A recent judgment of the Superior Court of Justice (TSJ ) of Madrid guarantees that the company Altadis hire one of these professionals to the suspicion that a worker’s medical leave was false.
The use of private detectives to discover employees liars have judicial backing. The employee was caught while performing in the home garden and DIY masonry tasks for which tools used and carried , came and went driving your car, and carrying shopping bags in both hands , despite his alleged injury was arm.
Both the court of jurisdiction as the Supreme Court endorsed the dismissal , rejecting the arguments of the laborer in violation of the fundamental right to privacy or overuse of the corporate powers of surveillance and control of workers.
The Supreme Court insists that the measure is justified , noting that the report of the investigating agency serves incriminating evidence .Remember that even if workers have the same fundamental rights as other citizens , ” the context of the employment relationship determines that the terms of such recognition is more restrictive ” in favor of the exercise of ” business schools arising from the same contract labor and freedom of enterprise among which include the organization of work, compliance monitoring and , where applicable , the penalty for non-compliance “.
Limits for detectives course, warns that the detectives ” can not investigate on crimes prosecuted , or use technical material or violate the right to honor, personal and family privacy or image or secrecy communications ” . Furthermore, ” are obliged to keep strictly secret and can only provide data to those recruiting them and the judicial and police authorities “