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INTRA/IV/IV009Interview of the subject

The questioning of the person under examination, and the safeguards owed to them during it.

Pillar
IV  |  Investigation and digital forensics
Sources cited
3
Added
30 AUGUST 2026
Updated
23 SEPTEMBER 2026
ControlJurisdictionSourceWhat it establishesPrerequisite or recommendation
IV009/FRMandatoryFranceCode du travail, articles L1332-1 to L1332-4République française · read 23 Sep 2026That no sanction may be imposed without the grievance being put to the person in writing, that anything beyond a warning requires an interview at which the person may be assisted and a decision that is reasoned and notified, and that a faulty act may not on its own found proceedings more than two months after the day the employer came to know of it.Except where the sanction is a warning, the person is summoned to an interview and told its purpose, may be assisted by a person of the undertaking, and at the interview the employer sets out the grounds for the sanction it contemplates and takes the person’s explanations.
IV009/ITMandatoryItalyStatuto dei lavoratori, article 7Parlamento della Repubblica · read 23 Sep 2026That the disciplinary rules must be brought to the knowledge of workers by posting them where all can read them, that no measure may be taken before the charge has been put to the person and their defence heard, and that nothing heavier than a verbal reprimand may follow within five days of the written charge.No disciplinary measure may be adopted without the charge having been put to the person beforehand and the person having been heard in their defence, and the person may be assisted by a representative of the union they belong to or have given a mandate to.
IV009/ESMandatorySpainEstatuto de los Trabajadores, articles 54, 55, 58 and 60Real Decreto Legislativo 2/2015 · read 23 Sep 2026That a sanction rests on the gradation of faults set out in law or in the applicable collective agreement and is communicated in writing where the fault is serious, that a dismissal rests on a serious and culpable breach and is notified with the facts and the date it takes effect, that a worker who represents the workforce is heard in a contradictory proceeding first, and that a fault lapses ten, twenty or sixty days after the undertaking came to know of it.Where the person represents the workforce or is a union delegate, the dismissal proceeds only after a contradictory proceeding in which the person and the remaining members of the body they belong to are heard, and where the employer knows the person belongs to a union, the union delegates are heard beforehand.