Who controls the use of the permissions of Law 104? Law 104/92 gives the possibility to relatives of the disabled person to request three working days of leave per month, to assist the needy person by being absent from work. However, over the years there have been not a few employees who have used paid leave to rest or to make a bridge at work without taking care of the disabled family member and still receiving the salary. Those who benefit from the facility must, therefore, first of all take care of the disabled family member. And when this does not happen because the worker instead of assisting the family member takes advantage of the benefits, it is right that he pays. In these cases, the employee risks dismissal without even warning and may incur a criminal penalty for having unduly received money from the state.
Moreover, when the sum unduly received exceeds 4 thousand euros, he also risks imprisonment from 6 months to 3 years.
At this point it is legitimate to ask who controls the use of the permissions of Law 104?
Improper use of permissions
Whoever uses the facilities provided for by law 104 improperly, as we have just seen, takes risks and even big ones. This does not mean that workers who assist a disabled family member using the 104 permits have to assist him 24 hours a day without interruption. Recently the Supreme Court of Cassation with sentence no. 21529 of 20 August 2019 clarified in which cases crafty workers risk dismissal and criminal and administrative sanctions. An abuse occurs when there is no causal link between the permit requested by the worker and the assistance of the family member with disabilities. When the worker uses the permits for activities not related to assistance in favor of the disabled and does not respect the needs of the family member.
Who controls the use of the permissions of Law 104
Both the INPS and the employer can check if the paid leave is used improperly by the worker. Therefore, they can put in place a series of operations aimed at catching the employee who abuses the 3 days per month of leave without assisting the disabled family member in the act of crime. INPS, indeed, if you suspect the improper use of the permits, you can contact the Public Prosecutor’s Office directly, reporting the case. The prosecutor will proceed to initiate the investigation.
In fact, even the employer can carry out his own investigations also by relying on an investigator, before going to the competent authorities to report the crime of undue perception of the salary.