Fairnessregeln für Mitarbeiterbefragungen in internen Untersuchungen bei Banken

Internal investigations are the appropriate instrument for banks to clarify misconduct within the company. Like other companies, they are obliged to this «catharsis». The core element of internal investigations are the so-called «employee interviews». These interviews can represent a conflict situation for the company em­ployees. In principle, there is a duty to cooperate and to tell the truth due to financial market supervision and labour law. If an interviewee remains silent because he does not want to incriminate himself or a close relative, he may be dismissed. If he testifies, he faces a penalty. They also risk dismissal if they testify against other employees and superiors, if necessary in self-defence. Protection could be provided by prohibitions on the use and seizure of evidence in parallel or imminent criminal proceedings. The article shows that neither the legislation nor the practice of the Federal Supreme Court offers this protection. As a possible solution, the author…