Double Employment and Undisclosed Activities: Dismissal Evidence
Working a second job is illegal when it breaches the duty of loyalty (Art. 2105 c.c.), compromises performance, or occurs during periods of illness. We provide certified video-photographic evidence to document the performance of parallel work activities, ensuring just cause for termination of the employment relationship
Italian law does not absolutely prohibit a 'second job', but it imposes precise limits to protect the main company. However, the employee often exceeds these limits, performing activities that harm the employer in three ways:
- Unfair Competition Art. 2105 CCWorking for a competitor or diverting clients is always prohibited.
- Security and PerformanceWorking a second night or strenuous job (possibly under the table) prevents the recovery of psychophysical energy, increasing the risk of accidents and significantly reducing productivity in the main job.
- Fraud (During Illness)Working elsewhere while on paid sick leave is fraud against the company and INPS.
Arcadia Company steps in to document these violations. When suspicion turns to certainty (the employee is tired, distracted, or rumours are circulating), our investigators gather the necessary objective evidence to challenge the disciplinary charge and proceed with dismissal for just cause.
When is moonlighting illegal?
Our investigations focus on the scenarios that justify dismissal:
- Breach of the Duty of Fidelity: The employee works, even for free or through third parties, for a competing company.
- Working 'in the Black': Often the second job is hidden. This exposes the company to enormous risks and demonstrates the employee's bad faith.
- Breach of Rest (Legislative Decree 66/2003): The worker must ensure a minimum number of rest hours. If the second job (even if part-time) erodes this time, the company can intervene to protect workplace safety.
Evidence for the Court
In an employment dispute, simply saying 'I know he works as a waiter in the evenings' is not enough. You need to prove where, when and with what regularity. Our investigative dossiers contain videos, photos and chronological reports that unequivocally demonstrate the existence of a parallel work activity, dismantling any alibi.
Case Studies
Dismissal for Just Cause: Documentation of Competitive Activity in the Act.
Sector: Corporate Investigations / Human Resources (HR). | Location: Milan North and Sesto San Giovanni.
Scenario and Analysis
A client company in the metalworking sector has reported a significant drop in the productivity of a key employee, suspecting the presence of unauthorised moonlighting during the mandatory rest period and potential violations ofduty of loyalty Art. 2105 CC.
Investigative Intervention
Following the protocols of Real User Experience (RUX) and transparency, the team at Arcadia Company has implemented a three-phase action plan:
- Surveillance and Tailing: Discreet observation outside of working hours to document movements towards a competitor's office.
- Multimodal Evidence CollectionUse of high-resolution videos and photographic surveys showing the subject performing operational tasks for third parties, proving the continuous nature of the violation.
- Contract Verification: Cross-referencing the collected data with the maximum weekly working hours (Legislative Decree 66/2003) to also challenge the failure to recover psychophysical energies.
Results Achieved
The final investigative report, containing chronological reports and certified digital evidence, enabled the company to:
- Proceed with an unassailable disciplinary challenge.
- Getting a dismissal for just cause, confirmed in court thanks to the objective quality of the evidence collected.
- Protect your business assets from future unfair competition.
How we uncover double working lives
A discreet investigation to protect business assets and security.
Contract Verification
We analyse the employee's contract: is it full-time or part-time? Is there a non-compete clause or an exclusivity clause? This defines the boundary of illegality.
Surveillance and Tailing
We follow the employee after working hours or on weekends. We document their movements towards the location of the 'second activity' (e.g. restaurant, construction site, workshop).
Video Documentation
We do not just see them enter. We gather video evidence while they perform their work activities (serve tables, repair cars, load goods), proving the subordinate and continuous nature of the relationship.
Disciplinary File
We provide a legal investigation report. The document certifies the breach of the duty of fidelity or the exceeding of legal working hours, establishing the just cause for dismissal.
Frequently Asked Questions about Second Jobs
Clarifications on dismissal, part-time work and undeclared work.
Can I dismiss an employee who has a second job?
Yes, if this job is in competition with your company (breach of article 2105 of the civil code) or if it is so burdensome that it compromises your performance in your main job (e.g. you fall asleep, are negligent, risk accidents).
If they work off the books, how can I prove it?
This is where the investigator comes in. Since there are no registered contracts, the only proof is visual. We film the employee while they work 'in fact', proving to the Judge the existence of the hidden employment relationship.
Does this also apply to part-time employees?
Part-time work offers more freedom, but there are two unbreakable limits: the ban on unfair competition and the ban on exceeding the maximum weekly hours (48 hours between the two jobs) to ensure safety.
Is it a violation of privacy to follow him after work?
No. The Court of Cassation (numerous rulings) has established that the employer has the right to monitor the employee even outside of working hours and company premises if there is a suspicion of illegal activities that harm the company's assets or reputation.
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Office in Milan, Operating throughout Italy
Our private investigation agency is strategically located in Sesto San Giovanni, in the province of Milan. From here, we coordinate investigations throughout the national territory, ensuring a swift and direct response in the main provinces of Lombardy and Northern Italy.
