Experience, solutions and answers.
It might happen that a direct competitor of yours manages to capitalize via illegal actions damaging your company. This is called unfair competition.
The Law (art.41 Cost., art.2598e ss CC) establishes the extents of the unfair competition:
- The ban from using brands, names or symbols used legitimately by the competitors;
- The ban from imitating competitor’s products;
- The ban from publishing comments and news that might discredit the competitors;
- The ban from taking credit for a competitor product:
- The ban from using means not in compliance with professional correctness to damage the competitors
Proving himself innocent is up to the entrepreneur who is guilty of unfair competition. He will also be charged for all the damage caused, if responsible.
The law does not only condemn acts of unfair competitions, but also limits the repetition of such deeds in future.
There is also the employees’ unfair competition (art.2105 cc), which occurs when an employee reneges on the loyalty duty toward his employer and “makes business” as a competitor, or publishes and/or uses company information for his own good, therefore damaging his employer.
Veritas Investigazioni thanks to investigations always befitting the specific situation will provide evidence in support of the client.
ABSENTEEISM, DOUBLE JOB, ETC.
We can do investigations about illicit use of the permits granted by the Law n°104/92 and control of employees in sick leave or injured. Cases of employees that take advantage of fake reports of sickness or injuries, make illicit use of the permits granted by the law No 104, do not to show up at work damaging both the company and the country are on the increase.
Unjustified absenteeism is one of the reasons of firing for cause established by the law which states that the good cause is essential when an employee’s performance is so serious that any other actions but firing cannot sufficiently protect the employer (Cass. 24/7/03, n. 11516).
Veritas Investigazioni will take care of gathering evidence suitable for any specific judicially valid case.
PARTNERS AND EMPLOYEES INFIDELITY
Trust among partners in a company is one of the founding elements of work, but it is not always respected.
The art. n 2105 of the Civil Code forces the employees to be loyal, implying that they are not allowed to publish news related to the administration and the production techniques of the company, or making use of it, in order to damage the latter.
The norm also bans the worker from making business on his behalf or a third party’s who is a direct competitor.
Such investigations aim at proving illicit and unfair actions committed by partners or employees of the company, behaviours that are contrary to the company loyalty duties such as publishing confidential information, foul play or espionage.
Veritas Investigazioni gathering the most suitable evidence for any specific case will make a report also useful in court.
Searching the most eligible personnel for the required positions is essential for the HRM of a company and the damage caused by a wrong application is quantifiable on many different levels.
It is therefore crucial to verify the truthfulness of the CV of the potential asset when deciding to hire a new worker. In fact, it might happen to claim non-existing qualifications and skills during the interview.
Veritas Investigazioni will deal with match the truthfulness of the CVs to allow the company to hire the asset that best match its needs.
Before engaging in a relationship with people or companies which reliability is unknown it is good to conduct some researches to avoid fake business or an unsuccessful partnership.
Veritas Investigazioni conducts researches, controls and interviews useful for best assessing the chance of engaging in a business partnership with a natural or legal entity. A preliminary exam of the economic, administrational, managerial, productive and legal features of the company that contribute to define its market value and its potential. We also check the financial and reputational soundness of a person (natural or legal entity), reporting possible red flags and allowing the client to have a complete and detailed picture in order to take a weighted decision.
Company Espionage is included and condemned by the articles 621,622 e 623 of the Criminal Code. Veritas Investigazioni thanks to state-of-the-art tools and investigation techniques can spot news publishers, projects theft or any other actions that can damage the company.
SHORTFALLS AND THEFTS CHECK
Thefts by more or less skilled thieves or performed by one or more employees of the company itself as well as the unjustified shortfall of products are two of the biggest damages caused to companies causing losses so big to endanger the life of the company itself.
Veritas Investigazioni, using specific technology like micro cameras is able to spot the perpetrators and order the compensation.