Employee Using permissions for the law 104? From today, you really have to be careful.
On 18 February last, the Supreme Court issued the order no. 4670 by which it approved the dismissal of an employee for improper use of the former Law 104/1992 permits tested with the help of a private detective.
Specifically, the employee had already been fired for fraudulent use of permits as a result of what was learned at the employing company through a private investigation agency had shown that the employee, rather than lend assistance to his family, he had been to shopping.
The decision to use an investigator had been held invalid by the lawyers of the injured party so the Supreme Court has considered these days to be expressed specifically noting that the question of the nullity of the evidence provided by the agency investigative “unfounded” .
It reads: ” The controls, delegated by the employer to investigative agencies and about the work of the lender also held activities outside of business premises are not precluded where it does not relate to the fulfillment of job performance, but are aimed at verifying behavior which could constitute cases of criminal law to integrate fraudulent activities, sources of damage for the same employer “.
As stated in our recent article you can not investigate the actions of an employee within the workplace but it is legitimate to do for its outdoor activities and the evidence found by the detective can be considered valid the reference judge .
“These agencies – writes today the Supreme Court – to operate legally should not intrude into real work of supervision and their prejudice … justified the intervention in question not only for the successful commission of crimes and the need to verify the content, but also because of the mere suspicion or mere hypothesis that offenses are in progress . “