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Absenteeism: 21 acquitted employees. And if the evidence had been different?
“It appeared regularly present at work but he walked away from the office for 4-5 hours a day tornandosene at home” . This is the title of the latest news – Republic appeared on only a few days ago – on a Frascati nuclear physics National Technical Institute 49 year old offender, according to the magistrate in Velletri, of “habitual truancy”.
It is not the only news on the subject of the last hours. Just last week the Court of Agrigento has acquitted 21 civil servants of the City of Camastra who had been accused of absenteeism in 2012 because during working hours they walked away from the office regularly. But according to the national “lack of evidence for the prosecution interruption of public service” .
And here the question arises: what if the evidence had been different?
What ties do you think the two charges of absenteeism and the judgment of the court?
Under Italian law, demonstrate the unexcused absence is not sufficient to dismiss the employee for cause. And ‘we need conclusive proof that the worker’s behavior has disrupted the relationship of trust with the employer.
And in any case, you can come across two consequences: when it can be proven that the employee has broken the relationship of trust with severe conduct then he can be fired for cause. When, however, it occurs a failure to fulfill contractual obligations that can cause damage to the company, both from an economic view point that organization, then the employee may be fired for a justified reason.
The Italian law stipulates that it is up to the employer to prove just cause for dismissal and that is why we seek the advice of an investigator able to find answers to the right questions, with reliable and verifiable evidence, it is believed, at some point, which is essential.
The Supreme Court ruling no. 8373, published April 4 last year, ruled that the employer may employ a detective agency to ensure the non-performance of work by employees.
The Court also reiterated that it is permissible to make use of investigators if their work is not aimed at ascertaining how the execution of the work itself.
But what are the costs for companies and public authorities in case of absence of an employee?
The costs of absenteeism for a company affect the productivity of the company itself, the organization of work and the image perceived both outside and inside.
There is still a significant gap between the cost of absenteeism in government and those in the private sector. In the first it comes to almost 10% of total workable hours and in the second by almost 7%. According to a report published in Il Sole 24 Ore, however, it is estimated that if the public sector were to arrive at the percentage level equal to that of private savings to the coffers of the State would amount to around 3.7 billion euro.
What does the private investigator in these cases?
The detective agency in charge divides his work into three phases:
- collection of accurate and valid information
- work planning and acquisition of the evidentiary material
- drafting of the investigative dossier in line with current legal regulations
Who pays the investigator?
It remains only to point out to our readers that the procedural costs, including those relating to the use of a consultant as a Private Investigator, are charged to the faithless employee in case of confirmation of the offense in court.