Employee control
Employee control
To justify the intervention of an investigative institute for corporate and relative infidelity employee control, consider the following.
AD Agenzia Investigativa policy, for employee control.
It starts from the following premise.
Articles 2104 and 2105 of the Civil Code read the following:
Art. 2104. Diligence of the worker.
The worker must use the diligence required by the nature of the service due, the interest of the company and the higher interest of the national production. He must also observe the provisions for the execution and for the discipline of the work imparted by the entrepreneur and by his collaborators on whom he hierarchically depends.
Art. 2105. Obligation of loyalty.
The worker must not deal with business, on his own behalf or on behalf of third parties, in competition with the entrepreneur, nor disclose information relating to the organization and production methods of the company, or make use of it in such a way that it can harm him .
Art. 2106. Disciplinary sanctions.
Failure to comply with the provisions contained in the two previous articles may give rise to the application of disciplinary sanctions, according to the gravity of the infringement.
Considering the above;
considering, furthermore, regarding the obligation of loyalty, art. 2105 - above - identifies it in two distinct duties for the employer:
1. the ban on competition,
2. the obligation of confidentiality ("secrecy").
The first (1.) consists in the obligation not to deal with competing business with the entrepreneur, both on his own behalf and on behalf of third parties, while the second (2.) prohibits the lender from disclosing or using, for his own advantage or others, information relating to the company, in order to be able to cause the latter damage (including, for example, the list of customers or documents relating to the company organization). Unlike the prohibition of competition, which ceases with the termination of the employment relationship, the obligation of confidentiality remains intact even after the termination of the relationship, for as long as the entrepreneur's interest in this secrecy remains.
Finally, considering that the purpose of private investigations, in a broad sense, is to restore situations according to the conditions of the Law;
all of the foregoing is therefore the right of the entrepreneur to initiate private investigations if they have the only suspicion that one or more subordinate persons within the company behaves in an unfair way or acts in favor of competition or otherwise, to the detriment of the company for which they work.
It starts from the following premise.
Articles 2104 and 2105 of the Civil Code read the following:
Art. 2104. Diligence of the worker.
The worker must use the diligence required by the nature of the service due, the interest of the company and the higher interest of the national production. He must also observe the provisions for the execution and for the discipline of the work imparted by the entrepreneur and by his collaborators on whom he hierarchically depends.
Art. 2105. Obligation of loyalty.
The worker must not deal with business, on his own behalf or on behalf of third parties, in competition with the entrepreneur, nor disclose information relating to the organization and production methods of the company, or make use of it in such a way that it can harm him .
Art. 2106. Disciplinary sanctions.
Failure to comply with the provisions contained in the two previous articles may give rise to the application of disciplinary sanctions, according to the gravity of the infringement.
Considering the above;
considering, furthermore, regarding the obligation of loyalty, art. 2105 - above - identifies it in two distinct duties for the employer:
1. the ban on competition,
2. the obligation of confidentiality ("secrecy").
The first (1.) consists in the obligation not to deal with competing business with the entrepreneur, both on his own behalf and on behalf of third parties, while the second (2.) prohibits the lender from disclosing or using, for his own advantage or others, information relating to the company, in order to be able to cause the latter damage (including, for example, the list of customers or documents relating to the company organization). Unlike the prohibition of competition, which ceases with the termination of the employment relationship, the obligation of confidentiality remains intact even after the termination of the relationship, for as long as the entrepreneur's interest in this secrecy remains.
Finally, considering that the purpose of private investigations, in a broad sense, is to restore situations according to the conditions of the Law;
all of the foregoing is therefore the right of the entrepreneur to initiate private investigations if they have the only suspicion that one or more subordinate persons within the company behaves in an unfair way or acts in favor of competition or otherwise, to the detriment of the company for which they work.
