The risk of corruptive behaviour is inextricably linked to each type of business activity. It is in the interest of every entrepreneur to introduce solutions limiting such risk and to implement mechanisms allowing for early identification of activities that are illegal or contrary to the in-house procedures. Liability is particularly high in the construction industry, where contracts have a very high value and funds are often public. The solutions implemented in the Budimex Group enable bringing the risk to a low level.
The anti-corruption policy of the Budimex Group is defined primarily by the "Anti-corruption Policy" and the "Compliance Policy". The aforementioned documents unequivocally prohibit, among other things
- offering any benefits to representatives of the administration or other persons in exchange for a specific action or decision,
- requesting or accepting any benefits from employees of Group companies which could influence them to perform their duties in a disloyal or improper manner,
- entering into false contracts,
- maintaining books and records dishonestly,
- concealing or improperly investing funds,
- concealing the sources of funds.
Prior to concluding an agreement with a natural or legal person who would represent the Group companies in relations with government officials or private entities, it is necessary to conduct due diligence and repeat it periodically if necessary. In particular, attention must be paid to the reputation of such person or entity, in particular to potential: breaches of anti-corruption laws, charging fees unreasonably higher than standard payments and being on lists important from the point of view of protecting the enterprise interests (e.g. on the US Trade Department’s list of people under trade embargo). It is also necessary to verify whether the person or entity is somehow related to the public administration. Those aspects are included in the „CSR Strategy for 2016–2020”. One of its key objectives was the “Elimination of the risk of unethical conduct”.
Monitoring of the compliance with rules and controls are conducted by the Office of Internal Control, and supervised by the President of the Management Board. The Office of Internal Control is responsible for the identification and analysis of risks in the Group, as well as the prevention of factors that cause them. At the same time, it examines the activity of particular organisational units and companies in the Group. In the case of completed projects, the Office analyses the contract performance process, use of owned resources, draws up reports and issues instructions to take corrective actions. According to the implemented Procedure IO-01-01-03 “Final Contract Settlement”, after the completion of each construction, the Office of Internal Control personnel examine the final settlements any construction materials purchased and used.
All key projects are analysed with regard to the corruption risk. The special form is filled by 100% of the controlled entities. Inspections on contracts of lower value are ad hoc and random. A post-inspection report does not disclose any tools used for their monitoring, considering them confidential. The Group assesses making such information public, in particular the analysis method, as potentially contributing to the reduction of their effectiveness and to an increased probability of unethical conduct. Risk monitoring is conducted in monthly, fortnightly or, if necessary, weekly cycles.
The Office of Internal Control may also carry out additional inspections. Its role is also to take preventive actions and build awareness of the Budimex Group’s employees concerning the risks and activities that may lead to them. To this end, the Office of Internal Control has also prepared the guide for the Contract Director/Manager, describing production processes allowing for safe and correct contract performance based on applicable procedures and instructions. In addition, all employees and suppliers of the Budimex Group must familiarise themselves with the anti-corruption policy and procedures. Each person employed at the Group becomes familiar with the applicable anti-corruption procedures during regular training.
Documents that allow to counteract the corruption risk at the operational level are the Compliance Policy and the Code of Ethics. They specify the principles that make it possible to prevent unethical behaviours, including corruption and bribery and any form of discrimination. The rules expressed in the Code of Ethics and the Compliance Policy apply to all employees and people employed by contractors of the Budimex Group. They were aggregated in the form of “Rules of conduct for the contractors of Budimex S.A.”
The Ethics Committee appointed by the President of the Management Board is responsible for compliance with the provisions of the “Code of Ethics” in the following composition:
- Member of the Management Board, Director of the HR Management Division,
- Member of the Management Board, Director of the Legal and Organisational Division,
- Director of the Office of Internal Control.
Every year the Ethics Committee draws up a report on its activities, which is then submitted to the Management Board and to the Audit Committee of the Supervisory Board.