The Order of the Head of the Company approves the Procedure for the submission and handling of notifications of infringements (hereinafter referred to as the "Procedure"), which establishes the administration of the submission of information on infringements through the Company's internal whistleblower channel and the procedure for the receipt of notifications, registration of the submitted information, transmission for processing, investigation and notification of the notifier. You can familiarize yourself with the Procedure here.
We recommend that you report the infringement to the Company by filling in the infringement notification form (download the form here).
When submitting a free-form notification, it must state:
- Who, when, in what way prepares to, performs or have previously made an infringement;
- The date and circumstances of knowledge of the infringement;
- Name, surname, personal code, workplace, other contact details of the person providing the notification;
- Where possible, any available documents, data or information that might reveal the elements of a possible infringement.
- The fact that the notification is made in accordance with the provisions of the Law on Protection of Whistleblowers.
Confidentiality will apply in relation to the person reporting the infringement.
The confidentiality requirement shall not apply where: 1) the information about the infringement requests is provided in writing; 2) the person provides information that is knowingly untrue.
The person may submit the notification to the relevant Company in one of the following ways:
UAB „Mantinga Logistics“:
- By sending the Notice to the Company by post to the following address (Sasnavos str. 18, Marijampolė). In case the notification is sent by mail, it must be marked as such on the envelope: "Notification of infringement addressed to the Responsible employee of UAB "MANTINGA LOGISTICS", to be delivered in person, unopened";
- At any time (during business hours and non-business hours) by sending a Notice to the Company's email address praneskML@mantinga.lt.
Chief accountant Jolanta Kavaliauskienė has been appointed by the Company to administer the internal notification channel and she is responsible for compliance with the requirements of the Law on Whistleblower Protection. In her absence (due to illness, vacation, or other reasons) Ieva Žemaitė will take her place.
The legal remedies of the person who has provided information on the infringement, which shall protect against adverse effects of the measures referred to in Clause 11, parts 3 and 5 of the Law:
- Where a person who has provided information about an infringement through the Company's internal whistleblowing channel is adversely affected, he/she shall submit a report to the Public Prosecutor's Office of the Republic of Lithuania, which shall decide on the issue of the person's recognition as a whistleblower.
- A person who provided information on the infringement, the notifier and the persons referred to in Clause 10 part 3 of the Law (family members, relatives, colleagues of the notifier working in the institution or in any other legal entity with subordinate links to the institution where a family member, relative or colleague of the reporter has been involved) may apply to the court for their rights protection in respect of the consequences of the negative impact measures they have suffered.
The rights and guarantees of the person providing information on infringements and the exemption from liability for disclosure is applied as set out in Clause 3 part 3 of the Law:
- Persons who report criminal offences of a corrupt nature may be subject to assistance, protection and promotion measures in accordance with the procedures laid down in the Law.
- Where the person submitting the information on the infringement submits, in accordance with the procedure laid down in the Law, information relating to commercial (industrial) secrecy, professional secrecy, bank secrecy, or confidential information relating to an institution or the private life of a person, such submission shall not be considered as a commercial (industrial) secrecy, bank secrecy, or confidential information concerning an institution or the private life of a person, except for the exception referred to in Clause 4 part 10 of the Law concerning the provision of information to the public about an infringement, as well as in cases where the disclosure of information constituting a professional secret to the competent authority would be contrary to the laws regulating individual professional activities and to the European Union law.
- The person who has provided information about the infringement shall not be subject to any contractual or tort liability for providing the information, including liability for defamation, if, when providing information about the infringement in accordance with the procedure laid down in the Law, he or she reasonably believed that he or she was providing correct information.
- The person providing the information on the infringement shall only be liable for damage caused by the provision of the information if it is proved that the person could not reasonably have believed that the information he or she provided on the infringement was correct.
- If the person providing information about the infringement has provided the information anonymously, the measures of protection, promotion and assistance provided for in Article 8 of the Law shall apply in cases where his or her identity has been disclosed and it is necessary to protect him or her from adverse effects.
- The provision of information which is known to be false, or information which constitutes a state, official or professional secret, shall not confer on the person providing the information the guarantees under the Law. A person who knowingly provides false information or who discloses a state, official or professional secret shall be liable in accordance with the procedure laid down by law.
Basic rights and safeguards to protect, promote and assist whistleblowers:
- ensuring secure channels for reporting infringements;
- ensuring confidentiality;
- prohibition of adverse effects;
- the right to receive remuneration for valuable information;
- the right to compensation;
- ensuring free legal aid;
- exemption from liability;
- the right to receive full, impartial information and free advice on procedures and rights protection measures when providing information on infringements;
- other rights and guarantees provided for in the Law and in the description of the procedure for establishing and ensuring the functioning of the internal infringement notification channels.
Notifications under the Law on the Protection of Whistleblowers of the Republic of Lithuania:
- 2020-2023 The companies have not received any notifications under the Law on the Protection of Whistleblowers.