Absenteeism due to fake illness is a phenomenon affecting Italian businesses with direct costs (salary, replacement) and indirect costs (disorganisation, team demotivation). When an employer suspects that an employee on sick leave is performing activities incompatible with the declared condition, they have the right to verify — including through investigative agencies — the worker’s actual condition. Ponzi Intelligence conducts confidential, targeted investigations, guaranteeing objective evidence while respecting the individual’s dignity and applicable regulations.
The employer’s right to verify an employee’s actual state of illness is recognised by consolidated case law. The Supreme Court established that checks through private investigators are legitimate even outside working hours and rest periods (Cass. no. 4984/2014). Performing activities incompatible with the declared illness may constitute just cause for dismissal (Art. 2119 Civil Code) for breach of the duty of loyalty (Art. 2105 Civil Code) and the duties of good faith (Articles 1175 and 1375 Civil Code). An employee on sick leave is not required to be completely inactive but must not perform activities that could jeopardise or delay recovery or that are incompatible with the certified condition.
