inglese italiano

Code of Ethics

INTRODUCTION

Compagnia Marittima Meridionale Srl is the company that manages the Calata Porta Massa Maritime Station in the Port of Naples, intended for reception and support services for passengers in transit to and from the Major Islands – Sicily, Sardinia, Aeolian Islands; to and from the islands of the Gulf of Naples-Ischia, Capri and Procida.
In particular, the ferries that make daily connections to the islands of the Gulf of Naples, operated by the shipowners Caremar and Medmar from/to Ischia, Capri and Procida, moor at the docks of Calata Porta Massa overlooking the Maritime Station.
Furthermore, the scheduled ships of the shipowners Tirrenia – Compagnia Italiana di Navigazione, Siremar and Grimaldi Lines operate at the adjacent RO-RO Ferry Terminal.
Inside, there are the TICKET OFFICES of the TIRRENIA-SIREMAR-GRIMALDI LINES- CAREMAR-MEDMAR shipowners; present service Bar and fast food restaurant, tobacconist and tax stamps, bookshop; BANCA di CREDITO POPOLARE agency with its ATM and Cassa Continua; Parapharmacy; Car rental; Travel and Tourism Agency; luggage storage service.
The waiting rooms are equipped with electronic display boards with the destinations and departure times of the ships, ambient audio and free Wi-Fi, PMR toilets, 24-hour Steward service with prevention and assistance activities.
At the Maritime Station of Calata Porta Massa we also find services offered by the “VIVAVIAGGI” travel agency where you can purchase travel packages in Italy and abroad, air-railway-sea tickets, tickets for day trips and excursions (also with private driver), museums and Campania ArteCards.
Lounge rooms reserved for business travelers or families who, arriving a few hours early, would like to relax in a lounge with private facilities are also available upon reservation.
On the upper floors, there is a conference room with sea view for approximately 85 seats and prestigious medium and large management offices. The Company, with the adoption of this Code of Ethics, aims to indicate and disseminate a system of values ​​and common behavioral rules, in order to encourage the maintenance of morally correct conduct as well as compliance with the legislation in force in relations between the Company and its external and internal interlocutors.
A further purpose pursued by the provisions of the Code of Ethics is to prevent the commission of illegal acts or irresponsible behavior that could be carried out by those who operate in the name or on behalf of the Company; finally, the adoption of the Code constitutes a return of positive image, reputation and credibility in external relations and a source of inspiration for trust for customers.
CMM S.R.L undertakes to respect and enforce the laws in force by all those who, at various levels of responsibility, contribute with their actions to the carrying out of its activity, including consultants and/or external collaborators however named, and will not start or no relationship will continue with anyone who does not intend to align themselves with this principle.
Corporate relationships at all levels must be inspired by criteria and behaviors of loyalty, honest collaboration, mutual dialogue and aimed at sustainable growth of the value created. In particular, the Company bases its activity on compliance with the following value parameters:

  • moral integrity, personal honesty, correctness and transparency in internal and external relationships;
  • respect for employees and collaborators with a commitment to enhancing their professional skills;
  • attention and commitment to social issues;
  • the protection of health, safety and the environment,

and, more generally, the rejection of any conduct which, although aimed at achieving a result consistent with the interests of CMM S.R.L, presents aspects that are not compatible with an organizational and management model characterized by absolute compliance with the laws and regulations behavioral and procedural rules that apply within CMM S.R.L.

 

1. RECIPIENTS AND SCOPE OF APPLICATION

The Code of Ethics applies to all those who, in any capacity, provide their contribution in carrying out the business activities of CMM S.R.L and in the pursuit of its objectives, namely:

  • Corporate bodies (Shareholders, Board of Directors, as well as any other person who exercises, even de facto, powers of representation, decision-making and/or control within the Company);
  • Employees formally included in the workforce, both on the basis of subordinate employment contracts and on the basis of freelance-professional relationships;
  • Commercial partners (suppliers, contractors, subcontractors, etc.), non-staff consultants and anyone who provides (individually or in association) services in the name and/or on behalf of the Company or in any case under its control.</ li>

All recipients undertake to pursue their objectives with loyalty, seriousness, honesty, competence and transparency, in absolute compliance with the laws and regulations in force and under no circumstances, the conviction of acting in the interest and/or to the advantage of the Company, justifies the performance of actions, omissions or behaviors contrary to the principles and values ​​enshrined in this Code. It is the right/duty of all recipients to contact their superiors or the CEO in case of need for clarification on the methods of application of the rules of the Code of Ethics, as well as promptly reporting to the CEO any information relating to possible violations of the Code itself, collaborating with the structures responsible for their verification.

