Improper use of permits law 104

How does Law 104 Permits work? When is it possible to use an Investigation Agency for checks permitted by Law 104?

WHO CAN REQUEST PERMITS?

Improper Use of Permits Law 104, it is permissible to contact an Investigative Agency.

Employer checks are legitimate, this is what a ruling of the Court of Cassation established. In this case, sentence no. 9217 of 6 May 2016. This case refers to the dismissal of an employee who used the permits granted pursuant to Law 104/1992. But, following investigative activities, it was discovered that the employee used these permits only partially to assist the person in need. In fact, he used the remaining time for personal purposes. The Court of Cassation has expressed its opinion several times on the matter. To read all the sentences relating to the improper use of Law 104 permits, click here.

Violation of permits law 104. The rights of the employer:

The permits for law 104, however, are often used incorrectly and illegally for purposes completely different from those envisaged by the legislator. Typical are the cases of permits under law 104 used to take holidays, to carry out recreational activities and, last but not least, to offer work services to third-party companies. It is true that the remuneration for the hours and days used is paid by INPS (although it is usually advanced by the company to which they belong) but there is no doubt that incorrect behavior on the part of the worker can cause significant damage to company productivity, as well as undermining the fiduciary relationship between employer and employee.

VIOLATION OF PERMITS UNDER LAW 104/92: INVESTIGATIONS.

The Permit Abuse 104/92 investigations are aimed at ascertaining any violations committed by the worker during the use of these permits. It is useful to underline how investigations are useful in determining any fraudulent behavior carried out by the worker. The investigative activity is structured by always taking into consideration the objective that the client wants to achieve:

Verification of movements at agreed times, through static (so-called stalking) and dynamic (so-called shadowing) visual monitoring activities; Use of GPS satellite systems, as foreseen and authorized by Ministerial Decree 269 of 1 December 2010; At the end of the investigations, a Written report that can be produced in court accompanied by photographic evidence and videos; Use of investigative techniques based on Osint (Open Source Intelligence) Documentation through films and/or photos testifying to any extramarital relationship; List of employees who carried out the investigation for a possible call as witnesses in court at the competent court.

The company can turn to an investigation agency for checks under law 104, as sanctioned on several occasions by the Court of Cassation (see for example sentence no. 4670 of 18 February 2019). The intervention of private investigators is therefore permitted to discover any relevant actions that could cause damage to the client. In this sense, the violation of permits for law 104 is an example of a school, given the frequency with which it occurs. It is also worth highlighting that the same Supreme Court ruling specifies that the company can use private investigators even just on suspicion of illicit conduct on the part of the worker.

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