GREECE Law and Practice Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Panagiota Kelali, POTAMITISVEKRIS
ing criminal proceedings, as investigative acts falling within prosecutorial or police competence cannot be
is informed that their complaint has been received and will be duly examined. This communication typi - cally focuses on reassurance regarding confidential - ity, procedural fairness and non-retaliation guarantees rather than specifics of investigative steps. Also, as regards the respondent, Greek law does not impose an automatic right to be notified upon the initiation of an internal investigation or about its progress. As a result, the handling of this issue depends on general principles applicable in the Greek legal order as well as on best practices. Therefore, principles of due pro - cess, fairness and the respondent’s right to be heard require that, at an appropriate stage of the process and before the respondent is heard, the respondent is duly informed of the essential elements of the allega - tions. Failure to observe such basic procedural safe - guards may expose the investigation to challenges, including the risk that it may be considered biased or lacking impartiality. The above general rules regarding the notification obli - gation towards the reporter and the respondent also apply in all other cases of HR internal investigations. 2.2 Communication to Authorities There is no general rule requiring employers to noti - fy authorities when an internal HR investigation is opened. Notification obligations arise only in defined circumstances. First, in the context of violence and harassment, if the matter escalates into a dispute that falls within the Inspectorate’s competence – such as cases where the employee seeks intervention – employers must co-operate fully with the Inspectorate’s requests. Although the employer is not obliged to self-report every internal investigation, once the Inspectorate becomes involved, the employer must provide rel - evant information, documentation and explanations upon request. Second, where an internal investigation reveals indi - cations of criminal conduct – such as physical assault, sexual violence, serious threats, or conduct punish - able under criminal law – employers may have a duty to report the incident in line with general criminal- law obligations. In practice, employers tend to notify authorities when the conduct poses immediate risks,
replicated internally. 1.7 Other Cases
Where an investigation is neither legally required nor prohibited, employers exercise discretion. Factors considered include the specificity and credibility of the information, severity of the alleged behaviour, potential impact on the business, legal and reputa - tional risks and internal policy requirements. A pre - liminary assessment often precedes the decision: if concerns are minor, unclear or manageable through informal resolution (eg, mediation or managerial inter - vention), a full investigation may not be necessary. Where allegations suggest potential policy breaches or risks to workplace integrity, employers commonly proceed with a formal investigation to ensure due dili - gence and compliance. 2. Initial Steps 2.1 Communication to the Reporter and the Respondent Greek law differentiates between the procedural safe - guards applicable under the whistle-blowing regime and the more general framework governing violence and harassment in the workplace. Under Law 4990/2022, the Internal Reporting Officer is expressly required to acknowledge receipt of the internal report within seven working days and main - tain communication with the reporter throughout the follow-up process. Accordingly, the reporter must be informed that the matter has been taken up and that appropriate actions are being undertaken. The law does not require disclosure of investigative strategy, sources, or evidence at this stage, but the reporter must receive an update on follow-up actions within three months from the acknowledgement of the report. For cases relating to violence and harassment in the workplace under the GLC, the employer is under a duty to receive, investigate and manage complaints con - fidentially and without delay. Although the legislation does not prescribe a formal notice procedure, good faith handling of complaints requires that the reporter
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