Law 104 leave and company checks: when is it lawful to resort to private investigation agencies? (Il Sole 24 Ore, 26 August 2025 – Vittorio De Luca, Alesia Hima)
Checks must always be carried out in full compliance with the employee’s privacy and dignity.
The use of private investigation agencies can be a potentially very effective tool for companies, allowing them to identify unlawful conduct by their employees, such as the improper use of leave under Law 104/92. However, it is essential to strike a balance between the employer’s need to protect corporate interests and, on the other hand, the employee’s right to dignity and privacy. When resorting to this type of solution, any form of invasive or indiscriminate surveillance must be avoided.”
Furthermore, case law has reiterated that the use of private investigation agencies must be justified by concrete reasons. In fact, an investigation is deemed legitimate only when the employer has well-founded suspicions of an improper use of leave by the employee.
Continue reading the full version published on Il Sole 24 Ore
With Order No. 7982 of March 31, 2026, the Italian Supreme Court (Labour Section) held that a message sent within a private chat may constitute just cause for…
“Artificial intelligence has a significant and direct impact on work organization and on personnel management models.” Martina De Angeli, senior associate at De Luca & Partners, has no…
The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…
With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…
The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…