ABUSE OF LAW 104

GRUPPO PONZI INVESTIGAZIONI

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Who benefits from Law 104 permits? What may not be done during Law 104 permits? And can those who use them be controlled?

These and other questions must be asked when in doubt about employees taking Law 104 leave, but let us proceed in order.

Any cohabiting family member of a disabled person may take paid leave for Law 104, which must be a maximum of three working days per month.

During the extraordinary leave of absence for the use of Law 104, the employee may not perform any other work activity, may not go on holiday, these are in fact the only certain things because the law does not specify otherwise, he may only perform care activities for the disabled family member in a generic sense.

AND THOSE WHO USE IT CAN BE CONTROLLED?

Yes. Ordinance No. 4670/2019 ruled, in fact, that the checks carried out by the employer in order to ascertain the improper use of permits under Law 104/1992 by employees are to be considered legitimate.

When, during the day of paid leave to assist a disabled family member, taking advantage of the benefits of Law104, the employee performs other duties and/or personal activities not inherent to the duties of caring for the sick relative, he is in fact committing an offence.

This practice causes harm to two different parties, the first being the employer on the basis of the use of paid leave that does not comply with the objectives laid down by the law in force, but also to the State, whose accounts are damaged, thus constituting a criminal offence.

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WHAT DIFFICULTIES DOES A PRIVATE INVESTIGATOR FACE IN INVESTIGATING ABUSE OF LAW 104?

These are those due to the fact that the law does not specify, except in certain cases, what cannot be done. In addition to the normal investigative difficulties one normally encounters, one must use common sense to establish whether one is dealing with activities that are in any way related to family life or with abuse of Law 104.

If you are found to be abusing Law 104 paid leave, you risk dismissal for just cause and a criminal complaint. But to be sure that it is an abuse of Law 104, the only way an entrepreneur can prove it is by using documentary and digital evidence that a private investigator can offer his client.

To be sure of having in hand evidence that is valid in court, one must turn to an investigative agency such as Gruppo Ponzi Investigazioni, which employs specialised and continually trained professionals who are present throughout Italy using the most modern equipment capable of providing judicially valid evidence.

TO REQUEST A FREE QUOTE FOR INVESTIGATION INTO ABUSE OF LAW 104 CONTACT US

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