Corporate Info
Whistleblowing Policy
/
Procedures of Bank Rakyat Whistleblowing Policy
Any employee or member of the public who has knowledge or aware of any improper conduct (misconduct or criminal offence) committed or about to be committed within BANK RAKYAT is encouraged to make disclosure by following the procedures as stated in this document.
Reporting Channel
Disclosures can be made to the following reporting channel, in strict confidential manner:-
Whistleblowing e-Form
✉ whistle@bankrakyat.com.my
Disclosure of Identity
In order to enable the Company to accord the Whistleblower with the necessary protection under the Policy and also to obtain more details pertaining to the disclosure, the Whistleblower is required to disclose his/her personal details as follows:-
i. Name:
ii. NRIC No.:
iii. Contact Details (Office/Mobile/Home)
Scope of Reporting
Any improper conduct (misconduct or criminal offence) including but NOT limited to the following:-
- Fraud
- Bribery
- Abuse of Power
- Conflict of Interest
- Theft or embezzlement
- Misuse of Company's Property
- Non Compliance to Procedure
Only genuine concerns should be disclosed. The Whistleblower is responsible to ensure that the disclosure is made in good faith and free from any malicious intent. In addition, any disclosure which is found to be frivolous or vexatious will not be entertained.
If the investigation later revealed that the disclosure was made with malicious intent, appropriate action can be taken against the Whistleblower.
Content of the Disclosure
Any disclosure made herein should contain the following information:-
- Details of the person(s) involved
- Details of the allegation
- Nature of the allegation;
- Where and when the alleged misconduct/wrongdoing took place;
- Other relevant information; and
- Any supporting evidence if available
Protection Accorded to the Whistleblower
A Whistleblower will be accorded with protection under the Policy provided that the disclosure is made in good faith. Such protection is accorded even if the investigation later reveals that the Whistleblower is mistaken as to the facts and the rules and procedures involved.
The protection to the Whistleblower can be revoked under the following circumstances, among others:-
- The Whistleblower participated in the improper conduct;
- The Whistleblower willfully discloses a false statement;
- The disclosure is made with malicious intent; or
- The disclosure is frivolous or vexatious
Notification on the Outcome of the Disclosure
The Whistleblower will be notified on the outcome of his / her disclosure.
1. Who can be a whistleblower?
Any employee or Person or group of employees of the Bank or members of the public such
as the Bank’s vendors (ie: contractors, suppliers) and the Bank’s business partners (ie: panel
solicitors, auditors, valuers) who makes a disclosure against an employee of the Bank about
an actual, suspected or anticipated improper conduct within the Bank.
2. Why should I whistleblow?
Whistleblowing allows the Bank’s internal management to promptly investigate and
addressed improper conduct involving its employees before serious damage is caused. This
may help to preserve and build the Bank’s integrity and credibility to all its stakeholders.
3. What do you mean by “improper conduct”?
Improper Conduct means an improper behaviour or an act or conduct in relation to the
employee’s duties or work which is inconsistent with the due performance of his/her
obligations as an employee and includes breach of discipline or violation of the rules and
regulations as set out in the Bank’s Code of Business Conducts and Ethics or other unlawful
conduct punishable under the laws of Malaysia which shall include but not limited to the
following:
i. Criminal offences such as fraud, criminal breach of trust, forgery, terrorism, abetment,
theft or embezzlement;
ii. Bribery, corruption or blackmail;
iii. Abuse of Power;
iv. Conflict of Interest;
v. Misuse of Bank’s Property; OR
vi. Non-compliance to the Bank’s Code of Business Conducts and Ethics.
4. What should I disclose if I decide to whistleblow?
The following information are required by the Bank to expedite the communication,
investigation, deliberation and decision-making:
a. Details of the person(s) involved;
b. Details of the allegation:
c. Nature of the allegation;
d. Where and when the alleged misconduct/wrongdoing took place.
e. Other relevant information deemed useful to facilitate the investigation; and
d. Any supporting evidence (if available).
5. How do I report?
Any Employee or Person are encouraged to utilize one of the Bank’s multiple channels for
reporting concern of Improper Conduct such as follows:
• Report in writing using the Whistleblowing Form (Appendix1) direct to the Bank’s
Designated Recipient.
