Unfair work stoppage

Fraudulent work stoppage

How PROCAP DETECTIVE can help you

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We search and compile evidence of fraudulent work stoppages so that you can take legal action and effectively defend your interests

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Do you suspect that one of your employees who has been arrested is defrauding the health insurance system, either by producing a certificate obtained with complacency or by lying purely about his condition, or by not complying with the prescribed requirements? Worse still, do you suspect that your employee who has stopped working is pursuing gainful employment or working for the competition?

 

Improper or fraudulent sick leave is a significant financial loss for the company and a source of disruption for its internal organization. They also constitute serious fraud against the community and the social security system. Unjustified sick leave sometimes hides hidden parallel activity, as well as potential unfair competition.

 

Although the Labour Code, in particular in its article L-1132-1, protects the employee against any dismissal based on his state of health, because this protection is discriminatory, it must not however allow the employee to act with complete disloyalty and impunity towards the company. An employer who suspects an employee who has been arrested of lying about his condition may act, but he must provide proof before initiating any proceedings. The employer may consider a medical check-up by a State or private body, but it is not uncommon for this route to be insufficient due to external elements that are difficult to verify, in particular when the employee carries out an activity concealed during the stoppage or is employed by a competing company, or when he does not scrupulously respect the obligations incumbent on him.

 

The system of proof in social law is binding. However, there are various solutions that allow the employer to act legally, without fear of breaking the rules of the Labour Code.

 

PROCAP DETECTIVE assists business leaders in the resolution of their disputes. Our investigation processes, carried out with total discretion and strict compliance with the law, allow you to update the abusive practices of your employee, confirm or refute your assumptions, and, if necessary, provide you with evidence that allows you to assert your rights. Our reports are accurate, detailed and detailed.

 

We can thus be led to:

 

• Check the employee’s schedule during his work stoppage

• Collect evidence of violation of exit restrictions

• To investigate whether there is reason to carry out a concealed activity, and to prove it

• Organize, through discreet preparatory surveillance measures, the intervention of a commissioner of justice (bailiff)

• Objectively detect any ruse or simulation maneuvers (for example: unwarranted wearing of braces, exaggeration, handicap simulation, etc.)

• Provision of evidence for a preliminary request (Art. 145 of the Code of Civil Procedure)

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Our legal expertise allows us to collaborate with your legal counsel with ease and synergy, for optimal success and a guaranteed result in a disciplinary or litigation procedure.