 

2. RELATIONS WITH HUMAN RESOURCES

CMM S.R.L considers its Human Resources a fundamental and essential element for company progress and success and therefore promotes working conditions that allow the development of the personality and professionalism of each of its employees. In the selection phase and, more generally, in personnel management, discriminatory behavior or behavior aimed at encouraging forms of clientelism, nepotism or at attributing undue advantages to certain people is not permitted. Employees are hired with regular employment contracts: the Company applies the social security, contributory and insurance treatment provided for by the regulations and employment contracts in force. Any form of irregular work is not tolerated. The Company promotes and enhances an information and training system for its employees that is not only professional but also ethical. The Company plans to optimize the use of Human Resources, aligning its decision-making processes with the criterion of seeking maximum efficiency and achieving objectives. To this end, human resources are employed following criteria of merit, effectiveness and efficiency, in compliance with the law, the collective bargaining applied and the relevant ethical principles. The Company does not practice, nor tolerate the practice of, any discrimination against its employees and observes the principle of equal opportunities without distinction of age, sex, race, religion, physical handicap, citizenship, marital status or sexual orientation. CMM S.R.L requires that its employees, as well as anyone who carries out work or professional activities, even occasionally, on its behalf, undertake to maintain a climate of respect for the dignity, honor and reputation of each person in the company. Any form of intimidation, illicit influence or undue discomfort, as well as any form of sexual harassment, must always be avoided. Each employee must orient their work towards professionalism, correctness, loyalty and honesty, collaborating with colleagues, hierarchical superiors and collaborators, to achieve the company objectives; must carry out their work activities, regardless of the level of responsibility, efficiently, adhering to the instructions given by higher hierarchical levels; must report to their manager or hierarchical superior any conflict between the provisions received and the law, the employment contract, internal regulations and this Code of Ethics. All staff are prohibited from using narcotic substances and drinking alcohol while working and are prohibited from carrying out their duties under the influence of the aforementioned substances. The possession and/or distribution and/or dissemination of child pornography material is prohibited. No employee may be fired, demoted, suspended, or discriminated against in any way in their employment treatment: • for refusing to carry out provisions contrary to the Code of Ethics; • for refusing to pay any benefit not in line with company provisions, even if such refusal gave rise to the loss of a business or other prejudicial consequence for the company; • for reasons connected (directly or indirectly) to reports made in good faith.

3. RELATIONSHIPS WITH THE OUTSIDE

3.1 RELATIONS WITH THE PUBLIC ADMINISTRATION

The assumption of commitments and the management of relationships, of any kind, with the Public Administration are reserved exclusively to the Company functions responsible for this and to the personnel authorized to do so. In relations with public entities, representatives, employees and/or collaborators are not permitted to: – pay or offer, directly or through third parties, sums of money or gifts of any kind or entity, to compensate or repay public officials or persons appointed of public service or other/different employees of the Public Administration (or other public institutions) or their family members, of an act of their office or to obtain the execution of an act contrary to the duties of their office or to obtain favorable treatment or mislead someone, using artifice or deception for the purpose of obtaining an unfair profit to the detriment of the State, another public body or the European Union. In particular, compliance with the law and correct commercial practice in the face of tenders, negotiations, concessions, licenses, etc. is recommended. and requests for financing, contributions, grants and disbursements from the State or other entities belonging to the Public Administration; – use or present false declarations or documents, or omit information required to obtain contributions, loans, subsidized mortgages or other payments of the same type granted or provided by the State, other public bodies or the European Union; – allocate to a different use a loan obtained from the state, or from another public body or from the European Union to encourage initiatives aimed at the realization of works or activities of public interest; – alter the functioning of an IT or telematic system by manipulating the data or programs contained therein in order to obtain an unfair profit and damaging the State or other public body; – influence in any way the decisions of representatives of the Public Administration in an improper and/or illicit manner (such as, for example, soliciting and/or accepting and/or paying and/or offering them, directly or through third parties, sums of money or other benefits in exchange for favors, compensation or other advantages for oneself or for the Company). Acts of commercial courtesy (such as, for example, gifts or forms of hospitality) are permitted only if they do not exceed normal commercial and/or courtesy practices and if, in any case, they are such as not to compromise impartiality and integrity. independence of judgment of the representative of the Public Administration; – receive, even indirectly, money or other benefits to omit or delay acts or perform acts contrary to the official duties of the public official (art. 357 of the criminal code) or of the person in charge of a public service (art. 358 of the criminal code); – aiding and abetting, pressure or other forms of privilege on the part of all those who operate in the name and on behalf of the company in the management and relations with the Public Administration are prohibited. contractor to induce it to adopt favorable attitudes or decisions in favor of the Company in an illicit manner and contrary to the principles of this Code. Any circumstance deemed anomalous must be brought to the attention of the CEO.