• Email to whistle@bankrakyat.com.my
• In person direct to the Head of CID
6. If I decide to be anonymous, is this permissible?
Yes, you may choose to report your concern anonymously in writing via any of the Bank’s
available reporting channel. However, if you choose to withhold your identity from the
report, investigators may be unable to ask you any additional follow-up questions which
could limit the scope of the investigation. The Bank may choose not to proceed with the
investigation if further relevant information is unattainable from sources other than from
the whistleblower.
7. What do you mean by ‘disclosure in good faith’?
Disclosure in good faith means a disclosure made under sincere belief without any
malicious motive or intent to damage one’s reputation or office. As far as the employees
are concerned, the disclosures are made in the best interest of the Bank.
8. Will I get the protection from disclosing improper conduct?
Yes, you will be accorded with protection of strict confidentiality unless otherwise required
by law and protection against any adverse and detrimental actions within the Bank.
However, the protection may be revoked if it was found that:
a) The Whistleblower himself has participated in the Improper Conduct disclosed;
b) The Whistleblower wilfully made in his disclosure of Improper Conduct a material
statement which he knew or believed to be false or did not believe to be true;
c) The disclosure of Improper Conduct is frivolous or vexatious;
d) The Whistleblower does not have personal knowledge or a factual basis for the
disclosure of Improper Conduct;
e) The disclosure of Improper Conduct is made solely or substantially with the motive of
avoiding dismissal or other disciplinary action; or
f) Where there are any other circumstances that indicate the disclosure has been made
with malicious intention, ulterior motive or for personal gain.
9. Will I be notified of the outcome of the investigation?
Yes, you will be notified upon completion of the process provided your identity is made
available during the disclosure. In addition, following your disclosure, you will be provided
with a reference number which will be used for subsequent communications.
10. Will any action be taken against me if the outcome of the investigation showed no improper
conduct has been committed?
As long as the disclosure was made in good faith, you will not be affected. However, in the
event that it is discovered that such disclosure was made with malicious/ill intent to injure
the reputation of the person against whom the disclosure was made, appropriate action
including legal action can be taken against you.
Any employee or Person or group of employees of the Bank or members of the public such
as the Bank’s vendors (ie: contractors, suppliers) and the Bank’s business partners (ie: panel
solicitors, auditors, valuers) who makes a disclosure against an employee of the Bank about
an actual, suspected or anticipated improper conduct within the Bank.
2. Why should I whistleblow?
Whistleblowing allows the Bank’s internal management to promptly investigate and
addressed improper conduct involving its employees before serious damage is caused. This
may help to preserve and build the Bank’s integrity and credibility to all its stakeholders.
3. What do you mean by “improper conduct”?
Improper Conduct means an improper behaviour or an act or conduct in relation to the
employee’s duties or work which is inconsistent with the due performance of his/her
obligations as an employee and includes breach of discipline or violation of the rules and
regulations as set out in the Bank’s Code of Business Conducts and Ethics or other unlawful
conduct punishable under the laws of Malaysia which shall include but not limited to the
following:
i. Criminal offences such as fraud, criminal breach of trust, forgery, terrorism, abetment,
theft or embezzlement;
ii. Bribery, corruption or blackmail;
iii. Abuse of Power;
iv. Conflict of Interest;
v. Misuse of Bank’s Property; OR
vi. Non-compliance to the Bank’s Code of Business Conducts and Ethics.
4. What should I disclose if I decide to whistleblow?
The following information are required by the Bank to expedite the communication,
investigation, deliberation and decision-making:
a. Details of the person(s) involved;
b. Details of the allegation:
c. Nature of the allegation;
d. Where and when the alleged misconduct/wrongdoing took place.
e. Other relevant information deemed useful to facilitate the investigation; and
d. Any supporting evidence (if available).
5. How do I report?
Any Employee or Person are encouraged to utilize one of the Bank’s multiple channels for
reporting concern of Improper Conduct such as follows:
• Report in writing using the Whistleblowing Form (Appendix1) direct to the Bank’s
Designated Recipient.
