The Social Chamber of the TSJA, based in Málaga, has dismissed the lawsuit filed by the CGT union and the provincial works council of Cádiz, which sought to annul Veiasa's decision to tender for this surveillance service. The ruling, issued on December 9, concludes that using private investigators to detect fake sick leaves does not violate labor rights or the Workers' Statute.
The court considers that monitoring fraud falls within the powers of business management and that the measure does not constitute "massive, preventive, and prospective" espionage. The Chamber argues that, just as a private company can, a public entity can hire detectives to investigate well-founded suspicions of fraud, provided it respects data protection laws and employees' right to privacy.
The resolution emphasizes that the contract will only apply to "specific employees under suspicion" and not to the entire workforce of Veiasa, which numbers around 2,000 employees. The Regional Government of Andalusia defends this practice as common and carried out since 2006, aiming to ensure compliance with labor regulations and detect fraud.
The ruling recalls that detective reports, once ratified in court, carry the weight of documented testimonial evidence. Previous cases are cited, such as the dismissal of an ITV inspector in Vícar (Almería) in 2018, upheld by the TSJA after being caught by a detective omitting vehicle inspections, or the dismissal of an administrative worker in Huelva in 2003 for faking ailments to extend a sick leave.
Currently, Veiasa has an absenteeism rate between 5% and 6%. The contract awarded in September 2023 to the firm E Y JM Asociados 1989 Detectives SL amounts to 36,293.95 euros for two years. Historically, internal fraud focused on cash discrepancies and preferential treatment for workshops, avenues now closed by the elimination of cash payments and random vehicle assignment.
