Anti-Corruption Policy
Auto Life Center (ALC); aims to provide the principle of openness, transparency and accountability at the highest possible standard in all its works. As stated in the bylaws, we state that we are against all kinds of corruption and will take the necessary actions to prevent it.
ALC accepts developing the principle of transparency and accountability as one of the main principles of the management culture as a requirement of the rights-based organizational culture. ALC expects all its employees (branch and franchise) and the organizations with which it does business to take a stand against all kinds of corruption.
ALC considers all acts of corruption as wrong and unacceptable for whatever reason. It argues that as a rights-based organization, labor, resources and the process itself are valuable, and that such actions have no place in a rights-based organizational culture and will lead to corruption. In this sense, one of the goals of ALC is to ensure the reliability of all its activities and transactions and to prevent all kinds of corruption by applying the principles of openness, transparency and accountability.
ALC will not act in any way that leads to unfair advantage during the execution of service activities. It will not take bribes from real and/or legal persons and public institutions and organizations, will not bribe these people and institutions, will not give gifts, etc. will not accept any kind of unfair advantage that will create privileges and/or privileges for itself and/or its employees.
The above-mentioned issues cover all of the ALC Branches and Franchise Service Centers.
1. Purpose
The aims of the anti-corruption policy are:
- Ensuring that ALC Branch and Franchise employees, members of the Board of Directors, members of the Supervisory Board, volunteers and consultants are prohibited and not tolerated, all kinds of corruption and irregularities,
- To hold the above-mentioned persons responsible for corruption and irregularity in prevention, detection, reporting and necessary control processes,
- To define the framework and directions that will show which actions and practices of the specified persons fall within the scope of corruption,
- To determine the principles of corruption investigations and decision processes,
- To determine the necessary framework so that employees are not tarnished and victimized in reporting or witnessing processes.
2. Definition
Corruption is defined in Article 2 of the Private Law Convention on Anti-Corruption of the Council of Europe dated 4 January 2009. requesting, offering, giving or accepting any unlawful benefit.
In this direction, the ALC considers the following actions within the scope of corruption:
- Theft of ALC's in-kind or cash assets,
- Unauthorized and inappropriate use of in-kind and cash assets,
- Falsification or deletion of documents,
- Using credit cards and expenses for malicious purposes,
- Irregularity in the cash register,
- Misrepresentation of costs,
- Accepting cash, gift, personal benefit or personal favor in return for any business contract, purchase process or service of ALC,
- Extortion, blackmail, extortion and forced taking,
- Offering, giving, soliciting or accepting a bribe for any reason,
- Paying high fees to third parties or organizations for personal gains.
Even if it does not result in material damage, actions that will harm the mission, purposes, reputation, interests and reliability of the ALC (such as abuse of the name of the ALC, actions that harm the beneficiaries, abuse of power) are considered within this scope.
3. Corruption Investigation and Investigation
Necessary arrangements for a comprehensive investigation regarding the person and/or persons reported about corruption are made without delay.
Responsible for this process are as follows: Provided that there is no conflict of interest, the Board of Directors initiates the investigation process by making the necessary arrangements. The investigation process is carried out with the knowledge of the Supervisory Board. In the formation of the Investigation Commission, the Board of Directors and the Supervisory Board act together. However, the Supervisory Board is authorized in the reporting process and the Board of Directors is authorized in the decision-making process. In case of a request from the members, the decision is taken by the Extraordinary General Assembly.
a. Investigation Commission: The Investigation Commission is composed of the Supervisory Board and independent, experienced and non-conflict of interest members and employees. Since the Supervisory Board consists of completely independent members, permanent and alternate members can take part in the board. In case these conditions are not fulfilled or with the recommendation and decision of the Board of Directors and the Supervisory Board, independent experts may also be appointed.
If the corruption has a financial dimension, it would be beneficial to have those experienced in accounting and finance processes in the investigation team. In the research and investigation process, it is important to focus on the subject and not go through ALC relations. Managers and employees of the relevant unit cannot take part in the Investigation Commission as they may also be examined and punished. The Commission of Inquiry must consist of at least 3 members. The number can be increased in cases where technical expertise is required.
During the research and investigation process, attention will be paid to the privacy of those who provide information.
b. Investigation Process: The purpose of research and investigation is to reveal the facts. All the work of the Commission of Inquiry should be documented and reported. Interviews and meeting notes should be attached to reports. Necessary time should be allocated as time, but care should be taken not to prolong the investigation. The Board of Directors should be regularly informed about the process. Classifications in certifications should be made with the phrase ‘confidential’. Members of the Investigation Commission are obliged to give a confidentiality statement before starting investigations. Violation of the confidentiality principle and disclosure of third parties before the end of the investigation includes criminal sanctions. The statements of the persons and witnesses interviewed during the investigation and investigation process should be kept confidential.
In accordance with the rule of law and rights-based working principles, all accusations should be based on evidence and documentation related to the alleged crime. When a financial advisor, lawyer or expert opinion on a technical issue is requested, opinions and recommendations should be taken in addition to the report.
c. Investigation Report: All corrupt practices subject to complaint or investigation should be documented and justified. The investigation report should detail all the processes of the investigation, the stages of the action in question, the location and the roles of the persons involved. The report should additionally include resolutions of the interviews, expert opinions, and other relevant evidence. It should include the recommendations of the Commission of Inquiry regarding the decision process. The recommendations will not replace the decision, but will facilitate the decision maker’s processes.
