GREECE Law and Practice Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Panagiota Kelali, POTAMITISVEKRIS
Scope-setting at the outset is essential. Employers typically define the allegations under review, identify the individuals involved, determine the type of evi - dence to be collected and assess whether external expertise is required. A well-structured preliminary phase enhances procedural fairness and minimises later challenges regarding the adequacy or impartiality of the investigation.
impractical. Remote interviews must still maintain confidentiality and a secure environment, particu - larly in sensitive matters. The chosen format usually depends on the seriousness of the allegations, the comfort of the parties and the need to preserve the integrity of the process. 3.4 Interviewers No rules prescribed by law regarding the interview - ers. Most employers appoint one or two interview - ers to ensure consistency, impartiality and objectivity, while avoiding confusion for participants. Interviewers are typically HR professionals, compliance officers or legal counsels (internal or external) who have no per - sonal involvement in the matter. Objectivity is essen - tial, and employers must avoid appointing someone who could be perceived as biased. Seniority is also important, and employers must ensure that interview - ers have an appropriate level of seniority. In harass - ment or discrimination cases, appointing an inter - viewer of a particular gender may help create a more comfortable and balanced environment, although this is not legally required. In exceptional cases where the internal investigation includes a physical search of the person under investigation, such search must be con - ducted by an investigator of the same gender. 3.5 Neutral Party It is not mandatory by law to include a neutral observ - er in interviews, but employers sometimes involve a second person to support the primary interviewer and ensure transparency. This may be another HR repre - sentative or, in complex or sensitive cases, an external consultant or lawyer. The presence of a neutral per - son can help reassure participants that the process is being conducted fairly and that the employer is com - mitted to impartiality. A neutral observer may also help safeguard the primary interviewer against unfounded There are no rules prescribed by law concerning the right of interviewees to be accompanied by a support person and/or a lawyer. In common practice, inter - viewees are not accompanied by a support person or lawyer. Nevertheless, permitting it can contribute to a more balanced and co-operative investigation process. allegations regarding the procedure. 3.6 Support Person and/or Lawyer
3. Interviews and Fact-Finding 3.1 Interviewees
In Greek HR investigations, employers typically interview the complainant, the respondent and any witnesses proposed by either party who may have firsthand or contextual knowledge of the events. The number of interviews varies depending on the com - plexity of the issue, but employers generally try to speak with all the people involved to gain a complete and balanced view of the facts. The aim is to obtain sufficient, reliable information in a proportionate man - ner. 3.2 Participation Employees are not obliged to participate in internal investigations unless such an obligation is expressly provided for in the employment agreement or the internal regulation (which, however, is not common practice). Nevertheless, employers expect employees to co-operate with such investigations as part of their general duty of good faith and loyalty in the employ - ment relationship. When an employee refuses to par - ticipate or selectively responds, the employer must continue the investigation using any other evidence available. In exceptional cases, especially where the refusal obstructs essential fact-finding, this behaviour may be considered in assessing credibility or poten - tial disciplinary consequences, provided the employer acts fairly and proportionately. Clear communication about why participation matters often helps resolve reluctance. 3.3 Format Interviews may be conducted in person or remotely. Employers commonly use remote formats such as video-conferencing tools (Teams, Zoom, etc) when geography or timing makes in-person meetings
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