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UNFAIR USE OF PERMITS/AUTHORIZATION

The law number 104 dated 1992 has introduced the possibility for the employee to take paid leaves of absence and assist a handicapped or disabled relative.

In this contest, the employee who has taken a leave of absence to assist a disabled or handicapped relative, but has used it for different purposes, can be dismissed for legitimate reasons, as the “abuse of a right is a particularly hateful and serious offense” and undermines the trust between employer and employee (Court of Cassation – IaV Section – Sentence 30 dated April 2015, number 8784).

If a company suspects an improper use of a leave of absence, taken by an employee to assist a relative according to the aforementioned law, it can entrust our investigation agency to perform the necessary checks and verify or refute this suspect.

Misuse of law 104

Often the word absenteeism is generally referring to public administrations or to controlled entities and private companies that provide public services.

Cases referring to the private sector therefore are out of the counting, both for an importance relating to the sale of news and for a lack of willingness to make them public due to obvious reputation problems.

The literature defines absenteeism as the systematic absence from the workplace and is measured according to two units of measurement: frequency and duration.

Frequency is the number of times an individual has been absent from work in a specific period of time while the duration is equivalent to the number of consecutive days for each absence.

The absences with a longer duration are statistically those relating to real diseases and therefore framed in involuntary absenteeism; on the contrary, short and frequent absences are those most related to voluntary absenteeism.

Systematic absences refer to permits, whether paid or unpaid, due to illness or law 104, required on hot days (e.g. weekends and weekends, bridges, pre / post-holidays) or in any case implemented frequently and beyond above the corporate average.

Absenteeist who dreams of a perfect body

According to some studies, around 80% of companies use overtime to work around the absence of their employees, paying a total cost of around 2% of the paycheck.

Another cost is related to the loss of productivity due to the replacement of workers, which is around 31.1% on average.

In addition, the action of executives in the control and management of absences must be considered, requiring an average of 4.2 hours per week, practically 10% of their working week, reaching a total of 210 hours per year for each manager.

Other non-measurable costs are those related to the motivation of non-absentee employees who perceive the incorrect behavior of their colleague without this actually encountering a risk or a penalty, and that relating to employees who are forced to replace, perhaps with overtime, absent colleagues.

All these aspects, in addition to personal motivation, harm the atmosphere within the company with risks of falling productivity and internal divergences, often more dangerous than technical / productive hitches.

Absenteeist for shopping

An employee who regularly performs two jobs is not punishable, but if due to a double job there are important causes of absenteeism, then the employer can act against him.

Italian law provides for dismissal for legitimate reason if a worker is absent to perform a double job.

However, where there is only a double job, of which one is aware, without any problem of work or absenteeism, the employer cannot dismiss.

An employee who does a double job has incorrect and harmful behavior towards the company and this conduct can be considered much more serious if practiced in return for illegal work or in competition with the employer company or in the absence of a duty of confidentiality.

The percentage of employees who become absent to do a double job is quite significant, to the detriment of the company not only in economic terms but also in terms of productivity and competitiveness.

Absenteeist for the family business

Our intervention is carried out over the entire national territory with all the necessary legally authorized investigation tools, and provides the client with an investigation report with the necessary information to prove the violation, start a legal action, and dismiss the employee. This documentation is also supported with the legal testimony of our investigation personnel.

How the detective agency works

CASE HISTORY

One of our clients is a multinational company which entrusted us with an investigation to verify the real necessity of an employee to take frequent leaves of absence according to the law number 104 dated 1992.

The investigation proved that the employee used the leaves of absence not for attending the handicapped relative, but for personal purposes which had nothing to do with the one indicated by the law.

We wrote the investigation report with the legal evidence and the photographic documentation. With it, the client was finally able to start a legal action and dismiss the dishonest employee.

The subsequent appeal was then rejected by the court.

Contact us

+39.02.8252342

MIlano

Centro Direzionale Milanofiori
Strada 4, Palazzo A5
20057 ASSAGO (MI)

Roma

P.le Roberto Ardigò, 30/a
00142 Roma
Tel. +39 06 45442737

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