GREECE Law and Practice Contributed by: Semina Zavitsanou, Yannis Ragos, Maria Siraga and Panagiota Kelali, POTAMITISVEKRIS
the violent or harassing behaviour. In such a case, the person leaving the workplace must first inform the employer in writing, specifying the incident of violence or harassment and the circumstances substantiating his/her belief that a serious risk to his/her life, health, or safety is imminent. If the risk does not exist or has ceased to exist and the reporter refuses to return to the workplace, the employer may refer the matter to the Labour Inspectorate for resolution of the dispute. 4.2 Protection of the Respondent An internal investigation must be conducted in a confi - dential manner and in a way that fully respects human dignity. In this context, the employer must substanti - ate that all statutory duties were duly fulfilled, includ - ing the obligation to provide a safe and dignified work - ing environment, to take immediate and proportionate actions upon receiving a complaint, and to conduct a prompt and impartial investigation. The employer shall further ensure that all parties are afforded appropriate procedural safeguards, including the right to be heard, the right to present evidence, and the right to respond to allegations. Confidentiality must be maintained to the fullest extent possible, consistent with the need to carry out an effective investigation. Nevertheless, confidentiality often does not align with effectiveness. If certain information is not disclosed to the respond - ent for confidentiality reasons, the results of the investigation may have limited evidentiary value, as the allegations cannot be properly assessed. Failure to meet these obligations may give rise to employer liability, irrespective of whether the alleged conduct is ultimately established. 4.3 Measures Against the Respondent There are no specific rules prescribed by Greek law regarding the measures which may be taken against the respondent prior to concluding an HR internal investigation. In practice, during an internal investiga - tion, the respondent may, where justified by the seri - ousness of the allegations, be placed on paid leave if the investigation concerns alleged serious violations of company policy or conduct that may constitute criminal offences. Such a measure shall be imposed only where it is necessary to safeguard the integrity, impartiality, or effectiveness of the investigation, to prevent interference with witnesses or evidence, or to protect the interests of the undertaking or any affected
persons. In general, no disciplinary measure shall be taken against the respondent prior to concluding an HR internal investigation and the collection of suf - ficient evidence. The presumption of innocence in favour of the respondent also applies throughout the HR internal investigations. Furthermore, according to Article 65 GLC, if a vio - lation of the prohibition of violence and harassment is discovered or assessed, the employer is obliged to take all necessary, appropriate, and proportion - ate measures to prevent and avoid the recurrence of a similar incident or conduct. Such measures may include a warning to the respondent, modification of duties, working hours, place or manner of work, or even the termination of the employment relationship. Such measures shall be taken following the conclu - Under Greek labour law, the employer owes a general duty of care towards employees. In this context, the employer must ensure the protection of the individual rights of all employees who may be involved or oth - erwise affected. In this context, the employer must guarantee respect for human dignity, privacy, and per - sonal data, and must conduct the investigation in a manner that is impartial, fair, and free from any form of discrimination or retaliation. Such obligations also apply to the reporter and the respondent. 5. Procedural Requirements and Proof 5.1 Requirements There are no rules prescribed by Greek law that must be put in place when conducting an HR internal inves - tigation. General principles apply, such as the follow - ing. sion of the HR internal investigation. 4.4 Protection of Other Employees • A disciplinary sanction may be imposed only for offences provided by law (reflecting a principle similar to the criminal law concept of “nullum cri - men, nulla poena sine lege”, albeit applied in a more limited manner in a disciplinary context). • The disciplinary sanction must comply with the principle of proportionality, taking into account the seriousness of the disciplinary offence. An obvious
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