Complaint Handling
Tempus Public Foundation - Complaints Handling Policy
1. Purpose of the Policy
1.1. Tempus Public Foundation (hereinafter: the Foundation or TPF) sets out, in this Complaints Handling Policy (hereinafter: the Policy), the procedural framework for the uniform, efficient, and transparent handling of complaints submitted to it, as well as the rules for maintaining records of complaints.
1.2. Contact details of the Foundation:
- Registered seat: 1077 Budapest, Kéthly Anna tér 1.
- Telephone: Central number: (+36 1) 237-1300, and the telephone contact details are available on the Foundation’s website
- Website: www.tka.hu
- E-mail: info@tpf.hu
2. Fundamental Principles
2.1. The Foundation treats the prompt investigation and remedying of complaints as a priority task. Complaints received are regularly analysed by the Foundation, and the results of such analyses are used to further develop and improve the complaints handling process.
2.2. The handling of complaints must be prompt, objective, and substantive. During this process, the cause of the complaint must be identified and subsequently remedied as soon as possible. In its response to the complaint, the Foundation provides a detailed account of the results of the full investigation of the complaint, the measures taken to resolve or remedy it, or, in the event of rejection, the reasons for such rejection.
2.3. The Foundation investigates, remedies, or rejects incoming complaints in accordance with the applicable legislation, taking into account all relevant circumstances.
2.4. The Foundation refrains from investigating unidentifiable or anonymous submissions. However, if an unidentifiable submission is based on a serious violation of law or legitimate interests, an investigation may still be conducted.
2.5. In particular, a complaint shall mean an individual request aimed at remedying an individual violation of rights or legitimate interests relating to the conduct, activity, or omission of the Foundation’s office or an employee of the Foundation’s office, the handling of which does not fall within the scope of another procedure, in particular judicial, administrative, or authority proceedings.
2.6. The following shall not be considered a complaint:
- a) Any oral request or grievance that can be resolved directly by the provision of information, or where the complainant accepts the oral proposal for resolution made by an employee of TPF.
- b) Where the complainant, either orally or in writing, requests general information, opinion, or an official position statement from the Foundation, submits a request for equitable consideration, communicates a fact, or formulates solely a proposal.
- c) An objection related to the assessment of a force majeure request submitted by a beneficiary.
- d) An objection pursuant to Section 102/D of Government Decree No. 368/2011. (XII. 31.) on the implementation of Act on Public Finances.
- e) The exercising of rights related to the processing of personal data or the protection of personal data managed by the Foundation.
- f) An objection submitted explicitly in relation to the Chairman of the Board of Trustees or a decision of the Board of Trustees. Such objections shall be forwarded by the Director General to the Board of Trustees or its Chairman, together with the opinions of the relevant organisational units of the Foundation’s office.
- g) An alleged violation of the requirement of equal treatment, in which case the complainant may submit a request for an authority procedure to the Equal Treatment Directorate-General operating within the Office of the Commissioner for Fundamental Rights (1051 Budapest, Nádor utca 22.; https://www.ajbh.hu/ebff). In addition, the complainant may also initiate civil proceedings against the infringer in accordance with the provisions of the Civil Code.
3. Scope of the Policy
3.1. The personal scope of this Policy shall extend to all organisational units and employees of the Foundation’s office.
3.2. The material scope of this Policy shall cover the handling, investigation, response to, and registration of complaints within the Foundation.
4. Applicable Legislation
4.1. This Policy shall be applied in accordance with the provisions of the following legislation:
- Act No. LXXVII of 2013 on Adult Education;
- Act No. V of 2013 on the Civil Code;
- Act No. CXXX of 2016 on the Code of Civil Procedure;
- Act No. XXV of 2023 on Complaints, Public Interest Disclosures, and the Rules Related to the Reporting of Abuses;
- Act No. CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information (hereinafter: the Infotv.).
4.2. For the interpretation of the terms used in this Policy, the provisions of Act No. XXV of 2023 on Complaints, Public Interest Disclosures, and the Rules Related to the Reporting of Abuses shall be applicable.
5. Methods of Submitting a Complaint and the Procedure of Complaint Handling
5.1. Oral Complaints
5.1.1. Anyone is entitled to submit an oral complaint free of charge: a) In person at the Foundation’s registered seat at 1077 Budapest, Kéthly Anna tér 1, after setting up a prior appointment with an employee of the Foundation is necessary; b) Over the telephone via the Foundation’s central number: (+36 1) 237-1300.
5.1.2. In the case of an oral complaint, if the employee receiving the complaint cannot propose a solution acceptable to the complainant (see Section 2.6(a)), the employee is obliged to provide the complainant with oral information about the complaints procedure and data processing in accordance with Annex 4. If the complainant still wishes to proceed with the oral complaint, the employee must ensure that the complainant acknowledges and understands the information provided and then record the complainant’s statement along with the substantive content of the complaint in the complaints record form set out in Annex 1 of this Policy. A copy of this record must be immediately provided to the complainant, or, if that is not possible, sent to them as soon as possible in the manner requested by the complainant.
5.1.3. The employee receiving the complaint shall promptly forward the original complaints record to the Head of Audit, who shall send an electronic version to the Quality Management Officer and the senior management of the directorate concerned (Director or Head of Secretariat), and shall also inform the Director General of the complaint.
5.1.4. The directorate concerned, according to the content of the complaint - in cooperation with other relevant organisational units if necessary (hereinafter collectively: the relevant organisational units) - shall examine the complaint immediately if possible, and, following the Head of Audit’s notification, shall remedy it immediately where feasible. The result of the complaint investigation shall be recorded by the Head of Audit in the Complaints Handling Record in accordance with Annex 3, with the Quality Management Officer informed. The complainant shall be informed in accordance with Section 6 of this Policy.
