Addressing Unlawful Sick Leave & Absenteeism Fraud

Unlawful sick leave places an unnecessarily heavy burden on the finances, operations, and overall productivity of an organization. Moreover, it undermines the morale of loyal, hard-working colleagues. When you, as an employer, have strong suspicions of absenteeism fraud, an independent, discreet, and professional investigation by an authorized agency provides the desired clarity and resolution.

Under Dutch law, as an employer, you are obligated to continue paying the wages of a sick employee. However, this protection is not intended for employees who abuse the rules. Absenteeism fraud is a serious problem that requires decisive action. But caution is advised: without rock-solid, legally convincing evidence, you as an employer can face major problems if you apply severe sanctions such as wage suspension or summary dismissal.

What Exactly is Absenteeism Fraud?

Absenteeism fraud occurs when an employee reports sick to you or the occupational health service, but in reality, spends their time in a way that hinders recovery. Think of employees who work (undeclared) elsewhere for another employer, perform heavy physical labor or renovate their own or someone else's home, or simply go on vacation while wages are unjustly paid. This is a gross breach of trust, violates the employment contract, and is outright illegal.

Our Approach to Sick Leave Investigations

The Nefesh Investigations team adheres to strict, legal procedures (as established in privacy codes of conduct) when investigating suspected absenteeism fraud. Our methods include:

• Tactical Observations: Extremely discreet and inconspicuous observation and photographic recording to establish whether the employee reported sick is performing work or activities that demonstrably contradict the nature of the reported illness.
• In-depth OSINT Investigation: Systematically checking and analyzing public sources, forums, and social media looking for contradictions, location data, or statements that confirm the fraud.
• Legally Admissible Reporting: We compile our findings into a highly detailed, objective fact report. This report is directly usable and will indisputably hold up in potential proceedings before a subdistrict court or in discussions with labor authorities.