Investigation of abuse of Law 104 permits in Milan.

The abuse of leave granted under Legge 104/1992 constitutes a conduct of utmost seriousness that undermines the trust relationship between company and employee, and directly harms the public welfare system. Arcadia Company provides corporate investigation services aimed at identifying, documenting and neutralising the improper use of these protections, supplying the employer with the legal tools needed to safeguard its organisation.

A fraudulent use of paid leave not only constitutes a serious disciplinary breach, but also amounts to an outright economic fraud against the company and INPS. Through specialised investigations we gather incontrovertible, court‑admissible evidence needed to support a lawful dismissal for just cause. Thanks to our intervention, the company can act promptly, reducing costs associated with unjustified absenteeism and restoring fairness within the work team.

When the offense is established and the right to corporate control

According to the consolidated jurisprudence of legitimacy, leave granted under Legge 104 must be strictly aimed at assisting a severely disabled family member. The offense occurs when the causal link between the work absence and actual caregiving activity is missing.

The Court of Cassation has repeatedly confirmed that the employer has the full right to verify, through authorised investigative agencies, the employee’s extra‑work conduct when fraud is suspected. This control does not breach the Workers’ Statute or privacy regulations, as it does not monitor work activity within the company but establishes the existence of illicit acts committed outside working hours and to the detriment of corporate assets.

Common abuse scenarios documented by our investigators

During our many years of experience alongside companies and HR departments, we have identified and documented numerous recurring cases of improper leave use:

• Holding a second job: using leave days to carry out parallel professional activities, either as a freelancer or undeclared, deriving an unjust economic profit.
• Leisure and personal care activities: using the time for purely recreational or personal purposes (day trips, shopping, gym visits, vacations) that completely exclude assistance to the disabled person.
• Removal from the territorial radius: travel and relocation to places distant from the assisted person’s residence, making any timely or continuous support materially impossible.
• Absolute lack of effective assistance: cases where the employee spends the day at home performing personal chores, leaving the relative without the necessary care.

Legal principle (Civil Cassation): The employee’s conduct of using leave under art. 33 Legge 104/1992 for purposes other than assistance constitutes a breach of duties of fairness and good faith, sufficient to justify the employer’s immediate termination for a radical breach of the trust bond.

Legal consequences: immediate dismissal and criminal relevance

Establishing abuse of Legge 104 enables the company to terminate the employment relationship immediately without the obligation to pay notice compensation. The dismissal for just cause is reinforced by the investigative dossier we provide at the end of the investigation, minimising the risk of future appeals or reinstatement requests from the disloyal employee.

In addition to heavy civil and labour repercussions, such conduct has clear criminal relevance. The undue receipt of state‑funded advances from the company can constitute the offence of aggravated fraud against the State (art. 640, paragraph 2, no. 1 of the Penal Code). The report prepared by Arcadia Company serves as a key evidentiary element even in the event of a formal complaint to the competent authorities.

The Arcadia method: certified anti‑absenteeism protocol

To ensure full admissibility of evidence in court, we operate under a rigorous investigative protocol that legally protects the client company:

1. Preliminary HR analysis: we examine attendance records and absence patterns to identify suspicious constants, such as leave requests consistently tied to weekends, bridges or holidays.
2. Dynamic observation (tailing): our private investigators conduct stakeouts and visual monitoring of the subject’s movements, fully respecting current laws.
3. Evidence crystallisation: we collect high‑definition video and photographic documentation capable of unequivocally demonstrating activities incompatible with assistance.
4. Technical‑legal dossier: we draft a detailed, chronological, sworn final report, ready to be attached to the disciplinary charge.

Why choose Arcadia Company’s professional intervention

Relying on DIY or amateur‑collected evidence places the company in a position of serious legal vulnerability, risking the disciplinary measure being annulled for procedural defects or privacy violations. Arcadia Company guarantees the full legality of every assessment performed.

Moreover, our investigators act as direct witnesses to the documented facts and are ready to appear at hearings to confirm the dossier’s findings before the Labour Judge. We provide comprehensive support that starts from the initial suspicion and guides the company through to the final resolution of the dispute.