Aliunde Perceptum investigations in Milan.

To protect corporate assets in the event of labor disputes or following an unlawful dismissal, it is essential for a company to activate the appropriate legal safeguards. The Italian compensation system allows a significant reduction of the amount owed to the employee if it can be demonstrated that the latter received, or could have received, other income during the period of separation from the company.

Arcadia Company supports employers and their legal advisers through targeted investigations to document and quantify the aliunde perceptum and the aliunde percipiendum. With a proven investigative strategy and the acquisition of irrefutable evidence, we can provide the necessary documentation to reduce the economic impact of a compensation claim, protecting the business from unjustified financial demands or opportunistic behavior.

The technical difference between Aliunde Perceptum and Aliunde Percipiendum

In labor disputes, the defence of corporate assets revolves around two distinct legal concepts, both documentable through the intervention of an authorized private investigator:

• Aliunde Perceptum (the earned): refers to the income that the former employee actually received by performing another work activity, whether salaried or self‑employed, during the period between dismissal and the Labor Judge’s ruling. If re‑employment is proven, the amounts earned by the worker are fully deducted from the total compensation owed by the company.
• Aliunde Percipiendum (the earnable): concerns what the worker could have earned if they had acted with ordinary diligence in seeking new employment, as provided by Article 1227 of the Civil Code. In this case, the investigation documents the subject’s negligent or passive conduct (for example, unjustified refusal of suitable offers or failure to register with employment centres) to request a reduction of the damage.

The burden of proof: why professional investigation is decisive

According to established case law, the burden of proof regarding the worker’s re‑employment rests entirely on the employer. Simple suspicion or a generic presumption holds no weight in court: to persuade the Labor Judge, objective, precise, and consistent evidence is required.

Traditional documentary inspections (such as requesting a contribution statement) often fall short, as they do not reveal contractual irregularities. Arcadia Company’s intervention therefore becomes essential to:

• Expose illegal (black) labor: field activity allows identification and documentation of unregistered tasks performed for third parties, which would not appear in any official database.
• Collect multimodal evidence: the dossier includes textual findings, photographic surveys and high‑definition video that capture the ongoing work activity.
• Provide a legally usable dossier: the final technical report is drafted in compliance with strict procedural criteria, giving your lawyer an indisputable evidentiary tool.

Current legal principle: The deduction of amounts as aliunde perceptum complies with the principle prohibiting unjust enrichment of the claimant. Compensation must cover the actual loss suffered, without becoming a revenue that can be combined with other employment income.

Aliunde Perceptum, NASpI benefits and social safety nets

A significant technical aspect concerns the interaction between damage compensation, the aliunde perceptum, and the unemployment benefit (NASpI) possibly received by the former employee. If the worker performs undeclared work while receiving state social safety benefits, a dual violation arises.

Arcadia Company’s investigations aim to ascertain the subject’s actual employment situation. This enables the corporate defence to contest the correct calculation of entitlements in court and, if necessary, provides the documentary basis for reporting to the competent social security authorities, highlighting the undue receipt of public funds.

Our operational protocol for countering compensation damage

Arcadia Company applies a standardized protocol aimed at transparently and lawfully tracking the former employee’s economic activities:

1. Informative analysis and OSINT (Open Source Intelligence): in‑depth scanning of open sources, professional social channels and digital platforms to identify clues of new collaborations, projects or entrepreneurial activities launched by the subject.
2. Operational monitoring and tailing: direct and continuous on‑site observation by authorized operators to verify whether the subject regularly attends a new company location, documenting hours and types of tasks performed.
3. Digital crystallisation: acquisition of video‑photographic recordings compliant with privacy regulations, equipped with timestamps and supported by detailed field notes.
4. Final forensic report: delivery to the client and their legal office of a certified investigative report, usable directly in court to request deduction of the incomes.