Accident simulation differs from the state of illness because it occurs during the working hours or in any case an accident during travels (accident suffered by the worker during the normal journey from the place of residence to the working place, or during the normal path that connects two work places).
It may happen that the employee is absent from work, simulating the occurrence of an accident, instead spending the time of absence:
- doing another job;
- dedicating himself to activities not compatible with the state of health deriving from the accident;
- or, once an accident has actually occurred at work, taking advantage of it to prolong the period of absence necessary for recovering.
We point out that, unlike the common illness, the injured workers are not subject to tax visits, thus making the possible control, by the employer, even more difficult.
As for the simulation of the state of sickness, such behavior determines a breach of the employee’s duties so serious as not to allow, even provisionally, the continuation of the employment relationship. In fact, ascertaining this circumstance allows the employer to instruct the employee to dismiss him for just cause.
It may therefore be useful for the employer to carry out checks on the employee allegedly injured, in order to verify his or her state of health.
As for the simulation of the state of sickness, such behavior determines a breach of the worker so serious as not to allow, even provisionally, the continuation of the employment relationship. In fact, ascertaining this circumstance allows the employer to intimate the dismissal for just cause.
The constant orientation of the Court of Cassation considers that these behaviors are "detrimental to the fiduciary bond inherent in the employment relationship (...) the worker absent due to illness and / or injury violates the obligation of loyalty, correctness and good faith towards the employer when the non-working activity performed is incompatible with the declared state of illness so as to be a simulation index or such as to worsen or slow down the healing process "(Corte Cass. Section work sent n 20090/2015).
Dogma Investigation Group, in case of "suspected" accidents, may intervene in support of the Client and gather the evidence necessary to support a legitimate request for violation of the so-called fidelity obligation.
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