3.2 RELATIONS WITH THE CLIENT

In relations with clients, both public and private, the Company ensures correctness and clarity in commercial negotiations and diligent contractual fulfillment.

3.3 RELATIONSHIPS WITH COMMERCIAL PARTNERS

In the event of the establishment of partnerships or companies, consortia or other forms of aggregation, even temporary, based on joint participation in public procurement procedures, the Company respects current legislation and the principles of this Code of Ethics and ensures the transparency of the agreements avoiding the signing of any secret pact or agreement and/or contrary to the law. In any case, the company chooses as partners only individuals with proven integrity, moral and professional honesty, competence and commercial solidity and guarantees maximum confidentiality of the data and documents received or exchanged during negotiations and during the collaboration relationship. In particular, the Directors, employees and collaborators of the Company must: • ensure that business combinations operate in line with the principles contained in this Code; • maintain relationships with partners inspired by criteria of transparency and correctness; • do not spread information about the activities of competitors which could bring about their professional discredit and could damage the company of others.

3.4 RELATIONSHIPS WITH CUSTOMER

The Directors, Employees and Collaborators of CMM S.R.L must behave professionally and correctly in relations with customers and provide complete and truthful information in order to guarantee their maximum satisfaction. Any contact with subjects who lack the necessary requirements of seriousness and commercial reliability, or who carry out activities which, even indirectly, hinder human development and contribute to violating fundamental human rights is prohibited. When starting commercial relationships with new customers, or in managing existing relationships, relationships, even indirect ones, must be avoided with subjects whose belonging to criminal organizations, including mafia-type, or terrorist organizations, or in any case implicated in illicit activities. In relations with customers, both private and public, CMM S.R.L guarantees maximum confidentiality and compliance with all privacy regulations. In the context of commercial relationships, it is forbidden to engage in conduct that could damage the trust of customers, while at the same time harming the transparency and security of the market. In order to maximize the quality of its services, the Company uses the international certification standard UNI EN ISO 9001:2015 and 14001:2015.

3.5 RELATIONSHIPS WITH SUPPLIERS AND OTHER PROVIDERS OF GOODS OR SERVICES

CMM S.R.L, to protect its image and safeguard its resources, does not entertain relationships of any kind with suppliers and consultants who are implicated in illegal activities or who do not intend to operate in strict compliance with current legislation or who refuse to conform to the values ​​and to the principles set out in this Code. The choice of suppliers and the purchase of goods and services are carried out not only on the basis of economic evaluations (price convenience) but also taking into account the skills, competitiveness, respectability and reputation of the Supplier and the quality of the products/services offered . The choice and evaluation of the Supplier take place according to the methods established in the internal procedures adopted by the Company and the documentation of the entire selection, evaluation and purchase procedure is kept, such as to allow the reconstruction of each operation. CMM asks all its suppliers and consultants to sign a termination clause in the event of serious or repeated violations of the principles contained in the Code of Ethics or the commission of a crime provided for by Legislative Decree 231/01 and subsequent amendments. Therefore, in the event in which a Supplier who carries out his activity in the name and on behalf of the Company adopts behaviors not in line with the general principles of this Code, the Company is entitled to take appropriate measures to preclude any other opportunities for collaboration and terminate the contracts in progress.

