FRANCE Law and Practice Contributed by: Eva Kopelman, Ségolène Cox and Alexis Alié-Sandevoir, Axipiter
8.5 Multi-Jurisdictional HR Internal Investigations
Recent Developments Since the entry into force of the “Barème Macron” in 2017 (Article L.1235-3), which caps statutory or contractual dismissal compensation, claims related to moral harassment have significantly increased, reflecting heightened awareness and enforcement. 8.4 Criminal Cases In France, employers are generally not under a specif - ic legal obligation to report criminal offences of which they become aware. Exceptions Employers must report certain crimes under the Crimi - nal Code, such as crimes or abuse, assaults, or sexual offences committed against minors or vulnerable per - sons. Criminal Nature of Workplace Harassment or Discrimination • Moral harassment (Article 222-33-2, Criminal Code) and sexual harassment (Article 222-33, Criminal Code), as well as discrimination (Articles 225-1 to 225-4, Penal Code), are criminal offences. • Employees may pursue the perpetrator directly in criminal court, in addition to any internal inves - tigation or labour court proceedings ( Conseil de Prud’hommes ). • Internal investigations may continue during a crimi - nal investigation, but must not obstruct it. Practical considerations include the following. • Due to lengthy criminal proceedings and psycho - logical impact, employees often prefer to pursue labour claims first, which allow for comprehensive remedies regarding working conditions or contract termination. • Initiation of criminal proceedings can delay or block labour court proceedings until a criminal decision is rendered. • Employers are advised to cooperate with criminal authorities to demonstrate good faith. • Employers who suffer a prejudice (eg, reputational harm) due to the actions of an employee may join criminal proceedings as a civil party (Cass. Crim., 14 Nov. 2017, No 16-81.161).
In France, there are no specific legal procedures for multi-jurisdictional or cross-border internal investiga - tions. Domestic Investigations With an International Dimension Any internal investigation conducted in France, regardless of its international scope, must comply with the guiding principles outlined in 5.1 Requirements , including impartiality, confidentiality, and respect for fundamental rights. Investigations conducted in France by a foreign employer must: • comply with French labour law; • respect fundamental rights and freedoms; and • comply with data protection requirements under the GDPR. Investigations conducted abroad by a French employ - er must: • respect the applicable local laws; • ensure GDPR compliance for any personal data transferred to France; and • adapt investigative methods to local regulations. Practical considerations for international investiga - tions: • central co-ordination by an ethics/compliance team is recommended; • a global protocol to harmonise local legal require - ments and practices across jurisdictions should be implemented; and • local counsel should be engaged where necessary to ensure procedural compliance.
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