GREECE Law and Practice Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Panagiota Kelali, POTAMITISVEKRIS
fewer than 70 employees are not subject to such a statutory obligation but may voluntarily adopt internal work regulations; in such cases, HR inter - nal investigations may likewise be carried out on the basis of those regulations. In all cases, inves - tigations must be limited to employment-related matters and conducted in accordance with appli - cable labour law and data protection requirements, including the principles of necessity, proportionality and data minimisation. Beyond the cases expressly provided for by law, any other type of HR internal investigation, as well as the specific manner in which such investigation is con - ducted (as further described below), is based on the employer’s right to manage his/her company and rec - ognised best practices, usually reflected in company policies, given that Greek law does not exhaustively regulate or specify the procedural steps for the con - duct of HR internal investigations outside the above statutory frameworks. 1.3 Communication Channels Employers must maintain dedicated channels ena - bling employees to report concerns. For violence and harassment matters, the GLC requires confidential, accessible reporting mechanisms, though it does not prescribe a specific format. Employers typically imple - ment HR mailboxes, designated officers or secure internal systems. Under Law 4990/2022, reporting channels must include written, oral and electronic options, such as telephone lines, voicemail systems and an online plat - form accessible to people with disabilities. A personal meeting with the Internal Reporting Officer (IRO) must be available upon request. Anonymous reporting is not mandatorily accepted. In all cases, confidentiality of the reporter’s identity and any third parties involved shall be strictly protected (see also 8.1 Whistle-Blow- ing for further details). 1.4 Responsibility Responsibility for internal investigations in Greece depends on the applicable legal framework. In cases of violence and harassment in the workplace, the responsible person for receiving the complaints
and handling the internal investigation is defined in the respective company policy (see 5.1. Requirements ). Generally, investigations are typically carried out by HR, legal or compliance functions that are sufficiently independent from the reporting line of the individuals concerned. Even the employer may carry out an HR internal investigation in cases of smaller enterprises. External counsel is commonly engaged, particularly where allegations involve senior management or increased legal, reputational or data protection risks. Whistle-blowing reports are governed by a distinct and mandatory regime under Law 4990/2022. Such reports must be handled by the IRO, who operates independently, safeguards confidentiality and deter - mines whether and how the matter should be referred to competent internal bodies or external authorities. Whistle-blowing investigations are not conducted by HR as such, and any involvement of external coun - sel must be co-ordinated through the IRO and remain aligned with the statutory safeguards set out in the law. 1.5 Obligation to Carry Out an HR Internal Investigation An investigation is mandatory by law in two scenarios. First, when a formal complaint alleging violence or harassment in the workplace is submitted under the GLC. The employer must examine the complaint with confidentiality and diligence. Second, when a whistle- blowing report is submitted under Law 4990/2022, triggering the IRO’s statutory duties to acknowledge receipt, assess the report and take appropriate fol - low-up action. Failure to investigate in these contexts may expose the employer to administrative penalties, liability for breach of workplace safety obligations or claims of insufficient protection of employees’ rights. 1.6 Prohibition on Carrying Out an HR Internal Investigation Internal investigations may be restricted or temporarily inadvisable where data protection rules prevent lawful processing. Employers cannot conduct investigative steps that are disproportionate, unnecessary or lack a lawful basis under GDPR. Processing special cat - egory data (eg, health information) is restricted unless specific legal conditions are met. Investigations may also be paused where they risk interfering with ongo -
176 CHAMBERS.COM
Powered by FlippingBook