• Email to whistle@bankrakyat.com.my
• In person direct to the Head of CID
6. If I decide to be anonymous, is this permissible?
Yes, you may choose to report your concern anonymously in writing via any of the Bank’s
available reporting channel. However, if you choose to withhold your identity from the
report, investigators may be unable to ask you any additional follow-up questions which
could limit the scope of the investigation. The Bank may choose not to proceed with the
investigation if further relevant information is unattainable from sources other than from
the whistleblower.
7. What do you mean by ‘disclosure in good faith’?
Disclosure in good faith means a disclosure made under sincere belief without any
malicious motive or intent to damage one’s reputation or office. As far as the employees
are concerned, the disclosures are made in the best interest of the Bank.
8. Will I get the protection from disclosing improper conduct?
Yes, you will be accorded with protection of strict confidentiality unless otherwise required
by law and protection against any adverse and detrimental actions within the Bank.
However, the protection may be revoked if it was found that:
a) The Whistleblower himself has participated in the Improper Conduct disclosed;
b) The Whistleblower wilfully made in his disclosure of Improper Conduct a material
statement which he knew or believed to be false or did not believe to be true;
c) The disclosure of Improper Conduct is frivolous or vexatious;
d) The Whistleblower does not have personal knowledge or a factual basis for the
disclosure of Improper Conduct;
e) The disclosure of Improper Conduct is made solely or substantially with the motive of
avoiding dismissal or other disciplinary action; or
f) Where there are any other circumstances that indicate the disclosure has been made
with malicious intention, ulterior motive or for personal gain.
9. Will I be notified of the outcome of the investigation?
Yes, you will be notified upon completion of the process provided your identity is made
available during the disclosure. In addition, following your disclosure, you will be provided
with a reference number which will be used for subsequent communications.
10. Will any action be taken against me if the outcome of the investigation showed no improper
conduct has been committed?
As long as the disclosure was made in good faith, you will not be affected. However, in the
event that it is discovered that such disclosure was made with malicious/ill intent to injure
the reputation of the person against whom the disclosure was made, appropriate action
including legal action can be taken against you.
1. INTRODUCTION
1.1 This document sets the whistleblowing policy (hereinafter referred to as the
“Policy”) for all of the Bank’s employee and any person within the definition
stated under Para 4.0.
1.2 The Policy is developed taking into consideration the legislative requirements
under the Whistleblower Protection Act 2010, the requirement of BNM Corporate
Governance Policy (BNM/RH/PD 029-9) dated 3rd August 2016 and BNM
Guidelines on Corporate Governance for Development Financial Institutions
dated 19th November 2011.
1.3 The Policy is to be read together with:
(a) The Bank’s integrity framework;
(b) The Bank’s Code of Business Conducts and Ethics;
(c) The Bank’s Whistleblower Standard Operating Procedures;
(d) Whistleblower FAQ;
(e) Any other relevant documents.
1.4 Compliance with Law and Regulations
This policy is to be complied at all times and subject to laws and regulations of
Malaysia. In the event of any conflict or inconsistency between the provisions of
the Policy and the laws and regulations of Malaysia, the latter shall prevail.
2. POLICY STATEMENT
The Bank is committed to the highest standard of integrity and accountability in the
conduct of its affairs, businesses and operations. In achieving this standard, the Bank is
further committed to provide Employee or Person with the ability to confidentially
report their concerns of Improper Conduct relating to any Employee or Person without
fear or risk of reprisal. This Policy sets out avenues for legitimate concern to be
objectively investigated, addressed and that appropriate measures are taken in response.
3. OBJECTIVE OF THE POLICY
The objective of this Policy is:
3.1 To protect the values of transparency, integrity, impartiality and accountability
within the Bank
3.2 Sets out avenues for legitimate concerns to be objectively investigated and
addressed via a structured and effective reporting channel.
3.3 To clearly indicate the parties to whom concerns can be escalated within the Bank
and ensure that all Employees or Person within the definition of this Policy are
made aware of other avenues for whistleblowing to regulators or law enforcement
agencies.
3.4 To allow Employee or Person to raise concerns about illegal, unethical or
questionable practices in confidence without the risk of reprisal or Detrimental
Action within the Bank.
