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
Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…
With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…
With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…
Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…
For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…
The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…