Performing unauthorised secondary work during periods of absence or sick leave represents a serious breach of contractual obligations. An employee who works ‘off the books’ while receiving sick pay violates the duty of loyalty (Art. 2105 Civil Code) and the principles of contractual good faith. Ponzi Intelligence conducts targeted checks to ascertain and document these situations, providing the company with the evidence needed to act with legal certainty.
Article 2105 of the Civil Code prohibits the employee from performing activities competing with the employer during the relationship. Breach of the duty of loyalty, especially when combined with fake illness or abuse of leave, constitutes just cause for dismissal under Art. 2119 Civil Code. Case law has established that parallel work activity during sick leave is always considered serious, whether self-employed or employed by third parties, as it violates contractual good faith and may jeopardise recovery.
