FINLAND Law and Practice Contributed by: Anu Waaralinna, Jukka Paloheimo, Oskari Lindholm and Elmiira Kutvonen, Roschier
1. Opening an HR Internal Investigation 1.1 Circumstances There are many ways that an employer can receive information that may give rise to an HR internal investigation. The most common way is an employee complaint or the receipt of other information from an employee or an employee representative. How - ever, information can come from anywhere, and the employer is obliged to act regardless of the source. Although HR matters do not fall within the scope of Finnish whistle-blowing legislation, it is also quite common that the employer receives information requiring the start of an HR internal investigation from its whistle-blowing channel. The most common circumstances for opening an HR internal investigation relate to claims of long-term bullying or harassment or other types of inappropri - ate behaviour. Other typical circumstances include the alleged misuse of business secrets or misuse of company funds. 1.2 Bases There is no legal provision that directly requires car - rying out HR internal investigations. However, certain provisions of the Occupational Health and Safety Act (738/2002) are deemed as the legal basis for an inter - nal HR investigation. Section 28 of the aforementioned Act concerns har - assment or other inappropriate treatment that occurs at work and creates a risk or hazard to the employee’s health. Based on the provision, after becoming aware of the matter, the employer must, by the available means, take measures to remedy it. In practice, this provision includes an obligation to investigate suspi - cions of harassment and other inappropriate behav - iour so that the employer can establish whether a breach requiring such remedial action has occurred. 1.3 Communication Channels Although employers are under no obligation to provide specific channels for reporting HR-related concerns, they must ensure that appropriate procedures are in place for employees to report incidents and concerns. Employers may freely choose the procedures and channels for reporting such concerns. However, unlike
for whistle-blowing matters, anonymous reporting of HR concerns is not possible, as the employer can - not investigate the matter appropriately if the report is made anonymously. The process should therefore be organised so that employees report matters in their own name. 1.4 Responsibility There are no specific rules regarding who carries out an internal HR investigation. The most important fac - tors when determining the appropriate investigator are the investigator’s impartiality and competence. Often, a member of the company’s own HR team fulfils both criteria, but there are also exceptions. Companies may also have dedicated compliance officers. If the employer’s management team member, HR team member or compliance officer is the subject of the claims or concerns, or if the claims are unusually complex or sensitive, it is usually recommended that an external counsel is brought in to participate in or conduct the investigation. This underlines the impar - tiality and objectivity of the investigation. However, if there is no personal connection to the claims and no other reason to suspect impartiality, it is possible that the company’s HR director will investigate the actions of another management team member. 1.5 Obligation to Carry Out an HR Internal Investigation The circumstances in which an internal HR investiga - tion must be carried out are in practice reflected in Section 28 of the Occupational Health and Safety Act (738/2002) (see 1.2 Bases ). According to this provi - sion, when the employer becomes aware that there might be circumstances, such as bullying or threat of violence, endangering employees’ psychical or mental well-being, actions must be taken. This usu - ally includes conducting an internal HR investigation so that the employer can first determine what has happened. In case the employer remains passive and does not act in accordance with Section 28, the man - agement can be subject to criminal charges for an occupational health and safety crime.
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