Infidelity of employees is governed by Article 2105 of the Civil Code which states that “the employee shall not engage in business, or on behalf of third parties in competition with the employer, or disclose information relating to the organization and to methods of production, or use them in such a way as to cause injury to it “. According to the law the duty of loyalty, therefore, provides for:
– The prohibition of unfair competition against the employer, carrying out activities that may affect the entrepreneur
– The obligation to maintain confidentiality and thus the prohibition to disclose information on the company that can be a detriment to the employer
In fact the theme of infidelity employee is much broader and includes many circumstances that can lead the worker to be considered unfaithful, including the abuse of the law 104 permits for purposes other than those prescribed by the regulations, presentation of a certificate fake doctor, improper use of parental leave, theft against the company, conducting competitive activity during normal working hours.
How to test the employee’s infidelity?
The companies or employers who observe suspicious behavior in employees such as to suggest that they are facing a case of corporate infidelity are increasingly turning more frequently to the investigative agencies in order to gather evidence and time information to make findings of misconduct of the employee and then proceed through the courts and protect its interests.
The appeal from the work of a private investigator also was the subject of ruling from the Court of Cassation which has legitimized investigative action in numerous cases, eg. the sect. Labor, which the sentence no. 25674 of December 4, 2014 evaluated the legitimate use of a private investigator to determine the responsibilities of a cashier at a supermarket, fired for not having registered the sale of certain products.
As established by the Court, it is therefore legitimate to enlist the help of a detective to perform investigative checks if they are targeted to ascertain the actual tort and to safeguard the company’s assets.