5.1.5. The written response shall be prepared by the directorate concerned - in the manner and within the deadline specified in Sections 5.2.7–11 and 6 - and sent to the complainant as specified therein, with the involvement of the Head of Audit and the approval of the Director General.
5.2. Written Complaints
5.2.1. Anyone is entitled to submit a written complaint free of charge:
- a) In person at the Foundation’s registered seat at 1077 Budapest, Kéthly Anna tér 1, following a prior appointment;
- b) By post to the mailing address: Tempus Public Foundation, 1438 Budapest 70, P.O. Box 508;
- c) Electronically via e-mail to the following Foundation e-mail address: panaszbejelentes@tpf.hu. If an e-mail is sent directly to an employee, it must be immediately forwarded to panaszbejelentes@tpf.hu.
5.2.2. A written complaint must be signed by the complainant to be valid. In the case of a complaint submitted by e-mail - if not signed with an electronic signature - a simple electronic copy (PDF) of a paper version personally signed by the complainant is also acceptable. If the complaint is submitted through a representative or an authorised person, the name of the individual acting in that capacity must be indicated. In the case of a power-of-attorney, a fully certified authorisation document signed by the authorised person must be attached.
5.2.3. A written complaint may also be submitted using the complaint form proposed by the Foundation, available on the website (tka.hu/panaszkezeles), in accordance with Annex 2 of this Policy.
5.2.4. To assess a written complaint, a clear description of the complaint is required. In cases involving multiple activities complained, each must be recorded separately. A precise request and, if available, supporting documents must be attached. If there are previous related incidents, the complainant must provide information regarding them.
5.2.5. The registration of the received written complaint shall be handled by the Head of Audit in accordance with the Document Management Policy, who must also inform the Quality Management Officer. Within five working days of receipt, the Head of Audit shall contact the organisational unit responsible for the subject of the complaint to clarify the matter and send them the complaint.
5.2.6. If another authority is competent to handle the received complaint, the Foundation shall transfer it to the competent authority within eight days of receipt and notify the complainant in writing. If the Foundation identifies, during its review, that the complaint falls under another procedure, it shall promptly forward it to the competent authority and simultaneously inform the complainant.
5.2.7. The organisational unit concerned - cooperating with other units and the Quality Management Officer if necessary - shall prepare its reasoned official position and proposal regarding the written complaint. The Head of Audit shall present the Complaints Handling Record and draft response, including the measures taken to resolve the complaint, to the Director General. The Director General shall send a signed response to the complainant within 15 (fifteen) working days of receipt of the complaint. The response shall be sent in the manner indicated by the complainant, or if none is specified, depending on the method of receipt, by post or e-mail.
5.2.8. If the assessment is expected to take longer than 15 (fifteen) working days, the complainant shall be informed within the deadline specified above, including the expected date of response and reasons for the delay. The deadline may be extended once, by a maximum of 15 (fifteen) working days. If the available information is insufficient to assess the complaint, the complainant may be asked to provide additional information or clarification.
5.2.9. During the assessment, the rules and deadlines applicable to the relevant program or funding relationship (e.g., deadlines for financial execution of support) must also be considered.
5.2.10. Following the investigation, there are three possible outcomes: a) acceptance of the complaint, b) partial acceptance of the complaint, c) rejection of the complaint.
5.2.11. The Foundation shall reject a complaint:
- a) if it is a repeated complaint with identical content submitted by the same complainant;
- b) if it becomes evident that the complainant acted in bad faith, providing false data or information;
- c) if the complaint is submitted later than six months after the complainant became aware of the contested activity or omission. If submitted after six months but no later than twelve months from the occurrence of the contested activity or omission, the complaint may be considered provided if the complainant adequately proves or reasonably demonstrates that they only became aware of the contested activity or omission after the initial six-month period;
- d) if the complaint is submitted later than one year after the occurrence of the contested activity or omission.
6. Notification in Case of Complaint Rejection or Acceptance
6.1. The complainant must be informed in writing if the complaint is rejected. In cases of legal disputes regarding the conclusion, validity, legal effects, or termination of a contract, as well as breaches of contract and their legal consequences, the complainant may turn to the competent court.
6.2. When resolving a complaint, the Foundation shall promptly inform the complainant in writing of the measures taken or, if no action was taken, the reasons for this. Written notification may be omitted if the complainant has been orally informed of the complaint’s resolution and has acknowledged the information.
7. Complaints Register and Data Protection
7.1. The Head of Audit shall maintain a register of complaints, containing at least the following information:
- the case registration number;
- the name of the complainant;
- a description of the complaint, specifying the event or fact subject to the complaint;
- the date and method of submission of the complaint;
- a description of the measures taken to remedy the complaint, or, in case of rejection, the reasons for rejection;
- the decision regarding the claim indicated in the complaint;
- the date and method of responding to the complaint.
7.2. Personal data included in the register and in documents related to complaints shall only be used for the purposes of maintaining the complaints register and resolving complaints. The Foundation shall process such data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), as well as Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information (Infotv.).
7.3. The Foundation shall retain complaints and related documents for the period prescribed by the statute of limitations under civil law, i.e., for 5 (five) years.
8. Closing Provisions
8.1. The Foundation shall display the Complaints Handling Policy and the related data management information on complaints handling in the premises open to clients, and also publish them on its website (www.tka.hu).
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- Adatvédelmi tájékoztató
Panaszbejelentő űrlap:
panaszát az itt letölthető panaszbejelentő űrlap kitöltésével nyújthatja be írásban a panaszbejelentes@tpf.hu címre