Workplace Investigations

Contributing Editors


Workplace investigations are growing in number, size and complexity. Employers are under greater scrutiny as of the importance of ESG rises. Regulated industries such as finance, healthcare and legal face additional hurdles, but public scrutiny of businesses and how they treat their people across the board has never been higher. Conducting a fair and thorough workplace investigation is therefore critical to the optimal operation, governance and legal exposure of every business.

IEL’s Guide to Workplace Investigations examines key issues that organisations need to consider as they initiate, conduct and conclude investigations in 29 major jurisdictions around the world.  

Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.

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01. What legislation, guidance and/or policies govern a workplace investigation?

01. What legislation, guidance and/or policies govern a workplace investigation?

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Greece

  • at Karatzas & Partners
  • at Karatzas & Partners
  • at Karatzas & Partners
  • at Karatzas & Partners

In Greece, workplace investigations are not heavily regulated.

However, internal disciplinary procedures are governed by certain general principles, while there is also legislation regulating certain aspects of investigations opened in the context of whistleblowing procedures or concerning complaints for workplace violence or harassment. These include Law 4990/2022, which transposed EU Directive 2019/1937 into Greek Law; and Law 4808/2021, which ratified the ILO’s Violence and Harassment Convention, 2019 (No190) and introduced relevant provisions.

As far as disciplinary procedures in private-sector companies are concerned, employers that must have internal labour regulations in place (ie, those with more than 70 employees) or opt to adopt them voluntarily, can regulate the procedures themselves.  

In the public sector, internal investigations are governed by disciplinary provisions included in the civil servant code.

Last updated on 03/04/2023

16. If there is a works council or trade union, does it have any right to be informed or involved in the investigation?

16. If there is a works council or trade union, does it have any right to be informed or involved in the investigation?

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Greece

  • at Karatzas & Partners
  • at Karatzas & Partners
  • at Karatzas & Partners
  • at Karatzas & Partners

L.4990/2022 explicitly states that the exercise of employee rights that refer to consulting from representatives or trade unions and protection against any detrimental measure that results from those consultations does not affect the implementation of any legal provisions. The autonomy of social partners and their right to enter into collective agreements regardless of the level of protection provided by L.4990/2022[7] is also unaffected.

Under L.4808/2021, legal persons and associations of persons, including trade unions, that have a legitimate interest in doing so may, with the consent of the complainant, bring an action in the complainant’s name before the competent administrative or judicial authorities. They may also intervene in their defence[8].

 

[7] Law 4990/2022 art.5 par.2 (e)

[8] Law 4808/2021 art.14

Last updated on 03/04/2023