Anti-Discrimination and Anti-Mobbing Policy at Next Film sp. z o.o.
Part I. General Provisions
§ 1.
Next Film sp. z o.o. is a company that guarantees everyone the right to perform work or provide services in a professional environment which ensures equality of opportunity and does not permit discriminatory or mobbing practices. Respect for every person and for their development as a member of the team is one of the highest values for Next Film sp. z o.o.
§ 2.
1. The purpose of the internal anti-discrimination and anti-mobbing policy at Next Film sp. z o.o. is to counteract the phenomenon of discrimination or mobbing.
2. The Policy is intended to protect both employees and persons cooperating with Next Film sp. z o.o. under civil-law contracts, if the conduct towards them bears the characteristics of mobbing or discrimination (examples of discrimination and mobbing – Annex No. 2).
§ 3.
In the event of discrimination or mobbing, Next Film sp. z o.o. will take appropriate measures against the perpetrator on the basis of the provisions of law in force at the given time.
§ 4.
Whenever this Policy refers to:
1. Employed Person – this shall be understood as a natural person employed at Next Film sp. z o.o. under an employment relationship, as well as natural persons engaged with Next Film sp. z o.o. under other forms of cooperation, including a civil-law contract, an internship, vocational placements, and cooperation within the framework of their own business activity;
2. Direct discrimination – this shall be understood as a situation in which a person, in particular on the grounds of sex, age, disability, state of health, race, nationality, ethnic origin, religion, denomination, non-denominational status, political beliefs, trade union membership, psychosexual orientation, gender identity, family status, lifestyle, the form, scope and basis of employment, or other types of cooperation, is treated less favourably than another person is, was or would be treated in a comparable situation;
3. Indirect discrimination – this shall be understood as a situation in which, for a person or persons, in particular on the grounds of sex, age, disability, state of health, race, nationality, ethnic origin, religion, denomination, non-denominational status, political beliefs, trade union membership, psychosexual orientation, gender identity, family status, lifestyle, the form, scope and basis of employment, or other types of cooperation, as a result of an apparently neutral provision, criterion applied or action taken, unfavourable disproportions or a situation particularly unfavourable to that person or those persons occur or could occur, unless the provision, criterion or action is objectively justified by a legitimate aim to be achieved and the means of achieving that aim are appropriate and necessary;
4. Harassment – is a form of discrimination understood as any unwanted conduct towards a person, in particular on the grounds of sex, age, disability, state of health, race, nationality, ethnic origin, religion, denomination, non-denominational status, political beliefs, trade union membership, psychosexual orientation, gender identity, family status, lifestyle, the form, scope and basis of employment, or other types of cooperation, the purpose or effect of which is to violate the person’s dignity and to create an intimidating, hostile, degrading, humiliating or offensive atmosphere towards that person;
5. Sexual harassment – is a form of harassment understood as any unwanted conduct of a sexual nature towards a person, or relating to that person’s sex, the purpose or effect of which is to violate the person’s dignity, in particular by creating an intimidating, hostile, degrading, humiliating or offensive atmosphere towards that person; such conduct may comprise physical, verbal or non-verbal elements;
6. Encouraging a breach of the principle of equal treatment in employment – this shall be understood as a situation in which a person is encouraged or instructed by a superior or another person representing the employer to behave towards other employees, or towards persons taking part in recruitment, in a manner constituting a form of discrimination referred to in points 2) – 5) of this paragraph.
7. Unequal treatment – this shall be understood as less favourable treatment of a person or a group of persons, in particular on the grounds of sex, age, disability, state of health, race, nationality, ethnic origin, religion, denomination, non-denominational status, political beliefs, trade union membership, psychosexual orientation, gender identity, family status, lifestyle, the form, scope and basis of employment, or other types of cooperation, consisting of one or more of the following behaviours: direct discrimination, indirect discrimination, harassment, sexual harassment, as well as less favourable treatment resulting from opposition to discriminatory behaviours, and encouraging and ordering such behaviours;
8. Mobbing – this shall be understood as actions or behaviours concerning an employee or directed against an employee, consisting in persistent and long-lasting harassment or intimidation of the employee, causing the employee to develop a lowered assessment of their professional suitability, resulting in or intended to result in the humiliation or ridicule of the employee, their isolation or elimination from the team of co-workers; provided that, for actions or behaviours concerning an employee to be deemed mobbing, they must jointly satisfy all of the above conditions. Since mobbing is a concept reserved for the employment relationship, the Policy also protects persons engaged under civil-law contracts against actions bearing the characteristics of mobbing, if the conduct towards them meets the criteria of mobbing (examples of discrimination and mobbing – Annex No. 2).
9. Committee – this shall be understood as the Committee for Counteracting Discrimination and Mobbing at Next Film sp. z o.o.;
10. Plenipotentiary – this shall be understood as the Plenipotentiary for Counteracting Discrimination and Mobbing at Next Film sp. z o.o., appointed to perform this function on the basis of a resolution of the Management Board of that Company
11. Company – this shall be understood as Next Film sp. z o.o.
Part II. Position and Obligations of Next Film sp. z o.o.
