SLOVENIA Law and Practice Contributed by: Martin Šafar, Šafar & Partners
1. Opening an HR Internal Investigation 1.1 Circumstances Circumstances typically giving rise to an HR internal investigation being opened are related to workplace harassment (mobbing) or discrimination, as well as cases related to breaches of employment obligations by employees. 1.2 Bases The employer’s rights and obligations with respect to carrying out an HR internal investigation arise from the provisions of the Employment Relationships Act and Employers are not legally required to have specific channels through which employees may communi - cate with them to report concerns. However, in prac - tice, most employers do have such channels in place. 1.4 Responsibility Rules regarding who should be responsible for car - rying out an HR internal investigation are determined by the employer in its own internal regulations. If the employer so decides, an external person may also participate in the internal investigation on the basis of a specific authorisation and the employee’s consent. 1.5 Obligation to Carry Out an HR Internal Investigation An HR internal investigation must be carried out if an employee reports mobbing, workplace harassment or discrimination. 1.6 Prohibition on Carrying Out an HR Internal Investigation Slovenian legislation does not recognise such cases in which an HR internal investigation may not be car - ried out. 1.7 Other Cases the Whistleblower Protection Act. 1.3 Communication Channels Where the investigation concerns an employee’s breach of obligations, the decision when to move ahead with carrying out an HR internal investigation rests with the employer.
2. Initial Steps 2.1 Communication to the Reporter and the Respondent If the investigation concerns an employee’s breach of obligations, the employer is not required to inform the employee. There are no specific requirements regard - ing the information that the employer is required pro - vide to employees. Such requirements may, however, be set out in the employer’s internal regulations. 2.2 Communication to Authorities Situations in which the opening of an HR internal investigation must be communicated to the authori - ties do not exist in Slovenian law or in Slovenia. 2.3 Confidentiality Agreements and NDAs In practice, special agreements regarding the pro - tection of personal data or business secrets are not concluded. The parties involved in these proceedings are, in any case, obliged not to disclose information concerning the employee processed during such pro - ceedings to other unauthorised persons. If this obli - gation is not respected, the employee may have a potential right to compensation. 2.4 Preliminary Investigation and Scope- Setting It is possible to conduct a preliminary investigation to determine whether a full HR internal investigation is warranted. This right mainly applies in circumstanc - es where the employer first determines whether an employee breach has actually occurred and whether any procedure needs to be applied in relation to this breach.
3. Interviews and Fact-Finding 3.1 Interviewees
If the investigation concerns mobbing, harassment or discrimination, the alleged perpetrator, witnesses and the potential victim are interviewed. If the procedure concerns breaches by an employee, the employee must be given the opportunity to present a defence, although they are not obliged to participate. During this defence, the employee may also be interviewed.
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