Article 1: Application
The CAVEDI Code of Conduct Administrator, in case of becoming knowledgeable of a situation that might entail, prima facie, the breach of norms that are in force through the Code of Conduct on the part of a CAVEDI member, officiously or through the denunciation of another member or third party, must proceed to apply the enforcement of the Code in accordance with the following procedure, that will be carried out to preserve such enforcement.
Article 2: Procedure
If a third party in relation to CAVEDI or a member suffers some offence caused by another member´s non-compliance of what is established in the Code of Conduct it must present its complaint in writing to the Code of Conduct Administrator mentioning, as a minimum, the following information:
- Name of the member or third party making the denunciation, that must be who signs the application.
- Address of the member or third party making the denunciation or a legal address to hear and receive notifications about the matter, within the boundaries of the city of Buenos Aires.
- Name of the member/s considered to be incurring in violation or non-compliance.
- Address of the member/s considered to be incurring in violation or non-compliance.
- Succinct description of the facts that motivated the denunciation, written in clear and precise terms, with elements or proofs attached to the application and mention of those offered to be produced.
- Both the application and its attachments must be the originals, enclosing the copies necessary for each of the members considered to be carrying out a violation or non-compliance. With a copy of the application and its attachments, the Code Administrator will notify the member/s against whom the denunciation is presented within a period not exceeding 15 (fifteen) working days, through a summon with acknowledgement of receipt or through certified mail.
As from the day of notification, each of the members that receive the complaint, will have a period of 15 (fifteen) working days to answer and show and offer the proofs that substantiate their allegations. If no answer is issued within the period of time mentioned previously, the complaint will be considered valid.
Article 3: Recommendations
The Code Administrator is the medium of application of the present procedure. His decisions are unappealable. He is the director of the procedure and can carry out as many actions as he deems necessary in order to reach his decision. Notwithstanding, he must adhere to the following outline: After the answer is presented or after expiration of the period established for the presentation, or if a proof is offered after the substantiation is concluded the Code Administrator will have a time period not exceeding 20 (twenty) working days to deliver a written report to the Board of Directors, containing the following:
- Existence or not of a basis for the complaint or denunciation.
- Antecedents of the complaint or denunciation and answer given.
- Recommendations on the possible solution or applicable sanction, if justified.
The recommendations of the Code Administrator must be based on the Code of Conduct of CAVEDI.
The Code Administrator can, at any time, propose solutions for the conflict between the affected parties, as long as there is no opposition of any one of them and that such solution is not in opposition with the Code of Conduct. In the case that the parties offer proof, apart from the documentary one, it will be substantiated summarily in a hearing summoned for that purpose, with the participation of the parties, the witnesses, and the experts proposed by them, with the technical advice produced. The burden of its notification, appearance and issuance of the advice will be a responsibility of those who proposed it. The substantiation of the proof cannot take more than 20 working days.
Article 4: Sanctions
Once the report is received, the Board of Directors will have a 20 (twenty) working days term to resolve about the denunciation.
The sanctions for non-compliance of the Code of Conduct will be applied by the Board of Directors and can be:
- A warning, that can include a time period for the company involved to correct the situation. Absolute confidentiality should be kept about the company, imposed by the Board of Directors.
- Temporary suspension or exclusion of the member with the loss of its rights as such. The latter can be appealed before the Assembly and should be alleged within 30 working days after being communicated. Notwithstanding, the application of the sanction is valid while the substantiation of the appeal lasts.