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Internal investigation at the enterprise
An internal investigation is a set of measures carried out to establish facts regarding certain events, circumstances, actions or inactions of employees. The basis for its conduct, as a rule, is an official memo, an act of violation or the usual discovery of a fact that requires an appropriate check. After the completion of such an investigation, a number of decisions are made – from holding individuals financially liable to dismissing an employee for absenteeism. More details are in the article below.
When is an internal investigation carried out at an enterprise?
Accident/incident investigation
According to Article 171 of the Labor Code of Ukraine, an investigation is appointed by the head of the enterprise in such situations as:
- occupational accidents (including cases of injury or death);
- occupational diseases, suspicion of them;
- industrial accidents (equipment damage, fires, etc.).
Violation of labor discipline by an employee
Violation of labor discipline is the most common reason for ordering an investigation. At work, there is an obligation for all employees to obey the established work regime, perform their work conscientiously, and strictly follow the rules. It is worth emphasizing that an investigation is most often ordered in cases of gross or systematic violations, such as:
- absence from work for more than three hours during the working day without good reason (truancy);
- appearance in a state of alcoholic, narcotic, or toxic intoxication;
- failure to perform or improper performance of work, which led to downtime, reduced efficiency;
- violation of labor protection and fire safety rules;
- improper use of corporate resources (company transport, office equipment, etc.).
In cases provided for by law to combat corruption
According to the Law of Ukraine “On Prevention of Corruption”, an internal investigation is allowed against persons performing state and local government functions. As a rule, this applies to cases where there is suspicion of failure to perform or improper performance of official duties, including abuse of official authority. In such cases, an internal investigation is initiated by the National Agency for the Prevention of Corruption. To learn more, we suggest ordering a consultation with one of our lawyers.
An internal investigation report: what should you keep in mind?
The report (conclusion) based on the results of the investigation serves as a legal basis for the company’s management to make further decisions (including on the application of disciplinary sanctions). Its preparation involves:
- first, collecting a complete list of documents on the basis of which the investigation was conducted;
- second, formulating a clear description of the violation and the course of the investigation;
- third, collecting and documenting documents and testimonies obtained during the process;
- fourth, describing specific recommendations to management on further actions (taking into account current national legislation).
What decisions can an enterprise make as a result of an internal investigation?
Based on the results of the specified procedure, administrative documents (orders) and new internal policies (in particular on risk management issues) are adopted. Most often, decisions are made to reprimand employees, dismiss them, and in some cases, collect material compensation. If it concerns exposing corrupt officials, suspicions and further preparatory actions are also being prepared to bring the person to criminal responsibility.
Legal support from a labor law lawyer: what do we offer?
Legal support is critically important for both employers and employees (for example, in cases of illegal dismissal). The purpose of such a service is to ensure the legality of the procedure, minimize legally negative risks, and increase the effectiveness of protecting the client’s interests. Given the extensive experience and necessary qualifications, the main services of a labor law lawyer will include:
- development, audit, and updating of the company’s internal documentation;
- support for personnel procedures;
- consulting and direct participation in conducting official investigations;
- representation of the client’s interests in courts in labor disputes;
- assistance in collecting arrears of wages and compensation (for employees);
- support in cases of mobbing (bullying) in the workplace;
- other relevant legal services.
A corporate investigation lawyer is your reliable partner and advocate in matters that require proper qualifications and experience. Get legal advice and find out the cost of a lawyer’s services to conduct a proper investigation into an employee’s disciplinary offense by filling out the form below.
Calculate the cost of services
1 question
Are you interested in supporting an official investigation into an accident at your company?
2 question
Do you need legal support for an investigation into an employee's violation of labor discipline?
3 question
Do you need to appeal the results of an inspection by the State Labor Service?
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With its head office in Kyiv, the law firm “Prykhodko and Partners” successfully operates online throughout Ukraine.
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The company “Prikhodko and Partners” unites more than 50 highly qualified specialists, which allows us to effectively solve almost any legal problems and provide comprehensive support in various areas of law.
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