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Misuse of permits Law 104

Verification of violation of the terms of use of permits pursuant to Law 104/92

Article 33 of Law 104 of 5 February 1992, the Framework Law for Assistance, Social Integration and the Rights of Disabled Persons, introduced paid leave to assist a disabled family member into Italian law. The law was subsequently amended by Law No. 53 of 8 March 2000, Law No. 183 of 13 May 2010 and Decree Law No. 119 of 18 July 2011.

Paid leave under Law 104/92 is granted to severely disabled workers, but also to the parent, spouse, relatives or in-laws up to the second degree, as caregivers, provided that they use this leave to assist the disabled family member.

The benefit consists of three days of leave each month to provide assistance to the family member with severe disabilities. It is also possible to break down the three days of leave into periods of hours.

If the leave under Law 104 of 1992 is used not to assist the disabled family member, but to attend to other activities, there is an abuse of the right that legitimises the intervention of an investigative agency.

The investigative option is justified not only for the perpetration of offences and the need to verify the scale of the same, but also on the basis of the mere suspicion that offences are in progress (see Supreme Court no. 3590 of 2011; more recently Supreme Court no. 15094 of 2018). According to the Workers' Charter, checks on workers are legitimate if property damage is suspected, and as confirmed several times by the Supreme Court, unjustified absences fall within this category. Investigations of this kind, carried out with respect for privacy, allow for collecting certain and incontrovertible evidence, which in the event of improper use of paid leave pursuant to Law 104 allows the company to proceed with the dismissal with just cause of the employee.

All the evidence collected can be used in court.

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