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An Internal Investigation Procedure sets out the steps Dutch organizations take to look into suspected wrongdoing, misconduct, or compliance breaches within their company. It guides HR teams, legal departments, and management through the proper handling of workplace investigations while protecting both the company and employee rights under Dutch labor law.

The procedure typically covers key elements like maintaining confidentiality, gathering evidence, interviewing witnesses, documenting findings, and making recommendations - all while following Dutch privacy regulations (AVG) and Works Council requirements. Good investigation procedures help companies address issues early, maintain trust, and demonstrate proper governance to regulators.

Your organization needs an Internal Investigation Procedure when faced with reports of workplace misconduct, fraud, data breaches, or violations of Dutch labor laws. It's especially crucial when dealing with sensitive issues like harassment claims, financial irregularities, or suspected violations of the Dutch Corporate Governance Code.

The procedure becomes vital during formal complaints from employees, regulatory inquiries, or when Works Council representatives raise concerns. Having this framework ready before issues arise helps ensure fair, consistent handling of investigations while protecting employee privacy rights under AVG regulations and minimizing legal risks for the company.

• Internal Investigation Procedures commonly come in three main variations in the Netherlands: HR-focused procedures for workplace misconduct and labor disputes, financial investigation procedures for fraud or accounting irregularities, and compliance-focused procedures aligned with Dutch regulatory requirements and the Corporate Governance Code.
• Additional variations include specialized procedures for data privacy investigations under AVG rules, Works Council-approved procedures for employee grievances, and industry-specific procedures tailored to sectors like financial services or healthcare.

• HR Directors and Legal Teams: Draft and maintain the Internal Investigation Procedure, ensuring it aligns with Dutch labor laws and privacy regulations.
• Management Board: Approves the procedure and receives investigation findings, making final decisions on recommended actions.
• Works Council: Reviews and provides input on the procedure, especially regarding employee rights and protections.
• Investigation Team Members: Follow the procedure when conducting investigations, including HR professionals, compliance officers, and external experts.
• Employees: Must cooperate with investigations while being protected by the procedure's confidentiality and fairness provisions.

• Legal Framework: Review Dutch labor laws, AVG privacy requirements, and corporate governance codes that affect internal investigations.
• Scope Definition: Map out which types of incidents require investigation and who has authority to initiate them.
• Stakeholder Input: Gather feedback from HR, legal team, and Works Council on investigation protocols.
• Process Steps: Detail clear procedures for evidence collection, interviews, documentation, and reporting.
• Privacy Safeguards: Include specific measures to protect confidentiality and personal data during investigations.
• Implementation Plan: Create training materials and communication strategy for rolling out the procedure.

• Purpose and Scope: Clear definition of what triggers an investigation and its boundaries under Dutch law.
• Investigation Team: Roles, responsibilities, and required qualifications of investigators.
• Confidentiality Provisions: AVG-compliant data handling and privacy protection measures.
• Employee Rights: Right to representation, appeal procedures, and Works Council involvement.
• Documentation Requirements: Standards for recording interviews, evidence collection, and final reports.
• Corrective Actions: Framework for implementing investigation findings within Dutch labor law.
• Review Mechanism: Process for updating the procedure based on regulatory changes.

An Internal Investigation Procedure differs significantly from a Disciplinary Procedure. While they often work together, each serves a distinct purpose in Dutch workplace governance.

• Purpose and Timing: Internal Investigation Procedures focus on fact-finding and evidence gathering before any conclusions are drawn, while Disciplinary Procedures outline the actions taken after misconduct is confirmed.
• Legal Framework: Investigation procedures emphasize privacy rights and evidence handling under AVG regulations, whereas disciplinary procedures concentrate on employment law and progressive discipline requirements.
• Scope of Application: Investigation procedures cover a broader range of situations, including compliance issues and workplace incidents, while disciplinary procedures specifically address employee misconduct and its consequences.
• Stakeholder Involvement: Investigation procedures require neutral investigators and witness participation, while disciplinary procedures primarily involve HR, management, and the affected employee.