Labor rights outreach account Realidad Laboral warned in a TikTok video that private detectives hired by companies to monitor workers on medical sick leave face three strict legal boundaries.
The organization, which specializes in workplace rights, explained that many workers remain unaware of these statutory restrictions and accept investigation findings without verifying whether the evidence was gathered lawfully.
According to Realidad Laboral, the first legal limit strictly protects private spaces from surveillance. Investigators are prohibited from monitoring or gathering data on a worker inside their home, any property used as a residence such as a holiday home, or private gardens attached to the premises.
The second restriction forbids detectives from provoking or inciting an employee to commit a violation. Realidad Laboral noted that an investigator cannot induce a worker to perform an action they would not have taken on their own initiative and then use that conduct as evidence against them. Any evidence obtained through such entrapment is considered illicit and cannot legally justify disciplinary action or dismissal.
Limits on detective report content
The third boundary restricts the conclusions an investigator can include within an official report. Realidad Laboral stated that while a detective may record objective physical observations of a worker's actions, they are legally barred from stating whether an activity is medically compatible or incompatible with sick leave.
The account emphasized that detectives cannot declare that fraud has taken place, nor can they determine whether a worker's dismissal is legally justified. Such evaluations fall outside an investigator's legal mandate and belong solely to medical professionals and courts.
Background on workplace investigations in Spain
In Spanish employment law, companies have the legal right to monitor workers suspected of benefit fraud or fraudulent sick leave, often commissioning licensed private detectives to gather evidence. However, worker rights legislation and judicial precedent enforce strict privacy protections, rendering illegally obtained surveillance inadmissible in labor court disputes.
Challenging invalid surveillance reports
If an employer imposes sanctions or terminates a contract based on a private investigator's report, Realidad Laboral advised workers against automatically accepting the document as valid.
The outreach account recommended that affected employees thoroughly review how the evidence was collected and determine whether any of the three legal limits were breached. If irregularities are identified, workers should preserve all relevant documentation and seek legal counsel to formally challenge the report and defend their employment rights.