§ 5.
1. The Company does not tolerate Discrimination or Mobbing, or Encouraging Discrimination or Mobbing. Such behaviours are contrary to the law and constitute a material violation of the values by which Next Film sp. z o.o. is guided.
2. Relations between the Company and Employed Persons are based on the principles of respect and tolerance and on respect for personal dignity.
§ 6.
1. All decisions of Next Film sp. z o.o., in particular those concerning hiring, promotion, referral to training aimed at raising qualifications, and terms of employment, including in particular the determination of remuneration, are motivated above all by an objective assessment of results, skills, competences and experience.
2. The characteristics listed by way of example in § 4 points 2) – 8) may not have any bearing on the process of shaping the position of a person employed at, or undertaking an internship or placement at, Next Film sp. z o.o.
§ 7.
The Company carries out activities aimed at raising the awareness of Employed Persons with regard to Discrimination and Mobbing by:
1. conducting training for Employed Persons on the occurrence and combating of Discrimination and Mobbing;
2. providing information on anti-discrimination and anti-mobbing regulations and actively promoting equal opportunities;
3. carrying out periodic analyses and assessments of the effectiveness of the anti-discrimination and anti-mobbing solutions implemented and, where necessary, taking improvement measures.
Part III. Obligations of Employed Persons
§ 8.
All Employed Persons are obliged to observe the principle of non-discrimination, to refrain from behaviours constituting Mobbing or Encouraging Discrimination or Mobbing towards other employed persons, and to be guided by the principle of respect for dignity.
§ 9.
Any Employed Person who considers that they have experienced Discrimination or Mobbing, or who has noticed that another Employed Person has experienced Discrimination or Mobbing, or who has noticed Encouraging Discrimination or Mobbing, is obliged to inform the Plenipotentiary thereof, in accordance with the procedure.
§ 10.
It is prohibited to abuse a privileged professional position, including in the relationship between a superior and an employee, or between a representative of the Company and an Employed Person other than an employee.
§ 11.
1. Managerial staff (including persons representing the Company towards Employed Persons other than employees) are obliged to carefully observe the behaviour of the persons subordinate to them and cooperating with them, and to identify behaviours bearing the characteristics of Discrimination or Mobbing, or of Encouraging Discrimination or Mobbing.
2. A member of the managerial staff who comes to suspect that Discrimination or Mobbing, or Encouraging Discrimination or Mobbing, is taking place among the persons they manage or towards whom they represent the Company, is obliged to report this to the Plenipotentiary. In the event of failure to make such a notification, Next Film sp. z o.o. shall draw the appropriate consequences with respect to such a member of the managerial staff.
Part IV. Plenipotentiary for Counteracting Discrimination and Mobbing at Next Film sp. z o.o.
§ 12.
The tasks of the Plenipotentiary include:
1. Acting as Chairperson of the Committee;
2. Coordinating the flow of information on counteracting Discrimination and Mobbing, both within the Company and externally, as part of maintaining the image of an employer that is friendly and safe for employees;
3. Organising education on counteracting Discrimination and Mobbing in order to raise awareness and knowledge of this subject through training sessions, workshops and activities addressed to all Employed Persons, including in particular the management staff;
4. Conducting anti-discrimination and anti-mobbing monitoring and, where necessary, taking improvement measures;
5. Preparing annual information for the Company’s Management Board on the activities carried out and their effectiveness, including in particular the number of complaints concerning Discrimination and Mobbing and Encouraging Discrimination or Mobbing, and the results of the Committee’s work.
Part V. Proceedings in Cases Concerning Discrimination and Mobbing
§ 13.
1. Notifications of the occurrence at Next Film sp. z o.o. of acts of Discrimination, Mobbing or Encouraging Discrimination or Mobbing shall be submitted on the form attached as an annex to this Policy (Annex No. 3), in the following manner: 1.1 to the Company’s address – to the Plenipotentiary for Counteracting Discrimination and Mobbing, Next Film sp. z o.o., ul. Czerska 8/10, 00-732 Warszawa,
1.2 by e-mail to the Plenipotentiary’s e-mail address: naruszenia.next-film@helios.pl
2. Upon receipt of a notification, the Plenipotentiary shall immediately take actions appropriate to the circumstances indicated in the notification. The Plenipotentiary may, in particular, take actions aimed at initiating the procedure referred to in § 14 – 16, or other actions, but in each case actions that will ensure compliance with the provisions of law and the internal regulations in force at Next Film sp. z o.o. with regard to counteracting Discrimination, Mobbing or Encouraging Discrimination or Mobbing.
3. From the moment of notification, the information contained therein may be disclosed only to persons taking part in proceedings based on this Policy.
