In the Field of Corporate Investigations, for which the investigative institute AIRO holds the license issued by the Prefecture of Brescia, one of the types of investigation that is often requested is related to sick leave, frequently used in a manner not compliant with the regulations.

Personnel management is one of the determining factors for the development and organization of a company's productivity.
In this organizational category, usually attributable to the Personnel Office, the management of employees on sick leave certainly falls.

It is certainly a worker's right to be able to take leave from work when sick or injured. To be able to take advantage of paid leave due to illness or injury, the employee must provide the company with a medical certificate proving the actual inability to perform work activities.
«For some years now, sick leave certificates can be consulted and downloaded online through the web portal www.inps.it.
In case of illness, in fact, the worker is no longer required to deliver a copy of the sick leave certificate to the employer, but must simply contact their doctor and inform the employer of their absence and an address for their availability.
It is up to the doctor to fill out the electronic certificate on behalf of the worker, which, through a specific system, is forwarded to the INPS. The Institute, through its web portal, makes available to both workers and employers the certificates and attestations of illness received.
The employer can only view the worker's sick leave attestation, a document that contains all the data of the certificate except the diagnosis. The worker, on the other hand, has the possibility to view both the attestation and the medical certificate including all the data related to the illness.» (source www.inps.it)

Being absent from the workplace due to illness is therefore a worker's right.

Protecting the company's assets and ensuring that employees do not abuse leave by committing illegal acts is a corresponding right of the employer.
In fact, there is a statistical increase in cases of employees not complying with the relevant regulations in this area.

Dismissal for just cause during illness is legitimate when the employee violates trust elements of the employment relationship. This violation occurs whenever the worker engages in behaviors expressly prohibited by law or the relevant collective bargaining agreement, or when the latter does not comply with the provisions of art. 2105 the Non-Compete Obligation, art. 1175 Duty of Fairness, and art. 1375 Execution in Good Faith of the civil code, even in extra-work activities.
A particularly serious conduct by the worker can thus undermine the trust that the employer places in them and make the continuation of the relationship detrimental to company goals.
The Court of Cassation, with judgment no. 13676/2016, deemed the dismissal of a worker legitimate, assuming the existence of a serious denial of the essential elements of the employment relationship, such as fairness and good faith, and in particular, the trust element.

What are the behaviors that, if proven, demonstrate the violation of the aforementioned rules during sick leave or injury leave?

  • the performance of activities that may hinder prompt recovery;
  • behaviors and activities that are not compatible with the state of illness/injury described in the medical certificate;
  • Particularly serious is the behavior of an employee who, while absent due to illness, works for another company.

Practical case:
an employee, during the sick leave period following surgery for discopathy and low back pain, was caught lifting heavy gas cylinders, disregarding the fact that he should have safeguarded and observed specific precautions aimed at the complete recovery of psycho-physical energies.
Practical case:
an individual during the sick leave period due to mild pneumonia/tracheitis, during hours not subject to control, went to the gym to engage in sports activities as well as training sessions in the pool.

To proceed with the dismissal for just cause of an employee who engages in the aforementioned behaviors, it is necessary to gather certain and irrefutable evidence to be used in court.
This is why many companies constantly resort to investigative agencies to first verify compliance with regulations and subsequently, if a violation is highlighted, to gather the necessary evidence to proceed against the employee.

According to several rulings, including for example that of the Court of Cassation n.17113/2016, the employer can make use of a Private Investigation Institute in the aforementioned labor law contexts.
To demonstrate any unlawful behavior, the investigator has the authority to follow the subject, documenting relevant events with video-photographic systems and drafting a final report that will be delivered to the employer and can be used in court.

The AIRO Institute of Private Investigations, specialized in Corporate Investigations, is capable of gathering effective and irrefutable evidence to be used in court, thanks to modern technologies and sophisticated operational methodologies.

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