Sickness, in labor law, is defined as an impairment of health that causes an absolute or partial inability to perform work such that it leads to temporary suspension of the relationship. During this phase of the illness, the worker retains the right to keep his or her job, payment of contributions and an allowance while he or she is required not to jeopardize his or her recovery and to be on call, during the designated time slots, for any medical/tax examinations.
ABSENCE DUE TO FAKE ILLNESS
If the employer suspects a feigned illness, the employer can request a medical examination by the appropriate ASL, or use the services of an investigative agency. In the latter case, it is possible to ascertain, beyond doubt, whether the employee has engaged in misconduct.
Lawful investigation of absentee employees
Should it be determined that the pathology does not exist, it is possible to Dismiss, effective immediately, the employee for cause since the simulation of illness constitutes a breach of contractual duties that does not permit the continuation of the employment relationship because it undermines the bond of trust that exists between employer and employee.
Absenteeism: the company’s possible actions
In order to resort to dismissal, irrefutable evidence such as, for example, the response of a tax examination or evidence gathered by a private investigator is essential.
Our structure is able to provide its Clients, throughout the country, with the necessary evidence to prove, if established, such violations with the possibility of giving direct testimony in a possible court action by the licensee or the operational personnel who carried out the investigation.
