When a right becomes abuse, the company has a duty to intervene.
Law 104/92 protects workers who care for family members with disabilities, guaranteeing them paid leave and forms of flexibility. However, in many business settings, these provisions are used improperly, causing harm to the organization and unfairness to colleagues. Investigations into abuse of Law 104 make it possible to check whether an employee uses leave for personal purposes, fraudulently or in violation of the law.
Global Risk Intelligence supports public and private companies in collecting valid evidence, using discreet methods that fully comply with current regulations. The objective is to establish how leave is actually used, documenting any behavior inconsistent with what has been declared – for example, use for personal activities, work for third parties, holidays or travel incompatible with caring for the family member with a disability.
Our investigations are carried out by authorized professionals, respecting confidentiality, privacy regulations and workers’ rights. Results are presented in detailed reports, complete with photographic and documentary evidence, that can be used in disciplinary or legal proceedings.
What we do
- Observation and surveillance of the subject on days of leave
- Verification of movements and places visited
- Video and photographic documentation of behavior
- Analysis of recurring habits (shopping, hobbies, activities outside work)
- Collection of information from open sources (OSINT)
- Validation of evidence against legal standards
- Support for the HR or in-house legal function in disciplinary action
When to initiate an investigation into Law 104
When suspicion arises of recurring misuse of leave
If the employee refuses in-person activities, citing family reasons
In the event of repeated absences on the same days
When there are internal reports or anomalies in behavior
When the aim is to prevent systemic abuse and send a clear organizational message
To protect productivity and ensure fairness among workers
Why choose GRI
Absolute discretion and confidentiality
Interventions calibrated to the circumstances and risk
Video and photographic evidence that can be used in court
Fast turnaround and operational reports
Experience in public-sector, industrial, healthcare and administrative settings
Legal protection throughout the process, designed to withstand litigation
Case Study: Abuse of Law 104
A pharmaceutical company suspected that an employee was using leave under Law 104 to run an undeclared business. After being commissioned, we carried out 3 days of monitoring: the subject was regularly observed going to premises he owned. The report, supported by visual evidence, enabled the company to initiate well-founded disciplinary proceedings and protect itself legally.