1. FRAMEWORK
With the approval of Decree-Law no. 109-E/2021, of 9 December – General Regime for the Prevention of Corruption (‘RGPC’) – the entities described in article 2 are required to adopt and implement a Plan for the Prevention of Risks of Corruption and Related Offences (‘PPR’), which covers, in accordance with the provisions of article 6.1, ‘its entire organisation and activity, including administrative, management, operational or support areas, and which contains:
- identification, analysis and classification of the risks and situations that may expose the entity to acts of corruption and related offences, including those associated with the exercise of functions by the members of the administrative and management bodies, considering the reality of the sector and the geographical areas in which the entity operates;
- preventive and corrective measures to reduce the likelihood of occurrence and the impact of the risks and situations identified.’
In order to fulfil the obligations arising from the aforementioned Decree-Law, the Plan for the Prevention of Risks of Corruption and Related Offences (PPR) of WorkSupply- Trabalho Temporário Lda. is hereby adopted and published.
With a view to complying with the obligations arising from the aforementioned Decree-Law, the Plan for the Prevention of Risks of Corruption and Related Offences (PPR) of WorkSupply- Trabalho Temporário Lda. is hereby adopted and published.
At the same time, in order to guarantee punctual compliance and supervision, the Technical Director, Dr Marcelo Machado de Araújo, is appointed as senior manager of Work Supply Lda. as the person responsible for regulatory compliance (RCN).
This PPR applies to all activities carried out by Work Supply, its employees, regardless of contractual modality, service providers, trainees and third parties who have any relationship with the company.
2. SCOPE
WorkSupply – Trabalho Temporário Lda., now known as Work Supply, was set up in 2019 and is dedicated to the activity of temporary assignment of workers for occupation by user companies, within the scope of temporary activity, and may also develop activities of selection, orientation and professional training, consultancy and management of human resources, among other activities defined in its commercial certificate.
2.1 Values and ethical commitment
This RFP should be analysed and interpreted in conjunction with the Code of Ethics and Conduct now published on the official website, where the guiding principles and ethical values of all activity carried out by Work Supply can be observed, namely:
Principle of Legality:
- Acting in accordance with the legal rules and principles in force applicable to its area of activity.
Principle of Justice and Impartiality:
- Equitable, fair and impartial treatment, acting according to strict principles of neutrality, legality and good faith.
Principle of Equality:
- Respect for cultural, ethnic and religious differences and non-discrimination, under no circumstances benefiting or disadvantaging any employees, service providers or third parties on the basis of their ancestry, gender, race, language, political, ideological or religious convictions, economic situation or social status.
Principle of Integrity:
- They are governed by criteria of personal honesty and integrity of character, acting in a responsible and competent, dedicated and critical manner.
3. PLAN FOR THE PREVENTION OF RISKS OF CORRUPTION AND RELATED OFFENCES
3.1 Methodology
Regarding the identification and assessment of the risks of corruption and related offences inherent to the activity carried out by WorkSupply Lda, internal analyses were carried out in each department, with a view to defining the scope of the risks, the means of existing controls and drawing up the action plan according to the table below.
As a result, the risks will be analysed in terms of their probability (P) and the impact of their occurrence (I), with the risk level (NR) being obtained from the sum of the probability and the impact (NR = P x I).
Probabilidade da ocorrência:
Probability of occurrence | Description |
High | It stems from a frequent and ongoing process |
Moderate | Sporadic in nature, with a low probability of occurrence, without prejudice to occurring during the current year or next year. |
Low | Practically impossible to occur and/or in exceptional/sporadic circumstances. |
Impact of the event:
Impact of the occurence | Description |
High | Severe impact with significant damage to WorkSupply and its credibility in the market, |
Moderate | Moderate impact, possibly causing damage and disruption to the normal operation of WorkSupply. |
Low | Impact of little relevance and not likely to cause damage to WorkSupply’s image and operations. |
Decision on risk levels:
Risk Level | Decision |
High | Risk not Accepted – Risks with a high priority, whose intervention and/or mitigation must be immediate. |
Moderate | Risk under Assessment – Risks with moderate priority, whose intervention/mitigation should take place in the medium term. |
Low | Risk Accepted – low priority non-compliance, which may require intervention in the long term |
3.2. 1 Risk Identification and Assessment
Prior knowledge of potential risk situations is the ‘conditio sine qua non’ for implementing effective measures to deter possible corruption and related offences.
The risk prevention and control measures described in the tables below were determined according to the relevant areas/processes and the underlying risk situations, and the business units/departments responsible for their implementation were also indicated.
