Absenteeism at Work

Investigations for Absenteeism at Work, the Role of the Investigative Agency. How Workplace Absenteeism Investigations are carried out and what are the benefits.

The Alpine Investigation Agency has been carrying out investigations for individuals and companies since 1992, with particular reference to the resolution of corporate and managerial problems such as situations of absenteeism from work, carried out by employees, without valid justification. The investigative activity carried out is reported in an investigative report, valid during the judgement. This behavior can have impacts on productivity, team morale and the company bottom line.

ABSENTEEISM AT WORK: WHAT IS IT?

What the Absenteeism Law says:

The Civil Code regulates the duties of employees and the maximum limits of absences, some obligations are indicated below:

The employee is legally obliged to fulfill the duties established by the employment contract. Diligence, as established by article 2104 of the Civil Code, requires the worker to carry out the work activity with commitment, taking into account the interests of the company and national production. Diligence becomes a guiding light, orienting the employee towards a work performance that respects the required standards. At the same time, Article 2105 of the Civil Code emphasizes the obligation of loyalty. This means that the employee must not engage in competing activities or disclose confidential company information. Loyalty constitutes the foundation of mutual loyalty between employer and employee, consolidating trust in the working relationship;

Maximum Limits of Absences and "Conduct":

Although absenteeism itself is not prohibited, Italian law establishes maximum limits on absences known as "comporto". These limits, expressed in working hours or days, act as a barrier to ensure that absence from work is justified and kept within reasonable parameters. The distinction between "dry behavior" and "summary behavior" further enriches the regulatory framework. The "dry behavior" refers to continuous periods of absence, while the "summary behavior" considers non-homogeneous periods of lack of work performance. This differentiation reflects the sensitivity of the law towards different types of absenteeism, allowing a flexible approach to various situations.

In conclusion, the detailed analysis of employee duties and maximum absence limits highlights the complexity and precision with which Italian law regulates absenteeism in the workplace. These principles act as a compass for employer and employee, outlining the boundaries of the working relationship and ensuring that mutual expectations are clear and respected in the legal context.

THE CONSEQUENCES OF ABSENTEEISM AT WORK

What are the consequences? In the workplace, the term absenteeism is a term designed to identify the behavior carried out by an employee who is absent from the workplace for a period of several days, of his own volition and in an unjustified manner. An employee who practices absenteeism risks disciplinary sanctions and in more serious cases even dismissal for just cause may be an option. It is useful to underline that dismissal, however, depends on various factors including the frequency and duration of absences.

ABSENTEEISM AT WORK, THE ROLE OF THE INVESTIGATIVE AGENCY

I HOW ABSENTEEISM INVESTIGATIONS ARE CARRIED OUT

Reporting of Suspicion: The employer reports suspicion of absenteeism and the need for investigation. Situation Analysis: The investigating agency examines available information and plans an approach to collect evidence. Surveillance and Information Gathering: Investigators conduct discreet surveillance , verify information and collect evidence documenting the employee's conduct.Investigation Report: At the conclusion of the investigation, the agency provides the employer with a detailed report that includes photographic evidence, video evidence and an objective assessment of the situation.

The investigations are carried out in order to acquire data and evidence that can be used in court, through conventional investigation activities such as static visual monitoring techniques (so-called stalking) and dynamic visual monitoring (so-called stalking). If deemed necessary, GPS satellite localization systems may also be applied as required and authorized by Ministerial Decrees no. 269 of 1 December 2010 art. 5. These activities can also be implemented by intelligence modes based on Osint (Open Source Intelligence), SocMint and HuMint.

Absenteeism at Work: the benefits of surveys

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