FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
Axipiter 5 rue de Téhéran 75008 Paris France
Tel: +33 646722670 Email: ek@axipiter.fr Web: www.axipiter.fr
1. Opening an HR Internal Investigation 1.1 Circumstances Internal HR investigations in France are usually trig - gered by any matter that could impact compliance, workplace integrity, or employee wellbeing. Investiga - tions arise when facts or allegations suggest poten - tial breaches of internal rules, statutory obligations, or workplace standards. Common triggers include: • employee complaints or whistle-blowing reports regarding harassment, discrimination, retaliation, or other misconduct; • ethical or compliance concerns, such as fraud, corruption, conflicts of interest, misappropriation of company assets, or violations of data protection rules; • incidents affecting workplace safety or integrity, including health and safety breaches or behaviour that could undermine the work environment; and • regulatory or legal risks that could expose the company to civil, criminal, or administrative liability. A key example under French law concerns allegations of harassment or discrimination. Employers have a legal duty to act promptly and take appropriate meas - ures. Under Article L.4121-1 of the French Labour Code, employers must take all necessary steps to ensure the safety and protect the physical and mental health of workers. This includes: • preventing harassment (L.1152-4); and • preventing, stopping, and sanctioning sexual har - assment (L.1153-5).
Since the 2016 reform, an employer’s liability for har - assment can be limited if the employer demonstrates that it has implemented all preventive measures and that it took immediate action once aware of allega - tions (Cass. Soc., 1 June 2016, No 14-19.702). Conducting an internal investigation promptly and impartially is considered a key measure for assess - ing the validity of such allegations and implementing corrective actions, helping to mitigate potential legal exposure. 1.2 Bases HR internal investigations in France can be conducted on the basis of legal obligations, best practice con - siderations, or the employer’s discretionary powers. These three categories determine whether an inves - tigation is mandatory, recommended, or optional, depending on the circumstances. Legal Obligations to Conduct an Investigation Certain situations require the employer to carry out an internal investigation, as follows. • Social and Economic Committee ( Comité Social et Économique – CSE) alerts: A member of the CSE may exercise a right of alert regarding breaches of individual rights (Articles L.2312-5 and L.2312-59) or in the event of serious and imminent danger (Articles L.2312-5, L.2312-60, and L.4132-1 et seq). • Whistle-blowing reports: Reception of a report via a professional alert system established under Law No 2016-1691 of 9 December 2016 (Sapin II), applicable to companies with at least 50 employ - ees.
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