Table 1 - Global Categorisation of Risks
Type | Type of risk Offence | Legal Type/Norm |
CORRUPTION | Passive corruption Article 8 of Law no. 20/2008 of 21 April | When an employee who, by him/herself or, with his/her consent or ratification, through an intermediary, requests or accepts, for him/herself or for a third party, without being owed, a pecuniary or non-pecuniary advantage, or the promise thereof, for any act or omission that constitutes a violation of his/her functional duties. |
Active Corruption Article 9 of Law no. 20/2008 of 21 April | Whoever, by him/herself or through an intermediary, with his/her consent or ratification, gives or promises to an official, or to a third party on his/her recommendation or with his/her knowledge, a pecuniary or non-pecuniary advantage which is not due to him/her, for the performance of acts or omissions contrary to the duties of his/her office. | |
RELATED OFFENCES Related offences | Undue receipt of an advantage Article 372 of the Penal Code. | When an employee who, in the performance of his/her duties or because of them, by him/herself or through an intermediary, with his/her consent or ratification, solicits or accepts, for him/herself or for a third party, a pecuniary or non-pecuniary advantage which is not due to him/her |
Peculato Article 375 of the Penal Code | A collaborator who unlawfully appropriates, for their own benefit or that of another person, money or any movable or immovable property or animal, whether public or private, that has been given to them, is in their possession or is accessible to them by virtue of their duties. | |
Influence peddling Article 335 of the Penal Code | A collaborator who, by him/herself or through an intermediary, with his/her consent or ratification, requests or accepts, for him/herself or for a third party, a pecuniary or non-pecuniary advantage, or the promise thereof, in order to abuse his/her influence, real or supposed, with any national or foreign public entity. | |
Laundering Article 368-A of the Penal Code | It occurs when someone converts, transfers, assists or facilitates any operation of conversion or transfer of advantages, obtained by themselves or a third party, directly or indirectly, in order to conceal their illicit origin, or to prevent the perpetrator or participant in these offences from being criminally prosecuted or subjected to a criminal reaction, as well as when someone conceals or disguises the true nature, origin, location, disposition, movement or ownership of the advantages, or the rights relating thereto. | |
Fraud in obtaining a subsidy or grant – Article 36 of Decree-Law no. 28/84 of 20 January | When the staff member obtains a grant or subsidy: (i) providing the competent authorities or bodies with inaccurate or incomplete information concerning himself or third parties and concerning facts which are important for the award of the grant or subsidy; ii) omitting, contrary to the provisions of the legal regime governing the grant or subsidy, information on facts which are important for the award of the grant or subsidy. use a document justifying entitlement to the grant or subsidy or facts important to its award, obtained through inaccurate or incomplete information | |
Misuse of subsidy, grant or subsidised credit Article 37 of Decree-Law no. 28/84 of 20 January | When someone uses benefits obtained by way of a subsidy or grant for purposes other than those for which they are legally intended, as well as anyone who uses benefits obtained by way of subsidised credit for a purpose other than that provided for in the credit line determined by the legally competent authority. |
Table 2 - Prevention and Correction Measures
Departments | Risk | Probability | Impact | Level of Risk | Preventive measure |
Across all departments at Work Supply | Conflict of interest situations | Moderate | Moderate | Moderate | – When employees find themselves in situations where there may be a conflict of interest, they must always object and promptly refuse, in accordance with the instructions given in Work Supply’s Code of Ethics and Conduct, as well as the guiding principles of the contractual relationship arising from the Labour Code. Implementation at Worksupply of whistleblowing channels and a whistleblowing management and control system (rules for registering, processing and deciding on complaints). – Adoption of internal policies to prevent conflicts of interest and express declarations by employees of the inexistence or need to withdraw if they exist. |
Across all departments at Work Supply | Situation of corruption and undue receipt of advantages | Moderate | Moderate | Moderate | – Implement internal recruitment policies. – Observe the rules of the code of conduct. – Refrain from and report conflicts of interest to management. – Report situations of corruption or undue receipt of advantages through the whistleblowing channel. – Inform about the legal implications of adopting this type of behaviour. |
Legal and Human Resources Department | Failure to comply with the WorkSupply Code of Conduct | Moderate | Moderate | Moderate | – Initiate training and emphasise the importance of complying with the Code of Conduct. – Make the contents of the Code widely available and publicise it to all employees |
Legal and Human Resources Department | Lack of review and publication of the Code of Conduct | Moderate | Moderate | Moderate | – Update the Code of Conduct in line with the legally established deadline. – Publish it on the official website and in a place accessible to employees. – Publicise the content of the changes and ensure prompt compliance with the rules of conduct. |
Legal and Human Resources Department | Lack of review and monitoring of the PPR | Moderate | Moderate | Moderate | – Review the PPR every three years, under the terms of the applicable legislation. – Review the PPR whenever there is a change in the organisational or corporate structure. – Draw up and publish interim and annual assessment reports in accordance with the law. |
Accounting Department | Lack of rules and guidelines on how to make payments and receipts | Moderate | Moderate | Moderate | – Drawing up the company’s payments and receipts policy. – Directing all transactions to the appropriate department. – Carefully checking invoices and receipts and recording them appropriately in order to avoid duplicate payments. |
Across all departments at Work Supply | Inadequate car management | Moderate | Moderate | Moderate | – Establish a fleet management system with daily monitoring. – Record the allocation of vehicles to employees and the declaration of responsible use. – Record purchases and sales, as well as inspections, insurance and keep all the necessary documents up to date. – Keep records properly. |
Quality and Continuous Improvement Department | Lack of a professional training plan | Low | Low | Low | – Carrying out the professional and ongoing training programme in various areas of qualification, including corruption prevention. – Drawing up a model record of all training courses given, with a record of attendance, date and content of the course. |
Across all departments at Work Supply | Management and monitoring of the whistleblowing channel | Low | Low | Low | – Monitoring the whistleblowing channel – Implementing and delivering the training programme. – Clarifying doubts and creating an information manual on the whistleblowing channel, privacy policy and non-retaliation. |
