In case of suspected improper use of the allowances provided by Law 104 by an employee, the company has the right to adopt control measures to ensure the correct use of such benefits. To do so, it can enlist the services of authorized investigative agencies, which are empowered to conduct targeted investigations to verify the legitimacy of the use of these permits.

The decision to resort to private investigators is motivated by the need to ensure that the hours of leave are actually used for the care of a family member in need and that they comply with the obligations established by Law 104. Although this approach may seem invasive, it is grounded in protecting the interests of the company and preserving the integrity of the benefits granted by law.

It is important to emphasize that several rulings of the Cassation Court have confirmed the legal validity of such investigations conducted through private investigators. In many cases, these investigations have led to dismissal for just cause if it emerged that the employee was not complying with the legal obligations regarding the proper use of the permits provided by Law 104.

These jurisprudential decisions reaffirm the principle that the company has the right and duty to protect its business and interests, without violating the fundamental rights of employees. Therefore, dismissal for improper use of Law 104 permits is justified only when concrete evidence of violations emerges, ensuring fair and balanced justice within the scope of the employment relationship.