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Companies turn to private detectives to verify questionable sick leave, testing legal limits on absenteeism controls

Executive summary: Companies in Spain have begun contracting private detectives to surveil workers who are suspected of taking illegitimate sick leave. The tactic highlights rising tensions between employer efforts to curb absenteeism and legal protections for employee privacy, potentially leading to regulatory scrutiny and litigation.

Who is involved: Spanish employers across various industries, private investigation firms, labor unions, and Spanish data‑protection authorities.

Likely next: Labor courts may hear challenges to the legality of such surveillance, and the Ministry of Labor could issue guidance on permissible methods for verifying sick leave claims.

Spanish firms are increasingly hiring private investigators to monitor employees suspected of abusing sick leave, a practice that raises questions about employee privacy and the boundaries of lawful monitoring. The approach reflects growing employer frustration with absenteeism but also risks legal challenges under labor‑‑if poorly executed‑‑could expose firms to sanctions for violating data‑protection and workers’ rights statutes.

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