Thursday 2023-12-14

​​​​​​HELLA is continuously developing its compliance guidelines to constantly improve them. Additionally, there might also be a need for adjustments due to new legal requirements. For example, since the majority takeover of Faurecia, HELLA has to fulfil the requirements of the French anti-corruption law Sapin 2. Against this backdrop, a new anti-corruption guideline was introduced at the beginning of the year, the guideline for gifts and hospitality was adjusted and the guidelines for donations and sponsoring were improved. Now, a new guideline on dealing with conflicts of interest is being introduced. The "Speak Up - tellUS!" policy is also being supplemented in order to fulfil the current requirements of the EU Whistleblower Directive.

What is a Conflict of Interest? 

A conflict of interest refers to a situation in which an employee has a personal interest that could influence or appear to influence decisions made on behalf of FORVIA. For example, a conflict could arise if there is the possibility of gaining a personal benefit from a particular decision, or if an employee or a family member has an economic or personal interest in a business that may compete with FORVIA or has a business relationship with FORVIA. This interest may be a financial, economic, professional, political, personal or similar interest.

How can I declare a Conflict of Interest?

The Conflicts of Interest Guideline introduces two channels of declaring a conflict of interest: one for "on spot", i.e. immediate declarations, and another for annual declarations. Any employee can submit an "on spot" declaration at any time using this template. This is also available on the intranet under Compliance – Anti-Corruption - 8. Conflicts of Interest. [Access to the template is possible via the FORVIA account] Annual declarations, on the other hand, must be completed by those who are more exposed to such risks, for example in management, sales or purchasing positions.

What happens if a “potential” conflict of interest is reported?

Firstly, the process aims to identify and effectively resolve potential conflicts. Once the employee has made the declaration, the regional/local Compliance Officer will review the declaration to determine whether or not the situation constitutes a conflict of interest and will contact the employee directly if there are any queries. Where a conflict may not be cleared, the Compliance Officer and Human Resources will work with the employee and the relevant line manager to determine the next steps. Failure to report a conflict of interest in a timely manner may result in disciplinary action, up to and including termination.

What are critical conflict-of-interest situations? 
 

• Using confidential company information for your own benefit
• Being related to a job applicant within your organisation or hierarchical reporting line
• Working part-time for a company that, for example, sells a product that competes with FORVIA or its affiliates
• Providing paid services to a customer or supplier in your free time  
• Serving as an officer or on a management board of a competitor, supplier or customer of FORVIA or one of its affiliates
• Choosing to source from a supplier in which you have a personal or financial interest (e.g., selecting a consulting company of a close relative to do business with FORVIA or any FORVIA affiliate).

What content can be found in the new tellUS! Guideline?

Firstly, the guideline emphasises the relevance of the speak-up culture, i.e. addressing questions and concerns on site in direct contact with management, the HR department or other functions. It then describes when, why and how employees can use the web-based reporting channel tellUS! and what happens after a report.

What are the new features?

In particular, a new chapter has been added on whistleblower protection (confidentiality and against disadvantages due to reporting). The Directive thus addresses the requirements of the EU Whistleblower Directive, as implemented in particular by the German Whistleblower Protection Act.

For further information please refer to the Conflict-of-Interest Guideline (COD-COR-005)  
Let’s also have a quick look at the other new tellUS! Guideline (COD-GEN-005).