The investigations of the private investigator are absolutely legitimate and the company that has well-founded suspicions regarding the off-duty conduct of its employee, formally on sick leave, can always arrange them even outside the offices and workplaces.

In this regard, the Court of Cassation ruled, with the ordinance under discussion (no. 21766 of August 2, 2024), recalling a consolidated jurisprudential orientation, confirmed “the legitimacy of checks entrusted to investigative agencies, even outside company premises, where they do not concern the performance of work activities, and that the provisions of art. 5 of the Workers' Statute, which prohibit the employer from conducting investigations into the illnesses due to sickness or injury of the employee and authorize him to check absences due to illness only through the inspection services of the competent social security institutions, do not preclude the employer from proceeding, outside of health-type checks, with investigations of factual circumstances capable of demonstrating the non-existence of the illness or its inadequacy to determine a relevant state of work incapacity and, therefore, to justify the absence“.

Court of Cassation - Labor Section - Order No. 21766 of 02-08-2024

Source: https://www.diritto.it/investigazione-privata-dipendente-malattia-licenzia/

Contact us