The abuse of Law 104/92, which offers protections to workers with disabled family members, represents an increasingly significant issue for Italian companies.

To counter illegal behavior by certain employees, many companies rely on private investigators specialized in corporate investigations.

This article explores the importance of such investigations, the legal limits, and the recent rulings of the Court of Cassation.

The Role of the Private Investigator in Corporate Investigations

A private investigator can be hired by a company to verify any abuses related to the permits granted to employees under Law 104.

These permits, intended for the assistance of disabled family members, are sometimes used improperly, for personal purposes or even vacations.

Private investigations allow for the collection of evidence that the company can use to:

  • challenge the employee's inappropriate behavior;
  • activate disciplinary proceedings, including the possible termination of the employment contract with a dismissal for just cause.

Investigations must strictly comply with privacy regulations (GDPR) and workers' rights. The evidence collected must be pertinent, relevant, and not excessive, in order to be considered valid in court.

Law 104: the most common abuses

Among the most frequent behaviors related to the abuse of Law 104, we find:

  • permissions used for personal activities: shopping, travel, or hobbies;
  • permissions used to perform other work activities;
  • absence of real assistance to the disabled family member: the employee might not provide the necessary care during the days of leave.

Recent Judgments of the Court of Cassation

The Court of Cassation has expressed itself several times on the issue of abuse of Law 104, clarifying that such behaviors constitute a serious violation of the trust relationship between employee and employer and therefore allow for dismissal.

Judgment No. 8310/2023

The Supreme Court has ruled that using permits for purposes other than assisting a family member constitutes an abuse of rights and justifies dismissal for just cause.

Judgment No. 6155/2021

According to this ruling, it is legitimate for the employer to hire a private investigator to verify the correct use of the Law 104 permits, provided that the investigative activity is proportionate and does not invade the employee's private sphere on irrelevant matters.

Judgment No. 9217/2022

The Court confirmed that the behavior of an employee who exploits leave for personal reasons harms not only the company but also colleagues, constituting both moral and financial damage.

How the Private Investigator Operates

A private investigator uses legal techniques and advanced tools to monitor the activities of the suspected employee. The main phases include:

  1. Preliminary analysis: verification of company documents and granted permits.
  2. Direct observation: discreet monitoring of the employee during leave days.
  3. Collection of evidence: photographic documentation, video, or testimonies that demonstrate the abuse.

Conclusions

Private investigations into possible abuses of Law 104 are a fundamental tool for protecting companies from improper behavior. However, it is essential that these investigations are conducted in compliance with the current regulations and by individuals with a Police License.

The recent rulings of the Court of Cassation confirm the legitimacy of such investigations, provided they are solely aimed at verifying the improper use of permits.

Relying on a qualified private investigator ensures the collection of solid and admissible evidence, strengthening the company's position in case of legal proceedings.

If you are an entrepreneur and suspect abuse of Law 104 in your company, contacting a private investigator might be the only solution to protect your rights and the work environment.


The AIRO Private Investigations Institute offers companies its investigative services in the corporate field, aimed at protecting assets and resources, as well as searching for evidence to support in court.

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