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Internal Investigation Procedure
"I need an internal investigation procedure outlining steps for handling corporate governance issues, including a 5-day initial response time, confidentiality protocols, and a final report within 30 days."
What is an Internal Investigation Procedure?
An Internal Investigation Procedure outlines the steps organizations take to look into workplace issues, misconduct, or violations of company policies in the Philippines. It creates a clear, systematic approach for HR teams and legal departments to gather evidence, interview witnesses, and document findings while protecting employee rights under the Labor Code.
Following data privacy laws like the Philippine Data Privacy Act, these procedures help companies maintain confidentiality during sensitive investigations. They typically include rules for handling evidence, conducting fair interviews, protecting whistleblowers, and ensuring due process - all while complying with local employment regulations and constitutional rights to due process.
When should you use an Internal Investigation Procedure?
Deploy an Internal Investigation Procedure when employees report workplace harassment, discrimination, fraud, or violations of company policies. It becomes essential after receiving formal complaints, discovering financial irregularities, or spotting potential violations of Philippine labor laws or anti-corruption regulations.
This procedure proves particularly valuable during urgent situations like data breaches, workplace accidents, or allegations of misconduct that could trigger Department of Labor and Employment (DOLE) investigations. Using it early helps protect both employee rights and company interests, while ensuring compliance with Philippine Data Privacy Act requirements for handling sensitive information.
What are the different types of Internal Investigation Procedure?
- Basic Internal Investigation Procedures cover general misconduct and policy violations, focusing on documentation and witness interviews
- Financial Investigation Procedures deal specifically with fraud, corruption, and financial irregularities under Philippine anti-graft laws
- HR-Focused Procedures handle workplace harassment, discrimination, and labor disputes aligned with DOLE guidelines
- Data Privacy Investigation Procedures address data breaches and privacy violations under the Data Privacy Act
- Safety Investigation Procedures examine workplace accidents and health violations per DOLE occupational safety standards
Who should typically use an Internal Investigation Procedure?
- HR Directors and Managers: Lead and coordinate internal investigations, ensuring compliance with labor laws and company policies
- Legal Counsel: Draft procedures, provide guidance on legal requirements, and ensure due process rights are protected
- Department Heads: Assist in investigations within their units and implement recommended actions
- Compliance Officers: Monitor investigation processes and ensure alignment with Philippine regulatory requirements
- Employee Representatives: Participate in investigations to protect worker interests under DOLE guidelines
How do you write an Internal Investigation Procedure?
- Company Policies: Review existing workplace policies, codes of conduct, and disciplinary procedures
- Legal Framework: Gather relevant Philippine labor laws, DOLE guidelines, and Data Privacy Act requirements
- Investigation Team: Define roles and responsibilities of HR, legal, and department representatives
- Documentation Rules: Establish protocols for recording interviews, preserving evidence, and maintaining confidentiality
- Communication Plan: Create templates for investigation notices, witness statements, and final reports
- Timeline Standards: Set reasonable deadlines for each investigation phase while ensuring due process
What should be included in an Internal Investigation Procedure?
- Purpose Statement: Clear objectives and scope of investigations aligned with Philippine labor laws
- Confidentiality Provisions: Data handling procedures compliant with the Data Privacy Act
- Due Process Rights: Investigation steps ensuring constitutional and labor code protections
- Evidence Handling: Protocols for collecting, storing, and preserving investigation materials
- Witness Protection: Anti-retaliation measures protecting whistleblowers under Philippine laws
- Resolution Process: Clear timelines and procedures for concluding investigations and implementing findings
What's the difference between an Internal Investigation Procedure and a Disciplinary Procedure?
An Internal Investigation Procedure differs significantly from a Disciplinary Procedure. While both deal with workplace issues, they serve distinct purposes and operate at different stages of addressing misconduct.
- Purpose and Timing: 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 due process rights and evidence handling under Philippine evidence rules, whereas disciplinary procedures align with DOLE guidelines on progressive discipline
- Scope of Application: Investigation procedures cover various scenarios including fraud, harassment, and safety incidents, while disciplinary procedures specifically address proven policy violations
- Outcome Focus: Investigation procedures aim to establish facts and recommend actions, while disciplinary procedures determine and implement specific penalties or corrective measures
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