For what types of complaints and reports can our reporting procedure be used?
The reporting procedure enables people to point out human rights and environmental risks as well as violations of human rights or environmental obligations that have arisen as a result of HOWOGE's economic activities in its own business area or that of a direct supplier. The present description of the processes and responsibilities meets the requirements of a procedural code for a complaints procedure in accordance with Section 8 of the Supply Chain Due Diligence Act (LkSG).
The reporting procedure also serves as a reporting channel for all indications of violations of the law and significant violations of internal regulations and is an internal reporting point within the meaning of the Whistleblower Protection Act (HinSchG).
Which reporting channels can you use to provide information?
Anyone can provide information via the following reporting channels: in person, by telephone, by email or by post
Compliance OfficerMarie-Luise Schneider, Andreas Scheer 030 – 5464-1082/1008 compliance@howoge.de
HOWOGE Housing Company mbHStefan-Heym-Platz 1 10367 Berlin
It is also possible to contact the independent legal ombudsman.
Dr. Kathrin NiewiarraAttorney at Law 030 – 88 71 94 91 9 howoge@ra-elkeschaefer.de
Law firm for commerciallaw Attorneys at law Elke Schäfer Philippistr. 11 14059 Berlin
In addition to our internal reporting channels mentioned above, people can also contact an external reporting office. External official reporting offices exist at the Federal Office of Justice, the Federal Financial Supervisory Authority or the Federal Cartel Office. The states set up their own external reporting offices, and external reports can also be made to the EU bodies and institutions. Further information is provided by the respective external reporting offices on their websites.
How will my tip be handled?
Regardless of which reporting channel is chosen, all complaints and information will be treated confidentially.
The confidentiality of the whistleblower’s identity will be maintained throughout the process unless the whistleblower consents to the disclosure of his or her identity
The information is processed by the compliance officers at HOWOGE. The compliance officers at HOWOGE and the ombudsman's office are professionally trained. The ombudsman's office also acts impartially, independently in the performance of its duties and is not bound by instructions. It is obliged to maintain confidentiality and has a lawyer's right to refuse to give evidence. In addition, the complaints offices are obliged to comply with data protection regulations and to ensure transparency and the rights of all persons affected.
HOWOGE protects whistleblowers from disadvantages after submitting a report. HOWOGE points out that statutory obligations to provide information may require exceptions to the confidentiality and secrecy requirements.
How does the reporting process work?
- Once a complaint or tip-off has been received, its receipt is documented and the person making the tip-off receives an acknowledgement of receipt within seven days.
- The persons entrusted with carrying out the procedure must, if possible, discuss the facts with the persons providing the information in order to further clarify the facts if necessary.
- Complaints or reports are first examined to determine whether the reported matter gives rise to possible violations of the law, significant violations of internal regulations, a human rights or environmental risk, or a breach of human rights or environmental obligations.
- If there is neither sufficient information nor it is possible to contact the person providing the information, the case will be closed and documented.
- If, after clarification, discussion and investigation, it is established that there are no violations of the law or significant violations of internal regulations, human rights and environmental risks and violations of human rights or environmental obligations at HOWOGE and its suppliers, the case will be closed and documented
- The matter should generally be clarified within three months. If it takes longer, the person making the report will receive a status report at least quarterly.
- If, during the clarification of the facts, it is determined that there are violations of laws and/or significant regulations, or that a violation of human rights and/or environmental obligations is imminent or is already taking place, remedial measures will be initiated immediately. The person making the report will be involved where possible and reasonable. In appropriate cases, HOWOGE can offer the person making the report a procedure for amicable settlement. When the risks are identified, appropriate preventive measures must be implemented.
- The implementation of the remedial measures is being monitored.
- The person making the complaint will be informed of the conclusion of the complaint procedure, provided that it is possible to contact them.
- In addition, HOWOGE reviews the effectiveness of the complaints procedure annually and when necessary. In particular, feedback from the person making the complaint is used for this purpose. Adjustments are made if necessary.
How are incoming complaints and tips documented?
All complaints and information will be documented in compliance with applicable laws and retention periods and in compliance with confidentiality. The documentation will be deleted three years after the conclusion of the procedure, unless longer retention is necessary to meet the requirements of legal provisions or to await the expiration of the limitation period for possible claims by or against HOWOGE. In this case, the documentation will be retained as long as this is necessary and proportionate. The measures described in these rules of procedure must always be adequately documented.
Are there any negative consequences to be feared if a report is made?
If the person providing the information provides information to the best of their knowledge and belief, they will not suffer any disadvantages. However, if they report false information intentionally or through gross negligence, HOWOGE reserves the right to take legal action.
What if the content of the report later turns out to be false?
It is important that the person making the report believed or assumed that the content was true at the time of the report and that they did not make the report with abusive intent. If, after the facts have been clarified, it turns out that the report was unfounded, the person making the report need notfear any negative consequences.
What happens if the person making the report is himself involved in the wrongdoing?
Even then, you are encouraged to report the matter in question. This will be taken into account appropriately when investigating the matter, as far as legally possible.
Does the person providing the information incur costs by using the reporting procedure?
There are no costs for the person providing the information.
Does the tip create an attorney-client relationship with the ombudsman?
No, no client relationship is established. The ombudsman is and remains an agent of HOWOGE. However, the legal relationship between the ombudsman and HOWOGE as the client creates a "(protective) effect" in favor of the person providing the information. This means that the ombudsman can informally advise the person providing the information on the practical issues of the individual case, but it is not possible for her to represent the legal interests as "your" lawyer.
Privacy policy
The data protection information for the whistleblower system can be found here.