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Simulated illness or injury: Reports from employers and use of survey agencies double during the summer
Kontrol Service: “We conduct 5 surveys per month”
“Smart” workers are targeted by investigative agencies. In one case, a company employee Utilize the daily permit law 104/92 To help family members with severe disabilities, He took the opportunity to travel to Carpegna on a motorcycle with his girlfriendMost often, at least in the summer, workers take a day off on Friday or Monday, trying to extend the weekend. Then go to the beach or play tennis and futsal with friends. There is also a lack of people who use Law 104/92 to lend a hand to relatives who manage farms. A worker with a certificate of hand injury was choked by investigators while carrying a 15 kg watermelon with the same hand.
These are some of the cases that have come to light in recent weeks. From Kontrol Service, which operates in Rimini, the province of Pesaro-Urbino and between Romagna and Marche Serving small, medium and large companies for improper or disloyal behavior of their employees.
“Entrepreneurs often encounter unfair employment situations, and reaching an employment relationship is not always easy – Explained Owner, Alessandro Giuliani -. A typical example is when an employee is sick or injured and does not actually have any illness, but during the time spent at home he illegally performs other work activities, or spends time on his hobbies, or intentionally stays at home to the detriment of the company but he is not completely sick. The purpose of such an investigation is to prove the non-existence of the illness or injury cited by the employee as the cause of the poor work performance”. Regarding simulated illness/injury or improper use of the legal 104 license, Kontrol Service “conducts an average of 4 to 5 investigations per month”“.
Giuliani added:Sick and family leave are fundamental rights in the workplace, but when these rights are abused, the situation can become complex and problematic. In such cases, investigative bodies play a vital role in monitoring and managing violations, ensuring that regulations are respected and that companies are able to act in a fair and equitable manner. Law 104/1992 provides workers with permits to assist family members with disabilities. However, it is increasingly common for these leaves to be abused and used for non-legitimate personal reasons, such as vacations or other activities not related to the declared assistance.
If a company suspects that a sick employee is not complying with a medical prescription, a clear and explicit procedure must be followed. The first step is an investigation, requesting a tax investigation, verification on social media or through a private investigator. Once evidence has been gathered, the company must send a written complaint to the employee using a traceable method (e.g. registered mail with return receipt, certified email). The notice must contain a clear description of the disputed facts and provide the employee with the opportunity to provide reasons. Depending on the severity of the violation, the company can impose a variety of sanctions, from reprimands and fines to suspensions, up to dismissal with or without notice. Sanctions must be imposed within the period specified after the worker’s response (6 days for metalworking collective bargaining agreements and 15 days for trade collective bargaining agreements).
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