INVESTIGATIONS INTO THE ABUSE OF LAW 104
PONZI GROUP INVESTIGATIONS
LEADER IN Italy
Who benefits from Law 104 permits? What can't they do during their Law 104 permits? And can those who benefit from them be monitored?
- These and other questions should be asked when you have doubts on employees who are absent due to the use of Law 104, but let's proceed in order.
- Any family member living with a disabled person can take paid leave under Law 104, which must amount to a maximum of three working days per month.
- During the extraordinary leave for the use of law 104 the worker cannot carry out any other work activity, he cannot go on holiday, these are actually the only certain things because the law does not specify otherwise, can only carry out assistance activities for the disabled family member in a general sense.
And can those who use it be monitored?
Yes. Ordinance no. 4670/2019 established that checks carried out by employers to ascertain the improper use of permits pursuant to Law 104/1992 by employees are considered legitimate.
When, during the day of paid leave to assist the disabled family member, By taking advantage of the benefits of Law 104, the employee carries out other tasks and/or personal activities not related to the duties of caring for the sick relative, he is in fact committing an offence.
This practice harms two different parties: the employer, due to the use of paid leave in a manner that does not comply with the objectives established by the law in force, but also the State, whose accounts are damaged, thus constituting a criminal offense.
What are the difficulties a private investigator encounters in investigating abuse of Law 104?
These are due to the fact that the law doesn't specify, except in certain cases, what cannot be done. Beyond the usual investigative difficulties that are normally encountered, common sense must be used to determine whether the activities are in any way related to family life or whether they constitute an abuse of Law 104.
In case it is found that abuses the paid leave provided by Law 104, you risk dismissal for just cause and criminal charges. But to be certain that this is an abuse of Law 104, the only way an entrepreneur can prove it is to use documentary and digital evidence that a private investigator can provide to their client.
To ensure you have valid evidence in hand in court, you should contact an investigative agency like Gruppo Ponzi Investigazioni. This agency employs specialized, continuously trained professionals throughout Italy who use the most modern equipment to provide legally valid evidence.
To request a free quote for investigations into the abuse of Law 104, contact us.
