Page 246 - CRC_One Report 2021_EN
P. 246

Business Overview and Performance      Corporate Governance     Financial Statements   Enclosure



         employment contracts, the maximum number of renewals,   (1)  Criminal offences related to contacts with state officials
         and needs (for some situations) to provide guideline on   such as bribery or embezzlement of public fund;
         how to hire employees with a clear employment period.
         Legal entities hiring employees with clear employment   (2) Computer crimes/criminal offences related to
         period and temporary employees are under the            data processing;
         aforementioned legal stipulations.
                                                              (3) Organized crimes;
         Companies in Italy must comply with Legal Guideline on
         Employment No. 68/1999. Under this legal framework,   (4) Public frauds (such as currency counterfeiting, credit-card
         companies must hire physically challenged persons       or revenue-stamp forgery);
         as well as members of protected groups such as orphans
         and war widows. There are specific guidelines on     (5) Crimes done to trade and industries;
         how to calculate the number of physically-challenged
         or vulnerable employees, as well as how to fulfill   (6) Corporate crimes (bribery within private sector);
         employers’ other duties.
                                                              (7) Terrorism or overthrowing of democratic system;
         Moreover, criteria laid down by Decree No. 81/2008
         require that companies implement safety measures     (8) Crimes related to female genital mutilation;
         so as to prevent accidents at workplaces as well as
         occupational health problems.                        (9) Crimes done to a person (including some illegitimate
                                                                 forms of employment);
         8. Laws on Legal Entities’ Liabilities
                                                              (10) Crimes related to unfair practices in the market
         Legislative Decree No. 231 dated 8 June 2001 (“Decree 231”)     (such as insider trading);
         lays down guideline on legal entities’ administrative
         liabilities. This guideline applies to companies as well as     (11)  Crimes namely manslaughter and a violation of
         associations, regardless of whether they are legally    hygiene/workplace safety laws that cause serious
         recognized as juristic persons or not. Duties and liabilities    injuries or serious accident to a person;
         of legal entities are referred to as administrative duties
         and liabilities even when liabilities arise out of crimes.   (12) Crimes related to acceptance of stolen items, money
         The Criminal Court shall be responsible for handling    laundering, use of ill-gotten money or goods, and
         cases related to administrative liabilities through     self-laundering;
         criminal proceedings.
                                                              (13) Intellectual-property crimes;
         Decree 231 applies to various cases and to any company
         (hereinafter called “organization”). Under this decree,   (14) Persuading a person to not respond to a request of
         organizations may be liable to criminal actions done    or providing false information to judicial officials;
         for their benefits with persons taking liabilities for
         (collectively referred to as “representatives”) such events    (15) Environmental crimes (including actions that have
         are: (a) person holding the highest position that represent    just been classified as crimes namely polluting
         the organization, the Management, or executives         environment and causing environmental disasters);
         in any line of the organization who can act alone
         in regard to finance and operations, or persons involved   (16) Hiring illegal migrants;
         in the management of the organization; and (b)
         the person holding the next lower level or persons under   (17) Racist and xenophobic crimes; and
         the command or supervision of the highest executive.
                                                              (18) Some types of international crimes.
         Organizations shall have to take administrative liabilities
         for crimes, including:



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