3.6 RELATIONSHIPS WITH CONTRACTORS AND SUB-CONTRACTORS

The Company, before assigning contract or sub-contract work, proceeds to verify the technical, economic-financial and legal suitability of the potential contractor and/or sub-contractor by following the methods indicated in the Company’s internal procedures. CMM S.R.L asks all its contractors/subcontractors to operate in compliance with safety and environmental regulations and more generally in compliance with current legislation. The Company prohibits all its contractors/subcontractors from any behavior or act that may be linked to crimes relating to criminal association and asks them to sign a termination clause in the event of serious or repeated violations of the principles contained in the Code of Ethics or of commission of a crime provided for by Legislative Decree 231/01 and subsequent amendments.

3.7 RELATIONS WITH PARTIES, TRADE UNIONS AND ASSOCIATIONS

The Company does not make contributions in any way to political parties, movements, committees and organizations that have political and/or trade union purposes, to their representatives and/or candidates, which are not permitted under current legislation. Relations with political parties, trade unions and other interest-bearing associations are maintained by the Company Representatives authorized for this purpose or the persons delegated by them, in compliance with the provisions of this Code, as well as the Articles of Association and special laws, with particular regard to the rules of impartiality and independence. CMM S.R.L maintains relationships with trade union organizations that comply with current legislation, with a view to respect, transparency and a spirit of collaboration. No form of discrimination or favoritism based on membership of trade unions, associations, organizations or political parties is permitted. Everyone has the right to freely choose which trade union or political organization to join, based exclusively on their needs, beliefs or ideologies, in compliance with current laws. Any form of involvement in political activities must however take place on a personal basis, at one’s own expense and in accordance with the law.

4. USE OF COMPANY ASSETS

The employees and other subjects addressed by the Code who carry out their work function having company assets at their disposal are responsible for their conservation. In particular, employees and other subjects addressed by the Code are required to: – maintain responsible behavior that respects the operating procedures established to regulate the use of company assets; – avoid using company assets for purposes contrary to mandatory provisions of law, public order or morality and to commit or induce the commission of crimes and/or in any case racial intolerance, glorification of violence or violation of human rights; – request and obtain the necessary authorizations to use the asset outside the company environment. Any use of company assets outside of company activity may involve economic damage, damage to image, competitiveness, etc. to the Company which may be aggravated by criminal and administrative sanctions for any offenses and consequently the need to take disciplinary measures against the recipients.

5.GIFTS, GIFTS AND OTHER UTILITIES

In relationships with Customers, Suppliers and Third Parties in general, no form of bribe is permitted, such as offers or concessions, direct or indirect, personal gifts or money which are aimed at obtaining undue advantages (e.g. promises of economic advantages , promises of work whether subordinate or in the form of consultancy, provision of services, recommendations, favours, trips, etc.) or in any case connected to acquiring or reserving preferential treatment in the execution of any activity connected to the company. In any case, gifts offered are permitted as long as they are of modest value, comply with any applicable legislation and in any case do not compromise the integrity and reputation and do not influence the autonomy of judgment of the Recipient. Any gift can be made exclusively by persons expressly authorized by the Company and must not exceed normal commercial practices. Furthermore, it is not permitted to receive or give gifts whose sole purpose is to alter the impartiality in carrying out the activity carried out or received.

6. MANAGEMENT OF LIBERAL DONATIONS AND CONTRIBUTIONS

The Company provides donations or grants contributions only in favor of public institutions, bodies, foundations and legally recognized non-profit associations with the main purpose of assistance, charity, education, culture, recovery of artistic heritage, study or scientific research, or the implementation of socially useful projects. All donations and/or contributions are expressly authorized by the governance and never with the aim of obtaining any illicit advantage. Under no circumstances does CMM S.R.L make donations or grant contributions through cash payments (over €50.00) or into encrypted current accounts. All payments made for contributions or donations are accurately recorded in the accounting books and records.

