Abuse of Law 104

Abuse of Law 104, how can the company protect itself?

The abuse of Law 104 falls within the scope of employee absenteeism; let's analyse one of the services carried out by an investigation agency, which are useful against this unpleasant phenomenon. We want in fact focus on Law 104, the law for the assistance, social integration and rights of people with disabilities.
For each employee with disabilities and for his family work permits which give the possibility to provide assistance in case of real need are actually available. The problem of the abuse lies in the use of these permits and benefits for purposes unrelated to those previously described. What if Law 104 is used for different purposes?

Abuse of Law 104, what the company can do?

When doubt about the abuse of Law 104 arises, it is advisable to turn to an investigation agency. This is actually a lawful practice as long as you address professionals with regular licenses and authorizations.
The client's objective is to ascertain any possible fraudulent behavior. Unfortunately, abuse cases are frequent and can be disparate: all those workers which use permits to extend their holiday or weekends and those who, instead, use them to carry out various type of activities and side business which are not related to the assistance concept.
There are people that declare themselves to be the only person available to provide assistance to a relative that may actually live thousand km away

The purposes of the former law 104/92

The former law 104/92 leaves no rooms for doubts in term of purposes. Its main goal is in fact to provide assistance to those that, within the family, have a disability. Violate this principle means to incur penalties at work, which can even lead to firing for just cause. You might be reported for fraud against the State, to the National Health System and Social Security Agency specifically. When suspect draws the employer's attention: the investigation agency will carefully clarify any doubt, by proposing to take action depending on the evidence available, in full compliance with the current law.

In short

  • For each employee with disabilities and for his family there are work permits which give the possibility to provide assistance in case of real need. 
  • If they are used for purposes unrelated to assistance, this is fraudulent behavior, i.e. abuse of Law 104;
  • In case of real suspicion, the company can turn to a private investigation agency, as long as it operates in full compliance with the current law.

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