Burden of Proof Investigations

Verification of Absenteeism

Absenteeism has increased and is unpredictable. It forces the employer to revise schedules and find ways to replace those absent workers. Absences therefore have a negative influence on the business. Costs increase. Quite often, the relevant employee would perform activities that are incompatible with their health during the illness. Examples may incude practicing sports and/or jobs that a sick employee would usually not be able to do. In such cases, INPS (“National Institute of Social Security”) investigations that are conducted at the employer’s request and cost are rarely effective. The system is easily fooled and such results would in any case not be legally valid.

Effective investigations are necessary when absenteeism appears to be prolonged, methodical, unjustified, or dubious in some other way. Such checks give the company the authority to verify the circumstances of each case. The company also thereby complies with its legal and contractual obligations.

Sometimes an employee is repeatedly absent and the company suspects that the real reasons for the absenteeism are different from what has been declared. Osint Centre LTD then provides a detailed report along with evidence that can be used to protect the rights of the company.

Thanks to our tested procedures and swift timing we are able to acquire all information relevant to the case. We can also then identify any anomalies, including whether an employee may be performing work on their own and/or for third parties. We can even track the geographical position of an employee during the alleged illness.

The evidence can be used to initiate legal and judicial procedures to the point of terminating the relevant employee for just cause. For business with more than 15 employees, Osint Centre LTD conducts the investigations in full compliance with all the relevant workers’ statutes and laws, and without infringing on employees’ privacy.

Verdict 6236/2001 of the Court of Appeals recognizes the legitimacy of businesses wanting to verify an employee’s state of illness. The business may initiate investigations into such employees and seek help from private investigation services for the achievement of such objective. The same Privacy Guarantee, under the appeal of a terminated truant employee, after 09/11/2000 reaffirmed the opinion regarding the lawfulness of an investigative service being conducted to satisfy a legitimate need of the employer to verify a law of the judicial branch.

Evaluation of Professional Fidelity of Associates and Employees

At the top of companies there are often unpleasant situations where one or more shareholders no longer have the best interests of their business in mind. Such shareholders are concerned about their own interests only. Often they will set up parallel businesses and divert customers, suppliers, and other company resources there. Such behaviour can cause serious damage to other associates and the business venture itself. Even the smallest doubt or suspicion can cause harm to a relationship built on trust.

There are a number of ways in which employees and board members can defraud a company. They include the disclosing of information regarding new product development, technological innovation or the improper use of new commercial and financial information, subtle instructions to feed a competitive project, and the “cloning” of a parallel competitor company.

The resources required for taking personal advantage of classified ideas and knowledge are now more accessible than ever. Employees and partners can put together illegal competitive plans, imitate moves with perfect timing and precision. They can exploit services and entrepreneurial strategies for their own, or a third party’s benefit.

A company’s competitive advantage depends on its ability to guard and defend the integrity of the company assets. Companies must do so with greater intensity and competence than the workers or collaborators that aim to cause damage to its interests.

Particular attention must also be paid to the role that commercial agents, even if single-members, have within a structure. Price lists, customer records, business strategies, strengths, and distribution gaps, are all information that competitors can use to come up with strategies.

An investigation by Osint Centre LTD can remove all doubts or allow the company to take action against those who are harming the company. Through witnesses and irrefutable documentation our organisation is able to verify any possible unlawful conduct on the part of board members, employees or other collaborators. The ultimate goal of Osint Centre LTD is to provide assessment tools for monitoring and controlling competitive advantages despite the actions of unreliable people within the company.

The Court of Appeal has declared that any evidence collected by the employer through an investigative agency for the purpose of demonstrating breaches of contract, is legitimate.

In order to perform an efficient, informative service and provide our customers with value for money, Osint Centre Ltd does the following verifications:

• Survey of activities and behaviours that constitute a legal and moral violation of the fidelity obligation
• Verification of secondary activities, competitive or in any way incompatible with the main activity
• Infidelity on the part of employees, associates, and collaborators.