Social commitment and compliance

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• GRI 2-26
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Implenia has appointed a Country Compliance Officer for each country; they are the first point of contact for legal and regulatory compliance issues. Employees can also go to the Compliance Officer if they suspect or actually witness malpractice. They can also report observations directly to the central compliance department. 

Each country also has a Data Protection Coordinator for questions relating to data protection. In Germany, a Data Protection Officer, appointed in accordance with national regulations, performs the statutory data protection tasks. 

The Group’s Chief Compliance Officer is General Counsel German Grüninger, who also has responsibility for this subject on the Implenia Executive Committee. He is supported by Stephanie Männl, the Global Head of Compliance & Data Protection, who is responsible among other things for implementing the Compliance Management System.

Implenia encourages anyone who notices a possible violation of the Code of Conduct, other internal policies or legal regulations to report the suspected misconduct. There are several channels available for this purpose, including the newly introduced Implenia Speak Up Line. This whistleblower platform, operated by an external organisation, enables anonymous reporting via a publicly accessible website, and offers a facility for communicating with the whistleblower. Every incident is investigated comprehensively and neutrally. The protection of whistleblowers from discrimination or punishment is a central feature of the process.

If suspicions are confirmed by the initial investigation, the relevant Country Compliance Officer or Global Head Compliance & Data Protection will conduct an in-depth investigation in consultation with the Chief Compliance Officer. A member of Procurement will be brought in if there is a complaint about Implenia’s suppliers or supply chain. Results are documented and presented to the responsible body for them to make a decision. 

There were 30 compliance cases across the group in 2023. For example, one case of discrimination was reported, which was investigated, and the necessary measures were taken. In addition, a suspected case of corruption was reported, which was not confirmed following an internal investigation in cooperation with an external specialist.

Implenia has implemented the following effective due diligence procedures to stop possible human rights violations within its supply chain:

• Internal, global purchasing rules ensure that human rights and selected environmental criteria are applied when selecting and evaluating suppliers; audits are conducted to ensure compliance 
• The Code of Conduct for External Business Partners is integrated into existing and future supplier agreements, which ensures there is a contractual obligation to comply with human rights and environmental due diligence obligations in the supply chain 
• Consistent implementation of measures to ensure that every employee is working in a safe working environment. This includes regular training to raise awareness of potential risks, and the provision of protective equipment 
• Extremely strict controls and policies are applied to minimise accidents and risks to health
• From 2024, regular training on supply chain due diligence processes is being conducted in the relevant business units

With its “How we work” Code of Conduct, which is part of every employment contact, Implenia has also established clear rules relating to its zero-tolerance of child and forced labour. Particularly in countries where there may be an increased risk of human rights violations, there are regular, unannounced inspections of Implenia construction sites and production plants.

Detailed regulations and information about legal requirements along the value chain are set out in Implenia’s Declaration of Principles on the Human Rights Strategy (more on this)

Implenia promotes a culture that encourages all people, whether permanent staff or not, to report possible cases of misconduct, including concerns or suspicions about human rights violations within the company. The anonymous Speak Up line is one way of reporting such concerns (see previous chapter).

Following an internal risk analysis, no reasonable suspicion of child labour at Implenia and its supply chain was identified, meaning that the company is exempt from the due diligence and reporting obligations in the area of child labour in accordance with Article 5 paragraph 2 DDTrO and Article 964j et seq. CO.

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If Implenia is implicated in investigations or lawsuits relating to competition law, it cooperates fully with the authorities and provides transparent information about the matter concerned. In the past ten years, a total of four official investigations have taken place, two of which were completed some time ago. Implenia dealt with two outstanding cases during the period under review, one of which is still being investigated. 

• In Switzerland, the Competition Commission carried out several investigations between 2010 and 2019 in Canton Grisons. These concerned suspicions of illegal collusion in the road construction market as well as in building construction and civil engineering prior to 2010.The Competition Commission finished its final investigation in mid-2019. Implenia gave the Competition Commission its unreserved cooperation throughout the process and thus helped to clarify the agreements on price and territories that were being investigated. The investigating authorities therefore refrained from imposing a fine on Implenia in the main investigation. The main investigation was divided into various sub-cases. In two of these, the Competition Commission would not grant Implenia the status of a key witness and therefore imposed two fines on Implenia for alleged collusion on two smaller building projects. Implenia lodged an appeal with the Federal Administrative Court against the subsequent division of proceedings, and against the refusal to grant Implenia the status of key witness in the sub-cases. The Federal Administrative Court dismissed the appeal, so Implenia has appealed to the Federal Supreme Court. The cases are still pending.

• In Austria, the Central Public Prosecutor’s Office for Combating Economic Crime and Corruption in Vienna has been conducting an investigation into suspected collusive bidding since 2017; Implenia Baugesellschaft GmbH is one of the companies it is looking at. The investigation is still under way.

Information on older cases can be found in previous sustainability reports.

Construction work – especially on large sites and infrastructure projects – can cause problems relating to things like noise, dust, vibrations, waste, environmental impact or quality and safety issues. Communication with local communities becomes even more important in such situations. Implenia is committed to reducing negative impacts on local people and to encouraging dialogue through consultation processes during planning, for example, and through regular communication with residents during the construction phase. Wherever possible, Implenia tries to create positive added value for local people.

It regularly arranges guided tours and site visits for residents and school children, and organises workshops to give locals a better understanding of what it is doing.

In Switzerland, Implenia participates in the “CAS Reconstruction Ukraine”, which is trying to make a concrete and sustainable contribution to the reconstruction of Ukraine. This training programme helps people help themselves, enabling Ukrainians with a connection to the construction industry to actively shape their country’s reconstruction. Bern University of Applied Sciences BFH, working with the Swiss government and the construction industry, is responsible for this innovative initiative. 

In the Swiss canton of Vaud, Implenia is a partner of the disability insurance scheme and has recruited new employees via various reintegration programmes (more on this).