4. DEFINITIONS
5. SCOPE OF THE POLICY
5.1 This Policy applies to the Bank’s Employee and any Person within the definition
of this Policy. This policy does not apply to grievances concerning an Employee
terms of employment and such matter shall be dealt with in accordance with the
Bank Human Resource guidelines and policies. Should it be determined during
the preliminary investigation that the matter disclosed does not fall within the
scope of this Policy, such matters will be transferred and dealt with by the
appropriate personnel of the relevant department for appropriate process to be
taken.
5.2 Nothing in this Policy shall prohibits the Employee or Person from making
disclosures of Improper Conduct to the enforcement agencies, prior or after such
disclosures were made to the Bank.
5.3 However, it is to be noted that Whistleblower making disclosures of Improper
Conduct to the enforcement agencies pursuant to the Whistleblower Protection
Act 2010 shall be handled externally by the relevant authorities in accordance
with the relevant legislation and are independent of the process and procedures
described in this Policy.
6. REQUIREMENT OF GOOD FAITH
6.1 Whistleblower who intends to lodge any disclosure of Improper Conduct must
ensure that the disclosure is made in Good Faith. The disclosure must be
supported with a reasonable grounds or justification for believing such Improper
Conduct has occurred or will occur and that the action is made for the best
interest of the Bank and not for personal gain.
6.2 The element of Good Faith shall be deemed lacking if the following elements
exist:
a) The Whistleblower himself / herself has participated in the Improper Conduct
disclosed;
b) The Whistleblower wilfully made in his / her disclosure of Improper Conduct
a material statement which he / she knew or believed to be false or did not
believe to be true;
c) The disclosure of Improper Conduct is frivolous or vexatious;
d) The Whistleblower does not have personal knowledge or a factual basis for the
disclosure of Improper Conduct;
e) The disclosure of Improper Conduct is made solely or substantially with the
motive of avoiding dismissal or other disciplinary action; or
f) Where there are any other circumstances that indicate the disclosure has been
made with malicious intention, ulterior motive or for personal gain.
7. PROTECTION TO WHISTLEBLOWER
7.1 The Whistleblower’s identity will be accorded with protection of strict
confidentiality unless otherwise required by law. The Whistleblower will be
protected from Detrimental Action within the Bank as consequence of his/her
disclosure. The Bank shall not tolerate Detrimental Action against the
Whistleblower who has made disclosure in Good Faith even if the investigation
subsequently finds them to be untrue.
7.2 The Bank considers adverse or Detrimental Action against Whistleblower as a
serious improper conduct under the Bank’s Code of Business Conduct And Ethics
and such action shall be subject to disciplinary action including but not limited to
legal action, where applicable.
8. REVOCATION OF PROTECTION TO WHISTLEBLOWER
8.1 Any person who has not acted in Good Faith shall not be entitled to any
protection under this Policy. The protection under this Policy shall be
automatically revoked if the disclosures made does not fulfilled the elements of
Good Faith as stated under Para 6 above.
8.2 If the allegations are proven to be malicious or founded on bad faith, parties
responsible may be subject to appropriate action such as disciplinary action
including but not limited to legal action, where applicable.
9. ANONYMOUS DISCLOSURE
9.1 Any Employee or Person may choose to disclose the concern of Improper
Conduct anonymously. However, the Bank reserves it’s absolute discretion
whether to proceed with investigation or otherwise. Factors, amongst others, to be
considered includes seriousness of the concerns, credibility of the allegations, and
whether the concerns can realistically be investigated from sources other than
from the whistleblower.
10. ADMINISTRATION
10.1 CID shall administer all matters pertaining to the implementation of this Policy.
The administration will include and not limited to establishing relevant Standard
Operating Procedures to support the effective implementation of this Policy,
creating awareness program and working culture based on the values of integrity,
transparency, impartiality and accountability throughout the Bank.
11. REPORTING CHANNEL
11.1 Any Employee or Person are encouraged to utilize one of the Bank’s multiple
channels for reporting concern of Improper Conduct such as follows:
• Report in writing using the Whistleblowing Form (Appendix1) direct to the
Bank’s Designated Recipient.
