Introduction of the whistleblower system

Dear Colleagues

DB Cargo Hungária Kft (hereinafter referred to as the Employer) operates an internal whistleblowing system in accordance with Act XXV of 2023 on Complaints, Public Interest Notifications and Rules Related to Whistleblowing (hereinafter referred to as the Complaints Act).

The purpose of the operation of the system is to guarantee the possibility of reporting abuses or violations of the law while protecting the whistleblower. In this notice, the Employer informs the persons entitled to report, the notifiers and other participants of the procedure about the course of the procedure, the fundamental rights and obligations of the participants.

What can be reported?
Information about an unlawful or suspected unlawful act or omission, or other misuse.

Who can make a report?

You can report to the internal whistleblowing system:

a) employed by the Employer,

b) an employee whose employment relationship with the Employer has been terminated,

c) a person wishing to enter into an employment relationship with the Employer, in the case of whom the procedure for the establishment of such a legal relationship has been initiated,

d) and Article 20 of the Complaints Act. (3) of the Criminal Code.

With regard to the notification, any legal relationship in which the employee performs activities for and under the direction of the Employer for a fee or employs himself or herself (including not only the employment relationship, but also the agency relationship) qualifies as an employment relationship; An employed person is a natural person who performs an activity for and under the direction of the Employer within the framework of an employment relationship, for consideration, or performs self-employment.

How and where can I make a report?

The person entitled to report may submit their complaint orally (by recording a report), in writing, by e-mail and via the web interface. The notification can be made: A DB Cargo Hungária Kft compliance coordinator: Dr. Fehér Gábor Zsolt gabor.feher@deutschebahn.com;

If there is a suspicion of a serious violation of legal requirements and you wish to report anonymously at the following contact details, you can do so even in Hungarian:
Tel.: +49 (0) 30 297-62710
www.bkms-system.net/deutschebahn

What kind of protection does the person get, who makes the report?

During the investigation, DB Cargo Hungária Kft. is obliged to ensure that the whistleblower does not suffer any adverse consequences. Any measure that is detrimental to the whistleblower and that is taken due to the lawful filing of the report and that is implemented in connection with a legal relationship or relationship with the Employer is considered unlawful. Further details are provided in Section 41 of the Complaints Act.

The whistleblower is not entitled to whistleblower protection, according to Section 48 of the Complaints Act. ( e.g. misuse of classified information, violation of the rule of attorney-at-law or medical confidentiality)

Employees and contributors involved in the investigation of reports are bound by confidentiality.

The state shall provide the applicant with the subsidies specified in Act LXXX of 2003 on Legal Aid in accordance with the conditions set out therein. It provides information and advice to the whistleblower on the procedures and legal remedies available to whistleblowers, the rules related to the protection of whistleblowers under the Complaints Act, and the rights and obligations of whistleblowers under the Complaints Act.

What happens after the announcement?

The complaint shall be investigated within thirty days of receipt of the notification, and if, in view of the complexity of the case, the investigation is expected to last longer than thirty days, the complainant shall be informed of this, indicating the expected date of the investigation and the reasons for the extension of the investigation at the same time. The deadline for handling a complaint or a report of public interest may not exceed six months in this case either.
On the basis of the complaint, if it proves to be well-founded, DB Cargo Hungária Kft. will ensure the restoration of the lawful state and the taking of the otherwise necessary measures, the elimination of the causes of the detected defects, the remedy of the injury caused and, in justified cases, the initiation of liability.