4. Anonymous reports may constitute grounds for initiating the above-mentioned actions, provided that their content, and in particular the scope of the information provided on potential abuses, makes this possible.
5. All notifications, including anonymous ones, are registered by the Plenipotentiary.
6. The Plenipotentiary may independently decide to take the actions set out in the Policy even though no notification has been received.
§ 14.
1. If justified by the circumstances indicated in the notification, the Plenipotentiary shall, within no more than 14 days of receipt of the notification, convene the Committee, whose task is to examine the report objectively and to determine whether the report is justified and whether the phenomenon of Discrimination or Mobbing or Encouraging Discrimination or Mobbing has occurred or is occurring.
2. The composition of the Committee is determined by the Plenipotentiary. The Committee consists of at least three members, including the Chairperson of the Committee. The function of Chairperson of the Committee is performed by the Plenipotentiary.
3. In the course of the Committee’s work, the Chairperson of the Committee may also appoint to the Committee other additional persons whose participation the Chairperson deems advisable. In such a case, the Committee’s deliberations may take place if at least three members participate in them.
4. A member of the Committee may not be a person to whom the notification relates, a person indicated in the notification as the perpetrator of Discrimination or Mobbing, or of Encouraging Discrimination or Mobbing, or a person with respect to whom there is a reasonable presumption of bias in the case.
5. Before commencing work, a member of the Committee is obliged to submit a written declaration undertaking to keep confidential everything they learn in connection with the pending proceedings.
6. The parties to the proceedings and persons acting as witnesses shall undertake in writing to keep confidential everything they learn in connection with the pending proceedings. The above restriction does not apply to situations in which the disclosure of information results from applicable provisions of law.
7. The declarations referred to in points 5-6 shall be kept in the case files.
§ 15.
1. The Committee shall commence proceedings without undue delay, no later than within 14 days of the date on which it was convened. The Committee will endeavour to examine the complaint within no more than 30 days; in particularly complex cases, or if it is not possible to clarify the matter within the above-mentioned period, the Committee may extend the proceedings.
2. Proceedings before the Committee are conducted with respect for rights and with particular care for the protection of the participants in the proceedings.
3. The parties to the proceedings have an equal opportunity to give full explanations before the Committee.
4. After hearing the explanations of the reporting person, of the person accused of behaviours constituting Discrimination or Mobbing, or Encouraging Discrimination or Mobbing, of persons indicated by the aforementioned persons or of others summoned by the Committee, and after reviewing the remaining evidence, the Committee shall take a decision on the merits of the report under examination.
§ 16.
1. A report is drawn up on the Committee’s work and is signed by all members of the Committee.
2. The report includes in particular: 2.1 a description of the facts established in the course of the proceedings conducted;
2.2 the position of the Committee on the notification, together with its justification;
2.3 the proposed remedial and corrective measures with respect to the behaviours found.
3. Immediately after the conclusion of the proceedings, the Chairperson shall submit the report to the Management Board. If the proceedings concerned behaviours committed by a Member of the Management Board, the report shall be submitted: 3.1. where the Management Board consists of more than one member:
a) to the remaining Members of the Management Board – if the report does not find the notification justified,
b) to the remaining members of the Management Board and, for the information of the Management Board of Helios S.A. – if the report finds the notification justified; 3.2. where the Management Board consists of one member – for the information of the Management Board of Helios S.A. – regardless of whether the report finds the notification justified.
§ 17.
1. The Management Board of Next Film sp. z o.o. shall take measures aimed at eliminating the irregularities found and shall counteract their recurrence, including by designating the persons responsible for carrying out those measures.
2. With respect to persons found to have committed Discrimination or Mobbing, or Encouraging Discrimination or Mobbing, and for whom Next Film sp. z o.o. is the employer, the Company shall take disciplinary measures, which may in particular consist of:
2.1 order penalties (kary porządkowe) imposed on the basis of the Labour Code (ustawa – Kodeks pracy);
2.2 termination of the employment relationship with the employee (including termination of the employment relationship without notice through the fault of the employee).
3. With respect to persons engaged with Next Film sp. z o.o. under a form of cooperation other than an employment relationship, the Company may apply the measures provided for under the relevant provisions of law, including the immediate termination of cooperation.
4. Exercising the rights set out in the Policy may not result in any negative consequences whatsoever; in particular, it may not constitute a reason justifying the employer’s termination of the employment relationship with notice, its termination without notice, or the ending of cooperation under a form of engagement other than an employment relationship.
5. Disciplinary liability also extends to persons who purposefully and intentionally make false accusations of Discrimination or
Mobbing, or Encouraging Discrimination or Mobbing.
6. In applying disciplinary measures, Next Film sp. z o.o. is guided by the principle of proportionality with respect to the breach of the provisions of the Policy and other rules of law that has occurred.
7. This Policy enters into force on the date on which the Management Board of the Company adopts the order on its adoption.