What is an Abusive Work stoppage?
An abusive Work stoppage is a medically unjustified leave. The employee benefits from a leave issued without valid medical reasons, representing a loss for the company and constituting fraud against Social Security, as the employee receives daily allowances.
Although there are no exact figures for fraudulent Work stoppages, in 2022, 8.8 million Work stoppages were issued, marking a 30% increase over ten years (source: France Info). The state actively fights against these abusive leaves, which cost Social Security 16 billion euros and significantly burden companies.
Who Can Initiate an Investigation for a Dispute Related to Abusive Work stoppage?
An employer who has suffered a loss due to an employee’s absenteeism can hire a private detective to investigate a dispute related to an abusive Work stoppage.
Public administrations can also use private investigation reports. The Versailles Administrative Court of Appeal accepts the admissibility of a private detective’s report commissioned by a municipality to document an abusive Work stoppage by a civil servant (CAA Versailles; 20/10/2011; 10VE01892).
What Are the Possible Actions of a Detective in a Case of Abusive Work stoppage?
A private detective can use various investigative methods, such as surveillance, tracking, or administrative inquiries around the concerned employee, to demonstrate an abusive Work stoppage (see also “How to Successfully Infiltrate a Company?“).
The private investigator can:
- Investigate the employee’s actual health condition, verifying activities that contradict the claimed illness, such as playing golf despite back problems.
- Prove the validity of the Work stoppage.
- Monitor the employee’s activities to highlight unauthorized actions.
- Ensure the employee adheres to the conditions of the Work stoppage, such as permitted outing hours.
- Catch the employee in the act of undeclared or competing professional activity during the leave.
- Organize a medical re-examination at an appropriate time.
Why Hire a Private Detective to Gather Evidence for an Abusive Work stoppage Case?
When a private detective provides proof of an abusive Work stoppage, the employer can stop paying additional indemnities, impose disciplinary actions, or, in exceptional cases, proceed with termination. Evidence gathered by the private detective can also be used in labor court disputes. The Court of Cassation accepts the admissibility of a private detective’s report as evidence (see “Cour Cass. Soc. Jan 28, 2015; 13-18.354“).
How Much Does a Detective's Intervention Cost in Labor Law Matters?
Hiring a proof professional has a relatively low cost compared to the damage a non-compliant employee can cause to a company. Generally, we offer daily packages for such cases. Feel free to call the agency or send us an email to get a free and detailed quote (see “Rates“).
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