CHINA Law and Practice Contributed by: Yang Cheng, Songshan Liu, Yan Yu and Weina Wang, Lantai Law Firm
6.3 Conclusion PRC labour and employment laws do not prescribe a mandatory form for concluding an HR internal inves - tigation, nor do they require a written investigation report. The legal focus lies on the legality of internal rules, the lawfulness of subsequent disciplinary or ter - mination decisions, and the admissibility of evidence. In practice, however, HR internal investigations are usually concluded through a written investigation report or conclusion memo. This reflects common governance and compliance practice and serves to document the following: • investigation scope; • process; • evidence reviewed; and • factual findings. While not legally compulsory, written conclusions are often critical in labour arbitration or litigation. Employ - ers bear the burden of proof, and the absence of writ - ten investigation records may weaken the evidentiary basis for disciplinary action or termination. Accordingly, finalising investigations in writing repre - sents prevailing best practice and the practical stand - ard for closing HR internal investigations and support - ing subsequent employment decisions. 6.4 Reports PRC labour and employment laws do not prescribe mandatory content requirements for written HR internal investigation reports. There is no statutory checklist. The legal focus is whether the employer can substantiate its decisions, comply with required procedures, and meet its burden of proof, rather than the formal structure of the report. In practice, report content is shaped by lawfully adopted internal rules and common investigative practice. Although not legally required, a structured report has become the prevailing standard for ensur - ing defensibility. Investigation reports typically:
• summarise the background and trigger of the investigation; • identify the respondent(s); • outline the investigation scope and methods; and • set out factual findings with reference to support - ing evidence. Relevant materials are often appended or cross-refer - enced to ensure traceability. Reports may also include recommended follow-up actions, such as: • disciplinary measures; • remediation; or • case closure. While optional, such recommendations support inter - nal decision-making and risk management. In labour disputes, investigation reports often serve as key evidence. Reports demonstrating lawful proce - dures, reliable evidence handling and reasoned con - clusions are generally more persuasive and therefore widely used in practice. 6.5 Information PRC law does not grant parties a general right to receive the outcome or full report of an HR internal investiga - tion. There is no statutory obligation to disclose investi - gation results to all involved parties. Disclosure obliga - tions arise only where investigation outcomes affect an employee’s employment rights or obligations. The respondent (the investigated employee) is the pri - mary rights-holder. Where investigation findings sup - port disciplinary action, job adjustment, pay conse - quences or termination, the employer must inform the respondent of the key conclusions, applicable internal rules and the main factual basis relied upon. Sanc - tions may not be imposed without adequate notice of reasons. By contrast, reporters or complainants have no right to detailed disclosure. In practice, they are usually pro - vided only with high-level feedback, such as whether the allegation was substantiated and whether action was taken. Trade unions are entitled to be informed
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