• Email to whistle@bankrakyat.com.my
• In person direct to the Head of CID
1.1 This document sets the whistleblowing policy (hereinafter referred to as the
“Policy”) for all of the Bank’s employee and any person within the definition
stated under Para 4.0.
1.2 The Policy is developed taking into consideration the legislative requirements
under the Whistleblower Protection Act 2010, the requirement of BNM Corporate
Governance Policy (BNM/RH/PD 029-9) dated 3rd August 2016 and BNM
Guidelines on Corporate Governance for Development Financial Institutions
dated 19th November 2011.
1.3 The Policy is to be read together with:
(a) The Bank’s integrity framework;
(b) The Bank’s Code of Business Conducts and Ethics;
(c) The Bank’s Whistleblower Standard Operating Procedures;
(d) Whistleblower FAQ;
(e) Any other relevant documents.
1.4 Compliance with Law and Regulations
This policy is to be complied at all times and subject to laws and regulations of
Malaysia. In the event of any conflict or inconsistency between the provisions of
the Policy and the laws and regulations of Malaysia, the latter shall prevail.
2. POLICY STATEMENT
The Bank is committed to the highest standard of integrity and accountability in the
conduct of its affairs, businesses and operations. In achieving this standard, the Bank is
further committed to provide Employee or Person with the ability to confidentially
report their concerns of Improper Conduct relating to any Employee or Person without
fear or risk of reprisal. This Policy sets out avenues for legitimate concern to be
objectively investigated, addressed and that appropriate measures are taken in response.
3. OBJECTIVE OF THE POLICY
The objective of this Policy is:
3.1 To protect the values of transparency, integrity, impartiality and accountability
within the Bank
3.2 Sets out avenues for legitimate concerns to be objectively investigated and
addressed via a structured and effective reporting channel.
3.3 To clearly indicate the parties to whom concerns can be escalated within the Bank
and ensure that all Employees or Person within the definition of this Policy are
made aware of other avenues for whistleblowing to regulators or law enforcement
agencies.
3.4 To allow Employee or Person to raise concerns about illegal, unethical or
questionable practices in confidence without the risk of reprisal or Detrimental
Action within the Bank.
4. DEFINITIONS
| Anonymous Whistleblower | Means any person who makes a disclosure of suspected, potential or actual, current or past Improper Conduct (ie: illegal / fraudulent / unethical / questionable practices) to the Bank without disclosing his / her identity. |
| Bank | Means Bank Kerjasama Rakyat Malaysia Berhad including all its subsidiaries. |
| BOD | Means Board of Directors and Chairman of the Bank. |
| Corporate Integrity Department (CID) | Means the responsible department within the Bank which handles disclosures concerning Improper Conduct and having its responsibilities and obligations set out in the Bank’s policy, procedures and standard operating procedures. |
| Designated Recipient | Means Head of Corporate Integrity Department |
| Detrimental Action |
Includes:- a) Action causing injury, loss or damage; b) Intimidation or harassment; c) Interference with the lawful employment or livelihood of any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or taking of disciplinary action; and d) A threat to take any of the actions referred to under item (a) to (c). |
| Employee | Means individual employed by the Bank either on permanent, contract, temporary, on assignment, or secondment basis. |
| Good Faith | Means a reasonable belief or honest intent to act without taking an unfair advantage over another person even when some legal technicality is not fulfilled |
| Improper Conduct | Means any conduct which if proved, constitutes a disciplinary offence under the Bank Code of Business Conduct and Ethics (COBCE) or a criminal offence punishable under the laws of Malaysia. |
| Person | Means Bank’s Board of Directors, vendors, customer, business partners, suppliers and contractors (where applicable) |
| Responsible Parties | Persons or Departments within the Bank responsible in conducting any inquiry or investigation on the disclosure |
| Whistleblower | Means any Employee or Person who makes a disclosure of suspected, potential or actual, current or past illegal or Improper Conduct in good faith to the Bank’s available reporting channels. |
| Whistleblowing | Means a deliberate, voluntary disclosure or reporting of an individual or organizational malpractice by employee or any person (who has privileged access to information) on an actual (past or present) or suspected improper conduct within the Bank based on his or her reasonable belief. |
5. SCOPE OF THE POLICY
5.1 This Policy applies to the Bank’s Employee and any Person within the definition
of this Policy. This policy does not apply to grievances concerning an Employee
terms of employment and such matter shall be dealt with in accordance with the
Bank Human Resource guidelines and policies. Should it be determined during
the preliminary investigation that the matter disclosed does not fall within the
scope of this Policy, such matters will be transferred and dealt with by the
appropriate personnel of the relevant department for appropriate process to be
taken.
