Investigations into corporate disloyalty
Investigations into corporate disloyalty
Current legislation is aimed at protecting companies against any kind of particularly disloyal behaviour by employees or shareholders that could harm the company or place it at a disadvantage, being acts such as corporate espionage and/or sabotage and/or otherwise professionally improper acts by partners or directors.
In cases of suspected corporate disloyalty, Inside Agency undertakes a series of investigative procedures concerning the shareholder or employee aimed at highlighting and documenting any behaviour considered to be improper and harmful to the company and which violate the aforementioned obligation of professional loyalty.
This obligation of loyalty is part of the broader category of the duty of cooperation on the part of the employee, who is placed in a condition of collaboration and not of hostility towards the company.
- Violation of loyalty obligations and confidentiality agreements
Article 2105 of the Italian Civil Code imposes the obligation of employee loyalty, sanctioning the prohibition to “handle business on their own behalf or that of third parties in competition with the entrepreneur” as well as not “to disclose information pertaining to the organisation and production methods of the company or use it in such a way as to be able to cause prejudice thereto”.
In the first case, reference is made to the prohibition, which exists both during and outside the working hours, not to carry out activities that may conflict in any way with those of the employer. The prohibition in particular concerns those workers who, owing to the roles carried out, can oppose the interests of the company, perhaps involving clientèle shared with the employer.
In the second case, reference is made to all the “confidential” information strictly connected to the company realm which may concern the business organisation, economic flows, orders, clients, relations with suppliers, financial statements, employees, and any other “internal” operation of the company which, if disclosed, could be harmful, also in terms of loss of competitiveness in respect of competing companies.
- Execution, concurrent with the use of salary integration processing, work activity “off the books” with third parties, receiving hidden earnings.
The conduct of any employee who, during the period subject to Solidarity Contracts, carries out work “off the books” with another employer, is considered “disloyal” and, therefore, liable for dismissal with just cause as a result of disciplinary behaviour, serious enough so as to not permit, even temporarily, the continuation of the employment relationship.
- Unusual use of corporate assets and equipment
Use that is improper or for personal purposes, of company assets or, more generally, of IT equipment owned by the company, constitutes a risk factor for the employer, not only for the maintenance of the integrity of the equipment used, but above all for the security of the data in the worker’s possession.
Inside Agency checks and documents any behaviour that highlight possible uses of company assets and equipment for purposes other than those envisaged.
