CHINA Law and Practice Contributed by: Yang Cheng, Songshan Liu, Yan Yu and Weina Wang, Lantai Law Firm
Remote interviews are valid so long as basic pro - cedural safeguards are observed, including identity verification, proper documentation, and review and confirmation of interview records. The use of audio or video interviews does not, in itself, undermine eviden- tiary value if authenticity and traceability are ensured. Where remote interviews involve the processing or transmission of personal information, employers must comply with applicable data protection and cyberse - curity requirements. Interview records may be con - firmed by handwritten or reliable electronic signatures, which have equivalent legal effect under PRC law. 3.4 Interviewers In HR internal investigations, interviews are common - ly conducted by two interviewers, typically with one leading the questioning and the other responsible for note-taking. This is an established practice rather than a legal requirement. PRC law does not prescribe the number, seniority or professional background of interviewers. In practice, interviewers are selected based on authorisation, competence and absence of conflicts of interest, and may come from HR, legal, compliance, internal audit functions or external advisers. There is no legal requirement regarding interviewer gender. However, in sensitive matters such as sexual harassment or cases involving minors, employers often arrange for gender-sensitive interviewer com - position as a matter of good practice. Interviewers must remain objective and observe pro - cedural boundaries. Interviews may not involve coer - cion, intimidation or unlawful data collection, and interview records must be accurately documented and properly retained. 3.5 Neutral Party Under PRC law, there is no requirement that inter - views in an HR internal investigation be witnessed by an independent third party. Internal investigations are part of the employer’s management function, and the absence of a third-party witness does not affect the validity of the interview or the investigation.
PRC law does not extend statutory neutrality or wit - ness requirements applicable to administrative or regulatory procedures to corporate HR investigations. In practice, employers may voluntarily involve neutral or semi-independent participants in sensitive or high- risk cases, such as sexual harassment, discrimina - tion, senior management investigations, or matters involving potential termination or litigation risk. Such involvement is a risk-management choice rather than a legal requirement. 3.6 Support Person and/or Lawyer Under PRC law, interviewees in HR internal investiga - tions do not have an automatic or statutory right to be accompanied by another person. Whether accompa - niment is permitted depends on the employer’s law - fully implemented internal rules and management discretion. As a general rule, interviewees do not have the right to require the presence of personal legal counsel. The right to lawyer accompaniment applies to administra - tive or criminal proceedings and does not extend to internal corporate investigations. In practice, employers often restrict accompaniment to protect confidentiality, personal data and investi - gation integrity. In limited and sensitive cases, such as sexual harassment or heightened employee vul - nerability, accompaniment may be allowed as a pru - dential measure rather than a legal obligation. Refusal of accompaniment in accordance with internal rules does not affect the validity or evidentiary value of the interview. 3.7 Information In HR internal investigations, interviewees should be provided with basic procedural information at the beginning of the interview and, where appropriate, at its conclusion. This is regarded as good practice and, in certain respects, required to support procedural fairness and evidentiary reliability. At the start of the interview, interviewers typically explain the purpose and scope of the interview, iden - tify themselves, clarify that the interview forms part of an internal fact-finding process, and inform the inter -
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