EMPLOYEE INVESTIGATION

All Italian companies are often faced with problems related to absenteeism, theft, embezzlement, false illness, abuse of the permits provided for by Law 104/92, and even unfair competition. To address these challenges and ensure business safety and integrity, more and more employers are relying on private employee surveys.

The use of S.A.S. Investigations

S.A.S. is a fundamental tool for companies wishing to preserve their well-being and reputation. With experienced authorized private investigators, S.A.S. can provide a high-quality professional service to collect valid documentary evidence in court.

Our investigations are based on fundamental principles that must be respected to ensure respect for the privacy of the worker:

  1. Principle of Necessity: The use of private investigations must be necessary and indispensable to ensure security and business continuity or to prevent and suppress wrongdoing.
  2. Purpose Principle: Investigations must be aimed at achieving corporate objectives, ensuring security, and preventing illegal behavior.
  3. Principle of Proportionality: Investigations must be proportionate to the purpose of the verification, avoiding exceeding the limits of the worker’s privacy.
  4. Security Principle: All data collected during investigations must be adequately protected to avoid privacy breaches.

Cases of Legitimacy of Investigations

The Court of Cassation has established guidelines for determining the legitimacy of private employee investigations. According to judgment no. 15094/2018, the employer may resort to such investigations in the following cases:

  • Presence of evidence of wrongdoing: If there is clear evidence of wrongdoing on the part of the employee, the employer has the right to use an investigative agency to collect further evidence and document the wrongdoings committed.
  • Suspicion of wrongdoing: Even in the absence of clear evidence, the employer can initiate a private investigation if it suspects that the employee may have committed or is about to commit an offense.

However, it is important to emphasize that investigations must always be aimed at verifying illegal behavior or violations of the obligation of corporate loyalty and cannot be used to monitor the mere fulfillment of work duties.

Fundamental Role of Private Employee Investigations

Private employee investigations play a fundamental role in the company’s production cycle. These investigations are an important response to contain or avoid theft, embezzlement, absenteeism, false illness, abuse of the permits provided for by Law 104/92 and unfair competition.

The Investigative Report as Documentary Evidence

At the end of the investigation, an investigative report is drawn up which has evidentiary value. This report can be validly used in court to document and prove the misconduct of unfaithful employees toward the company.

In addition, our detectives can also participate in court hearings as qualified witnesses. Their testimony can play a crucial role in providing further evidence and clarification on the investigations carried out and the violations committed.

Conclusions

The investigations of the S.A.S. represent an effective tool to guarantee the security and integrity of the company, respecting the above principles. Private employee investigations play a vital role in preventing and suppressing abuse.

If you have suspicions about an employee or need investigations to protect and ensure company safety, do not hesitate to contact us.

 

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S.A.S. Investigazioni & Sicurezza – P. iva IT 02314820222 

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