7. ANTI-MONEY LAUNDERING

CMM S.R.L operates in full compliance with anti-money laundering regulations and the provisions issued by the competent authorities. The Company does not tolerate its Employees and/or Collaborators carrying out commercial operations that are not very transparent or are in any case suitable, even potentially, to encourage the laundering and use of money, goods or benefits of illicit origin. It is also forbidden to establish business relationships with commercial counterparties, consultants and suppliers without having previously verified their moral integrity, their respectability and the legitimacy of their activity. The Company ensures the traceability of every financial transaction and full compliance with anti-money laundering laws where applicable.

8. INFORMATION SYSTEMS

The IT system and in general the technology adopted within the Company must always be used only in relation to carrying out one’s work activity and in compliance with current legislation. The Company prohibits any conduct aimed at downloading borrowed or unauthorized software onto company information systems or otherwise duplicating programs without the necessary license, in violation of copyright. Furthermore, any use of IT and communication systems that is not respectful of people and their dignity is prohibited and accessing or downloading images or files from sites with offensive or indecorous content that violates human dignity is also prohibited. The Company implements all necessary measures to report any anomalies, access to prohibited or unauthorized sites or other behavior in violation of copyright.

9. PRIVACY PROTECTION

The Company ensures compliance with privacy legislation (Legislative Decree no. 196/2003 and subsequent amendments and additions, EU Regulation No. 2016/679), with particular regard to sensitive data relating, among other things, to the private sphere , the political and personal opinions, the emotional and sexual orientation of each of its employees, and, more generally, of all the subjects who establish relationships with the company. The Companies also ensure the confidentiality of the information in their possession obtained from the management of external relationships (Customers, Suppliers, etc.) and implement the necessary actions to prevent the use of confidential information for the purpose of acquiring competitive advantages. Each Employee must acquire and process only the data and information necessary and directly connected to his functions and store said data in such a way as to prevent third parties from gaining knowledge and/or viewing it.

10. SAFETY

The Company ensures a suitable working environment from the point of view of employee health and safety, equipped with rooms, furnishings and equipment suitable to guarantee hygiene and healthiness. Employees are provided with all the safety equipment required by law and, in any case, necessary in relation to the services performed. CMM S.R.L, in order to minimize the potential risks of accidents in the workplace, has undertaken to increasingly encourage management and employees to comply with current legislation. Company representatives who hold sensitive roles for health and safety purposes are required to comply with the rules and obligations deriving from this in terms of prevention and protection, setting themselves, however, objectives of excellence that go beyond mere compliance, in full awareness of the value represented by the protection of the health, safety and well-being of the person.

11. ENVIRONMENT

CMM S.R.L conducts its business in full compliance with current environmental legislation, scrupulously observing all laws and other requirements applicable to its activities and its environmental impacts. All CMM S.R.L staff takes part in the process of preventing environmental protection risks in relation to their duties.

12.TRANSPARENCY IN ACCOUNTING

12.1. ACCOUNTING RECORDS

The Company operates with the awareness, with respect to accounting information, of the importance of truth, transparency, accuracy, completeness and compliance with current regulations. In particular, operations and transactions that impact administrative-accounting management are carried out through systems and tools that identify, prevent and manage financial and operational risks and possible fraud to the detriment of the Company. Therefore, every operation and transaction carried out by employees and/or Recipients of the Code must be verifiable, correctly authorized and recorded. Furthermore, each operation and/or transaction, in compliance with existing procedures, must be supported by adequate documentation that allows checks to be carried out that certify the type, motivation, authorizations and registrations. Behaviors that give rise to the recording of fictitious transactions, the recording of transactions in an incorrect or undocumented manner, or the failure to record commitments, which could give rise to responsibilities or obligations of the Company, are prohibited.

12.2 TRACEABILITY, INTEGRITY OF DOCUMENTATION

The Recipients of the Code of Ethics, in compliance with company procedures, must conserve and archive the documentary support of each operation carried out, to proceed with the verification of the reasons and characteristics of the main phases of a transaction (authorisation, execution, registration and verification of the operation ). Therefore, every financial document (accounting report, staff time sheets, work progress reports, etc.) and/or in any case relating to the Company’s activity or organization must accurately and clearly represent the main components and nature of any transaction.

13. ADOPTION, UPDATE, MODIFICATIONS AND VIOLATIONS

13.1. ADOPTION

The Code of Ethics and its future updates are approved by the Company’s Board of Directors. The Company undertakes to disseminate this Code of Ethics inside and outside the company, using adequate means.

