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An Internal Investigation Procedure sets out the steps your Belgian organization takes to look into possible misconduct, legal violations, or ethical concerns. It guides how your company handles sensitive issues like fraud allegations, workplace harassment, or compliance breaches while respecting Belgian privacy laws and worker protections.

Following Belgian labor law requirements, this procedure ensures fair and thorough investigations through clear roles, documentation standards, and confidentiality measures. It helps protect both the company and employees by creating a structured approach to gathering evidence, interviewing witnesses, and reaching conclusions - all while maintaining professional standards and legal compliance under the Belgian Social Criminal Code.

Your organization needs an Internal Investigation Procedure when serious workplace issues arise - from suspected fraud and financial irregularities to harassment claims or data security breaches. Under Belgian law, having this procedure ready before incidents occur helps protect both employer and employee rights during sensitive investigations.

Use this procedure immediately when receiving reports through whistleblowing channels, discovering compliance violations, or facing allegations that could trigger regulatory scrutiny. Belgian companies must demonstrate they handled investigations properly, especially under the Social Criminal Code and privacy regulations. A well-documented procedure helps meet these obligations while maintaining investigation integrity and confidentiality.

• Simple Investigation Protocol: Basic procedure for small companies, covering essential steps like evidence gathering and reporting while meeting minimum Belgian legal requirements
• Comprehensive Corporate Investigation Framework: Detailed procedure with specialized protocols for financial fraud, workplace harassment, and data breaches
• Industry-Specific Procedures: Tailored investigation guidelines addressing sector-specific risks in banking, healthcare, or manufacturing
• Union-Aligned Process: Investigation procedures explicitly incorporating Belgian works council consultation and employee representative involvement
• Cross-Border Investigation Protocol: Enhanced procedures for Belgian companies handling investigations across multiple EU jurisdictions

• HR Directors and Legal Counsel: Draft and maintain the Internal Investigation Procedure, ensuring compliance with Belgian labor and privacy laws
• Management Committee: Reviews and approves the procedure, oversees its implementation, and receives investigation reports
• Compliance Officers: Lead investigations, document findings, and ensure adherence to procedural guidelines
• Works Council Representatives: Provide input on procedure development and protect employee interests during investigations
• Department Managers: Report incidents, assist in investigations, and implement recommended actions
• External Auditors: Review investigation procedures during compliance audits and evaluate their effectiveness

• Company Structure Review: Map your organization's reporting lines, departments, and decision-making authority
• Legal Framework: Document Belgian privacy laws, labor regulations, and industry-specific compliance requirements
• Investigation Roles: Define who leads investigations, conducts interviews, and makes final decisions
• Documentation Standards: Establish templates for witness statements, evidence logs, and investigation reports
• Confidentiality Measures: Detail data protection protocols and information sharing guidelines
• Works Council Input: Consult employee representatives on investigation procedures and safeguards
• Review Process: Set up regular evaluation and updating schedules for the procedure

• Scope and Purpose: Clear definition of covered incidents and investigation triggers
• Privacy Compliance: GDPR-aligned data handling protocols and retention periods
• Investigation Team: Defined roles, responsibilities, and authority levels
• Reporting Channels: Confidential mechanisms for raising concerns, including whistleblower protections
• Interview Procedures: Rights of interviewed parties and documentation requirements
• Evidence Handling: Chain of custody and secure storage protocols
• Works Council Rights: Consultation procedures and employee representative involvement
• Remedial Actions: Framework for implementing investigation findings and recommendations

The Internal Investigation Procedure is often confused with the Disciplinary Procedure, but they serve distinct purposes in Belgian workplace governance. While both documents deal with workplace issues, their scope and application differ significantly.

• Purpose and Timing: An Internal Investigation Procedure focuses on fact-finding and evidence gathering before any conclusions are drawn. The Disciplinary Procedure only comes into play after misconduct has been established
• Legal Framework: Investigation procedures must comply with Belgian privacy laws and evidence-gathering regulations, while disciplinary procedures follow strict labor law requirements for sanctions
• Stakeholder Involvement: Investigations involve witnesses, evidence handlers, and investigation teams. Disciplinary procedures primarily involve the employee, HR, and management
• Outcome Focus: Investigation procedures aim to uncover facts and establish truth. Disciplinary procedures determine and implement appropriate corrective actions or sanctions