ITALY Law and Practice Contributed by: Michela Bani, Alessandro Paone and Giacomo Bertelli, NIUS Legal and HR Solutions
6.4 Reports Since there is no normative reference in Italy, any writ - ten reports that are used are completely non-formal - ised. They tend to take into account the information and investigation steps carried out in chronological order, in conjunction with the evidence collected. 6.5 Information As mentioned in 6.2 Procedure for Ending an HR Internal Investigation , the whistle-blower has the right to receive information on the outcome of the inves - tigations carried out in relation to their report. The reported person, on the other hand, has the right to receive the information as part of any disciplinary pro - ceedings initiated against them following the conclu - sion of the verification and analysis of the report and in the event that such proceedings are based in whole or in part on the report. Access to this information, of course, must be granted while respecting the privacy of the person making the report and of persons other than the reported person who are nonetheless impli - cated insofar as they are mentioned in the report. 6.6 Communications to Authorities In Italy, there are no rules from which an obligation to communicate the results of HR internal investiga - tions to public authorities can be derived, except as mentioned in 8.4 Criminal Cases regarding facts of a criminal nature. It continues to be understood that the results of internal investigations could constitute information that, pursuant to specific legislative provi - sions, may result in a mandatory reporting obligation. 6.7 Other Communications In Italy, the only person who is always guaranteed to be informed of the closure of an HR internal investiga - tion is the reporter. The respondent, on the other hand, will receive such information only if it lays the basis for a subsequent disciplinary or judicial proceeding, or when the defamatory nature of the accusations made against them has been established. In all other cases, the respondent may be informed only at the employ - er’s discretion (but does not have a right in this regard) and provided that the confidentiality of the individuals involved is respected.
come of the reporting procedure. In cases where the evidence is preparatory to a disciplinary sanction, it must be assumed that – even in the absence of a codi - fied division of the “degree” of proof – the evidence must be such as to lead to the incriminated fact being considered as having happened. 6. Conclusion and Outcome of an HR Internal Investigation 6.1 Deciding to End an HR Internal Investigation In Italy, there are no provisions governing when an HR internal investigation may be ended. In any case, it could be argued that the employer may discontinue the investigation when it has established the existence or non-existence of the circumstances underlying the report. 6.2 Procedure for Ending an HR Internal Investigation Following an HR internal investigation in Italy, the employer is obliged to inform the reporting person of the outcome of their report, including whether the report has been dismissed or whether it has been determined to be well-founded and eventually for- warded to the competent authorities. The Whistle- Blowing Decree provides that acknowledgement must be provided to the reporting person within three months from the date of the acknowledgement of receipt or, in the absence of such notice, within three months from the expiry of the seven-day period from the submission of the report. However, this deadline is not peremptory. In fact, it may be that some investigations and analyses require more time. In this case, the reply to the reporting per - son takes on an interlocutory character and is aimed at informing them of the stage of progress of the investigation by the employer and/or of the activities the latter intends to carry out. 6.3 Conclusion In Italy, there are no rules governing the form that the conclusion of an HR internal investigation must take.
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