13.2. UPDATE AND CHANGES

The Company takes care of the periodic updating of the Code, in order to keep its contents constantly adapted to current legislation and the actual company reality. Any proposals to update or modify the Code can also be presented directly to the CEO by each employee or member of the corporate bodies or organisations. The CEO is however required to evaluate each proposal received. No one, outside of the specifically and explicitly designated functions, can make changes or additions to the Code of Ethics, or issue provisions or directives that are in conflict with its content.

13.3. VIOLATIONS

The violation of the principles established in this Code damages the relationship of trust between the Company and the transgressor and is prosecuted, promptly and immediately, through adequate and proportionate disciplinary proceedings, regardless of the possible criminal relevance of the conduct undertaken and/or the establishment of a criminal proceeding where there is a possibility of a crime. It is important to remember that any violation could be a source of serious economic damage for the Company, and this on the basis of the general principles regarding civil liability, as well as as a consequence of the possible application of the sanctions provided for by Legislative Decree 231/01 which regulates the liability of legal persons for administrative offenses resulting from crime. Given this, in addition to the application of disciplinary sanctions, the Company reserves the right to take any other action necessary to protect its interests.

13.3.1 METHOD OF APPLICATION OF SANCTIONS

Any violation of this Code, committed by employees, will lead to the adoption of disciplinary measures, proportionate to the seriousness or recidivism of the fault or the degree of the fault, in compliance with the provisions contained in the applicable employment contracts, of the collective bargaining agreement applied to the internal of the Company and the discipline referred to in the art. 7 of Law 20 May 1970, n. 300 (so-called Workers’ Statute). With regard to Directors and/or any other top-level subjects, violation of the rules of this Code entails the adoption of measures proportionate to the seriousness or recidivism of the non-compliance or the degree of guilt, up to and including revocation of the office for just cause. . For employed personnel, violation of the Code entails the imposition of a sanction among those provided for by the employment contract or by the category CCNL, applicable according to criteria of proportionality to the infringement. For third-party violators, the violation entails the payment of a penalty, or, in the most serious cases, the termination of the contractual relationship and/or the initiation of a legal, civil or criminal initiative. To this end, it is appropriate to remember that any violation could be a source of serious economic damage for the Company, and this on the basis of the general principles regarding civil liability, as well as as a consequence of the possible application of the sanctions provided for by Legislative Decree 231 /01 which regulates the liability of legal persons for administrative offenses resulting from crime. The amount of the sanction must in any case be proportionate to the seriousness of the violation found.

14. OBLIGATION TO REPORT VIOLATIONS

If any Recipient becomes aware of situations, even potentially illegal or contrary to the principles expressed in this Code of Ethics, which directly or indirectly benefit CMM S.R.L or are committed in its interest, he must immediately inform the CEO, or his delegate, giving notice in writing, even electronically, with exemption from the obligation to observe the pre-established hierarchical order. Failure to comply with the duty to inform may be sanctioned. The reports received are quickly examined and treated by the CEO according to the seriousness of the facts. Any sanctions are assumed and imposed based on the disciplinary system adopted by the Company pursuant to Legislative Decree 231/2001. Since relationships between Employees, at all levels, must be based on criteria and behaviors of correctness, loyalty and mutual respect, abuse of the duty of information regulated by this chapter for the purpose of retaliation or merely emulation is punishable. For prevention purposes with respect to this legislation, it is the duty of each recipient of the Code to verify, within the scope of their knowledge and skills, the correctness of the processes in which they are called upon to participate, immediately communicating to the hierarchical superior, to the internal contact person or, if this is not possible or appropriate, to the CEO of any violation of the Code or behavior that does not appear to comply with good rules of conduct, entrepreneurial correctness or which, in his opinion, could even constitute a crime. The omission of this communication in turn constitutes a violation of this Code.

15. RIGHT OF DEFENSE

In any case, the bodies that proceed to apply the disciplinary sanctions must guarantee that the interested party receives adequate, timely and confidential communication of the infractions detected and has a suitable deadline, not less than 15 days, to submit their deductions, defenses and ask to be heard.