The person or persons subject to the investigation should be informed after the whole study is completed.
d. Precautions: ALC is obliged to take measures for the integrity and reliability of the investigation process. Measures shall be taken with equal priority in protecting the presumption of innocence and the protection of the complainant. ALC is obliged to protect the person or persons who report corruption and irregularity.
e. Victimization: The investigation and decision-making processes regarding any corruption, theft and irregularity are difficult and troublesome. The main reasons why this process is difficult stems from the fact that the investigation is sensitive, about rights, and that the public interests are concluded in a fair and legal process, rather than the investigation of the people who are the subject of the investigation. Due to both institutional working principles and human resources policy, no pressure is exerted on those who are subject to the investigation, those who make investigations and those who make a report, and they are not allowed to be victimized.
Within the framework of maintaining transparency processes and ending all kinds of corruption practices, ALC does not accept the exposure and disclosure of information of people who report or witness negative actions. In this context, all responsibility is assumed in cases that require confidentiality in the investigation. However, it may disclose information through the corruption process with prior notification, both with the consent of the person making the notification and in cases where documents and proof are required.
f. Confidential Charges: Employees and members may choose to make anonymous reports and reports, but ALC does not encourage anonymous reporting processes. Anonymous notifications are evaluated as genuine notifications by the decision of the ALC, according to the following criteria:
- The urgency and importance of the notification and the action in question,
- Supporting information and the seriousness of the accusation,
- Findings and evidence that can be referenced about the act that is the subject of the accusation.
g. Untrue Accusations and Statements: In cases where ALC employees’ notifications are made for a valid reason but do not reach a conclusion, no accusation or sanction is imposed against the people who make the notification. In this case, it is essential to protect the confidentiality of the persons making the notification. However, if it is understood that the complaint or accusation is made without justification and for a reason other than the prevention of corruption, criminal sanctions are applied to the persons who made the notification, and the accused person and, if any, other relevant parties are notified by the authorized bodies of the ALC that the accusation is unfounded.
4. Decisions
ALC is obliged to comply with the limits and responsibilities determined by the Turkish judicial system.
a. Sanctions: ALC Corporate Principles and Work Ethics and Human Resources Policy are guiding and binding in the decision-making process. In this context, if the accusation is found to be fixed, the ALC dealership and employment contract are terminated by decision. In major corruption cases, ALC is responsible for making legal notifications and initiating the legal process.
b. Administrative and Infrastructural Arrangements: Measures related to corruption practice that occur due to a weakness arising from financial and administrative policy and practice are taken as soon as possible and the gap is closed.
c. Compensation for Loss and Damages: ALC has the right to receive damages from the person who committed this harmful act and the third parties and institutions it is in contact with, if it has been damaged by corruption and theft practices. Compensation for damages also covers non-pecuniary damages related to the investigation processes and the reputation of the ALC, when deemed necessary. If the persons and institutions causing the damage refuse to pay or are unable to pay the damage, ALC receivables are followed up by intervening in the legal process.
d. Laundering and Blacklist: ALC blacklists people and institutions that engage in, support or condone corruption as a result of practices. He has the right to inform the persons and institutions he is in contact with, if concrete evidence has been obtained.
Asılsız olduğu anlaşılan suçlamalarda suçlanan kişinin aklanması ALC kararı ve yazılı bildirimi ile yapılır. Bu tür durumlarda kişisel kayıp ve hukuki haklara yönelik tasarrufa saygı duyulur ve suçlanan kişinin aklanması ALC yetkili organının sorumluluğundadır.
5. Responsibilities
a. Board of Directors:
- Responsible for distributing this document to all employees and the franchise network, conveying the principles and process, and implementing the document.
- They are responsible for ensuring that all employees and implementation partners are informed about ALC financial policies, finance and accounting processes, and expenditure documentation and reporting processes, and that they follow these processes in their daily practices.
- It is responsible for opening channels for all employees and franchisees and volunteers to report and follow up when there is a suspicious situation, and for everyone to be active in the process.
- Board members should be aware of possible corruption in their field and be alert to any corruption and/or inappropriate processes. They are responsible for carrying out regular key checks and monitoring and therefore developing prevention mechanisms.
- He is responsible for acquittal of the accused in the charges that are found to be unfounded.
b. Supervisory Board:
The Supervisory Board, together with the Board of Directors, is responsible for monitoring the implementation of this policy. In addition, the Supervisory Board works together with the Executive Board during the investigation of corruption, takes part in the Investigation Commission and takes an active role in the preparation of the report.
c. Employees:
Employees are responsible for conducting and documenting their work within the framework of this policy. Employees are responsible for raising awareness about corruption in ALC transactions and processes, reporting any suspicious situation and following it up to the process of opening an investigation.
Employees are obliged to inform partners, associates and contractors about the anti-corruption policy in their cooperation.
6. Other
- ALC takes care to act in accordance with the anti-corruption policy in its contracts and collaborations. Relevant stakeholders are expected to report corruption in collaborations.
- Experts and institutions that carry out consultancy work or undertake work from outside the institution act in accordance with the requirements of this document. In case of non-compliance with the document, if there is negligence, necessary measures are taken and necessary decisions and sanctions are applied. In case of negligence, third parties are held liable for losses.
- This document enters into force after it is voted and accepted at the general assembly. The document is reviewed and updated every 2 years. Updates must be approved.