5.2 Nothing in this Policy shall prohibits the Employee or Person from making
disclosures of Improper Conduct to the enforcement agencies, prior or after such
disclosures were made to the Bank.
5.3 However, it is to be noted that Whistleblower making disclosures of Improper
Conduct to the enforcement agencies pursuant to the Whistleblower Protection
Act 2010 shall be handled externally by the relevant authorities in accordance
with the relevant legislation and are independent of the process and procedures
described in this Policy.
6. REQUIREMENT OF GOOD FAITH
6.1 Whistleblower who intends to lodge any disclosure of Improper Conduct must
ensure that the disclosure is made in Good Faith. The disclosure must be
supported with a reasonable grounds or justification for believing such Improper
Conduct has occurred or will occur and that the action is made for the best
interest of the Bank and not for personal gain.
6.2 The element of Good Faith shall be deemed lacking if the following elements
exist:
a) The Whistleblower himself / herself has participated in the Improper Conduct
disclosed;
b) The Whistleblower wilfully made in his / her disclosure of Improper Conduct
a material statement which he / she knew or believed to be false or did not
believe to be true;
c) The disclosure of Improper Conduct is frivolous or vexatious;
d) The Whistleblower does not have personal knowledge or a factual basis for the
disclosure of Improper Conduct;
e) The disclosure of Improper Conduct is made solely or substantially with the
motive of avoiding dismissal or other disciplinary action; or
f) Where there are any other circumstances that indicate the disclosure has been
made with malicious intention, ulterior motive or for personal gain.
7. PROTECTION TO WHISTLEBLOWER
7.1 The Whistleblower’s identity will be accorded with protection of strict
confidentiality unless otherwise required by law. The Whistleblower will be
protected from Detrimental Action within the Bank as consequence of his/her
disclosure. The Bank shall not tolerate Detrimental Action against the
Whistleblower who has made disclosure in Good Faith even if the investigation
subsequently finds them to be untrue.
7.2 The Bank considers adverse or Detrimental Action against Whistleblower as a
serious improper conduct under the Bank’s Code of Business Conduct And Ethics
and such action shall be subject to disciplinary action including but not limited to
legal action, where applicable.
8. REVOCATION OF PROTECTION TO WHISTLEBLOWER
8.1 Any person who has not acted in Good Faith shall not be entitled to any
protection under this Policy. The protection under this Policy shall be
automatically revoked if the disclosures made does not fulfilled the elements of
Good Faith as stated under Para 6 above.
8.2 If the allegations are proven to be malicious or founded on bad faith, parties
responsible may be subject to appropriate action such as disciplinary action
including but not limited to legal action, where applicable.
9. ANONYMOUS DISCLOSURE
9.1 Any Employee or Person may choose to disclose the concern of Improper
Conduct anonymously. However, the Bank reserves it’s absolute discretion
whether to proceed with investigation or otherwise. Factors, amongst others, to be
considered includes seriousness of the concerns, credibility of the allegations, and
whether the concerns can realistically be investigated from sources other than
from the whistleblower.
10. ADMINISTRATION
10.1 CID shall administer all matters pertaining to the implementation of this Policy.
The administration will include and not limited to establishing relevant Standard
Operating Procedures to support the effective implementation of this Policy,
creating awareness program and working culture based on the values of integrity,
transparency, impartiality and accountability throughout the Bank.
11. REPORTING CHANNEL
11.1 Any Employee or Person are encouraged to utilize one of the Bank’s multiple
channels for reporting concern of Improper Conduct such as follows:
• Report in writing using the Whistleblowing Form (Appendix1) direct to the
Bank’s Designated Recipient.
• Email to whistle@bankrakyat.com.my
• In person direct to the Head of CID