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Abuse of Law 104 Permits and Dismissal: What to Know

Abuse of Law 104 permits: when dismissal is justified

Abuse of Law 104 Permits and Dismissal: What to Know

Law 104 allows workers with disabled family members to take days off to provide them with assistance. Sometimes it happens that someone tries to take advantage of this situation, using the days off to carry out other types of activities. In these cases we can talk about abuse of permits under law 104 and you can proceed with the dismissal for just cause of the employee.

Of course, before firing the employee, it is necessary to obtain evidence of the illegal behavior. This can be obtained by contacting a detective agency specialized in corporate investigations. Once the evidence has been obtained, it is also possible to proceed with the Report to INPS abuse of law 104.

Below we will find out when the worker can take advantage of these permits, in which circumstances it can be considered abuse and when it is possible to proceed with dismissal.

Law 104 permits: who can use them and what are they for?

Law 104, also known as “Disability Act”, protects disabled people, promoting their social integration and assistance, and guaranteeing some fundamental rights. These include 3 days of paid leave per month, which family members can also benefit from. The latter, during the days of leave, must provide assistance to a relative with a disability, taking care of him directly – that is, providing assistance at home or away from home – or indirectly – running errands for him.

Abuse of permits under Law 104

Law 104 permits can lead to dismissal with just cause in case of abuse. As is easy to understand, we can talk about abuse when the employee uses leave days exclusively or predominantly for himself, for example by dedicating oneself to a hobby, a second job or something else.

In reality, nothing prevents you from dedicating some time to personal activities, but these should not be predominant; most of the time should be dedicated to the care and assistance of the disabled relative.

Why contact a private investigator

In order for the abuse of Law 104 to be punished with dismissal, the employer must go beyond simple suspicion and have in hand tangible evidenceThese can be obtained by contacting a private detective, who, once he has obtained the mandate, will provide for keep the subject under control, following him and trying to find out how he spends his days off. During the investigations, will take photos and videos – within the terms permitted by law – which may be used to fire the worker and possibly proceed with the complaint to INPS.

Abuse of permits under Law 104: dismissal for just cause

Where, following the investigations carried out by the investigator, the incorrect behavior of the worker is detected and documented, the employer would have the right to proceed with dismissal for just cause.

This type of abuse is configured as a real scam which, in addition to creating problems for the employer and damaging his trust, also creates damage to the INPS and, consequently, to the State. Therefore, in addition to dismissal, the worker may also incur administrative or criminal sanctions.

Agenzia Investigativa Milano

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