SLOVENIA Law and Practice Contributed by: Martin Šafar, Šafar & Partners
3.2 Participation Failure on the part of the employee to participate in the investigation or interview could be considered a breach of their employment obligations. 3.3 Format There are generally no obstacles to interviews being carried out remotely. 3.4 Interviewers Depending on the case, employers usually decide that multiple persons (at least two) must be present during interviews with the employee, as this ensures both impartiality and protection for the employer against potential claims of discriminatory treatment. 3.5 Neutral Party The obligation for a neutral third party to be present during interviews as a witness is not prescribed by law. Such cases are very rare, as they mostly involve proceedings in which the employee’s personal data may also be disclosed, and this information must not be shared with third parties. Representatives of trade unions or the works council may also be present at such interviews. 3.6 Support Person and/or Lawyer There are no obstacles to an interviewee being accom - panied by a support person or lawyer. This right is, in fact, already provided for under the Employment Relationships Act. 3.7 Information There is no specific information that interviewers need to provide the interviewee. 3.8 Stopping the Interview Depending on the case, if an interviewee stops the interview, this may or may not constitute a breach of employment obligations. 3.9 Minutes In most cases, minutes are also prepared, often sum - marising what was said. The participants usually review the minutes before signing, and it is not nec - essary for the minutes to be written by an “external” person.
3.10 Recording If the employee agrees, interviews may be recorded, although this is more the exception than the rule. Special protective measures to prevent recording are almost never provided. Since unauthorised recording is a criminal offence in Slovenia, the dissemination of illegally obtained recordings practically never occurs. 3.11 Other Fact-Finding The employer may also use other methods of evi - dence, for example, but not exclusively, by engag - ing a private investigator or conducting a (forensic) review of documentation. Methods or means that would constitute a violation or a criminal offence are not permitted. 4. Protection of the Parties During an HR Internal Investigation 4.1 Protection of the Reporter There is a general obligation on the employer to pro - tect the reporter. However, the employer must ensure that any measures taken do not contain elements of retaliation or violate the rights of the reporting employ - ee under employment law. 4.2 Protection of the Respondent It is true that the employer must ensure the safety of the potential “respondent” in all respects. Regardless of whether they are responsible for the alleged breach, they must not suffer any consequences other than those provided under employment or civil law. Oth - erwise, the employer is considered to be in breach of employment obligations. 4.3 Measures Against the Respondent In certain cases, the employee may be temporarily prohibited from performing work during the proceed - ings. If such a measure proves to be unlawful, the employer would owe the employee the difference in remuneration. 4.4 Protection of Other Employees The obligation to protect other employees applies in all other cases as well.
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