Assenteismo
Our case studies: absenteeism

THE FACTS

An important building company suspected that its site supervisor was systematically absent from the workplace without leave or justification, spending a lot of his time away from the site in question.

OBJECTIVE

To acquire evidence that would enable justifiable dismissal.

INTERVENTION

After careful study of the case, Capta was hired to investigate and carried out lengthy observation and surveillance (static and mobile). For more efficient control of this employee’s suspected absenteeism from the workplace the company vehicle he used was fitted with a tracking device (GPS).

LEGAL ASPECT

The Italian High Court has variously ruled the admissibility of the use by private investigators also of GPS systems for monitoring an employee's movements (for example with sentence no. 20440/2015) because the purpose of this activity is to check conduct detrimental to the company’s assets and image.

CONCLUSIONS

The investigations carried out by Capta confirmed the client’s suspicions: the employee in question left the workplace every day in the company vehicle for personal reasons outside his job.
In detail, the employee often did his personal shopping in supermarkets during working hours, spent long periods at the bar, drinking and talking with other people, and visited clothing stores to make personal purchases. After observation and surveillance of the employee, Capta delivered a detailed investigative report to the client giving a chronological account of all the unauthorised movements of the employee in question, complete with photographic evidence and GPS tracker records, which proved that this was recurrent conduct. The client then reported these facts and dismissed the employee with just cause.
Translation from the Italian website. All references are to Italian legislation

Our case studies: abuse of Sick Leave

THE FACTS

A textile company suspected that one of its employees who was often off on certified sick leave, was in fact working at another job.

OBJECTIVE

To acquire evidence that would enable justifiable dismissal.

INTERVENTION

After careful study of the case, Capta was hired to investigate and carried out observation and surveillance (static and mobile) on the days when the employee was on sick leave.

LEGAL ASPECT

Italian High Court Sentence (Sentences no. 25162 of 26 November 2014 and no. 6236 of 2001 – with reference to article 5 of Italian law no. 300 of 1970). .

CONCLUSIONS

The investigations carried out by Capta confirmed the client’s suspicions: the employee in question left the workplace every day in the company vehicle for personal reasons outside his job.
In detail, the employee spent several hours a day during his sick leave in a bar owned by his daughter, working as a barista, serving clients, carrying crates of drinks into the bar, and cleaning the bar.
Having completed its investigation, Capta delivered a detailed report to the client giving a chronological account of all the facts, complete with photographic evidence proving the inexistence of the declared sickness and incapacity of the employee.
Given the results of the investigation and the report, valid as evidence, the client then dismissed the employee with just cause.

Translation from the Italian website. All references are to Italian legislation
Our case studies: abuse of leave permitted by Italian law 104/92

THE FACTS

A well-known manufacturing company suspected that one of its employees was abusing of the rights permitted by Italian law no. 104/1992.
In detail, this employee was exercising the right pursuant to paragraph 3 of article 33 of Law no. 104/1992, which permits public or private company employees who assist a disabled person to take three days’ leave a month.

OBJECTIVE

To acquire evidence to prove abuse of the above-mentioned leave.

INTERVENTION

After careful study of the case, Capta was hired to investigate and carried out observation and surveillance on the days when the employee was on the leave permitted by law 104/1992.
The Italian High Court has ruled that surveillance of the employee is legitimate and does not contravene the statute of workers as it is carried out outside working hours and during the period when the working relationship is suspended due to the leave.

LAW

Italian High Court sentences have variously ruled on the illicit conduct of employees who abuse leave granted by Italian law no. 104/1992 for personal use (i.e. Italian High Court, Employment Appeal Tribunal sentence 17 December 2014 – 30 April 2015, no. 8784).

Translation from the Italian website. All references are to Italian legislation

What is absenteeism?

Absenteeism is when a company employee is repeatedly absent from work for short or long periods of time, justified by false pretences.
One kind of absenteeism that is spreading widely is absenteeism while present. This form of absenteeism occurs when employ-ees spend a lot of time at work on social networks, browsing the internet or carrying out personal business on the company computer, distracted from their work tasks with consequent harm to the company in the form of reduced productivity.
The phenomenon of absenteeism may take different forms:
• Systematic early leaving or late arrival
• Abuse of paid leave
• Misuse of sick leave
• Incorrect use of leave pursuant to law 104/92 (Italian legislation)
• Fake accidents
• Absence from the workplace without a valid reason

Why should you intervene?
Absenteeism and incapacity to work lead to a series of high direct and indirect costs for the company, affecting the entire pro-duction chain and requiring cover for the absent person.

How does Capta intervene?

We adopt a two-stage strategy:

  1. Analysis of the situation with a view to identifying the correct investigation strategy;
  2. Investigation with the aim of determining individual cases of absenteeism, identifying and documenting the real reasons behind the employee’s absenteeism.

An investigation into absenteeism may result in dismissal for just cause, which, according to the Italian civil code, is the tool used by companies as a safeguard against serious shortcomings of employees or collaborators.

Capta prepares an investigation report with documents that can be used in court: evidence of this kind is indispensable for proving illegal conduct detrimental to the company or employer, also taking into account that the law does not consider valid any evidence (even the most clamorous) collected directly by the company.

All the investigations and relative documents are valid in the eyes of the law.

Italian law

In this way the company will be able to adopt appropriate measures, whether disciplinary or in a trial:

  • Italian Data Protection Authority 13/01/2001
  • Italian High Court, Employment Appeal Tribunal, with sentence no. 4984 of 4 March 2014
  • Italian Civil High Court, Employment Appeal Tribunal, no. 12489 of 08/06/2011.

 

Translation from the Italian website. All references are to Italian legislation