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Fraud in work absenteeism
FRAUD IN WORK ABSENTEEISM
Fraud in work absenteeism should be a fact that we become aware of. Both for the economic and moral health of our society. And you have to give it the importance it has, which is not small. Due to this fraud, both companies and the administration are harmed and, by the way, the rest of society in our small country.
This fraud is when a worker of a company is in a situation of medical leave or incurs a situation of work absenteeism when it does not meet the conditions expected to be in this situation. This generates a great waste of economic resources. Splurge of both the injured company and the Administration. In this situation they have to dedicate large resources to maintain this person economically (even if the person is not producing in the company). In addition, they must replace this worker with another in the workplace, pay for medical treatments (when perhaps they do not need them), etc.
WHAT DOES THE LAW SAY?
Law 35/2008 of December 18, of the Labor Relations Code, regulates these situations. This Law already provides that a worker can be dismissed without satisfying any economic compensation or without prior notice when certain requirements are met. These requirements are set forth in article 104 of this law (corresponding to very serious faults). Specifically in point 9 of Article 104 specifies:
“9. Alleging a simulated illness or accident for not attending work. This case includes the case in which the worker in a situation of temporary disability performs work of any kind for their own account or for others, as well as any manipulation, deception or inconsistent personal conduct that entails a prolongation of the situation of deregistration. ”
Obviously, this fraud must be demonstrable. The worker has the right to challenge his judicial dismissal. Without proof, it will be very difficult, if not impossible, for the corresponding Batlle to give the reason to the company.
It is at this point where our work has value. As Private Detectives we are legally authorized to conduct investigations on the people who commit this fraud. In this specific case, our client would be the entrepreneur or the company. As the employer of the person who is committing labor fraud, he is entitled to commission this investigation. That is, you have the right to defend yourself against this attack on your rights as a company or employer. And, as we said earlier, the law protects Private Detectives to carry out this investigation.
WHAT IS OUR FUNCTION?
Once the client hires us, in ANDetectius we study your specific case. The purpose is to be able to guide the company if it is feasible to carry out the investigation. If so, we will propose the most viable option to obtain a positive result in the investigation. In this approach we take into account a factor as important as is to maximize the return on investment made by our client. To do this, we reduce unnecessary expenses that do not add value to the investigation. On the other hand we focus on those aspects that can give a positive result for the interests of our client.
Once the investigation is finished, we make a report with the obtained evidence. This report can be presented to judicial institutions. The purpose is that the Batlle can appreciate the importance of these evidences. If we detect a fraud, whenever possible, we will provide images or other evidence that shows the irregularity. In this way we give strength and credibility to our report. If necessary, we will go to the Batllia to ratify the report.
For more information, you can contact us at investigacio@andetectius.com
Also in our contact section: https://andetectius.com/en/contacte/
In this link you can find more information about an article explaining this situation in the Spanish labor market, similar to ours, where they interview a spanish research agency:
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