In Fuengirola, private detectives may also be investigating public employees in addition to investigating infidelities, gathering evidence of crimes, or ensuring security at significant events. The local Council has issued a contract for the recruitment of detectives to supervise municipal employees. The title of the contract is unambiguous. It was tendered for €18,148.79 (€14,999 plus VAT) and is a one-year contract. The City Council intends to address the “high level of absenteeism at work” in accordance with the specific technical specifications.
The initial question that may arise for those who investigate the contract is who determines who is investigated, what criteria are employed, and how. All of this is addressed in the contract document. Private detectives may investigate municipal employees who are “temporarily incapacitated or have a report of fitness with limitations.” The Human Resources department will be responsible for making this determination, and a minimum of ten employees will be investigated. Nevertheless, the tender states that companies are permitted to submit higher bids. Up to 40% of the award criteria are determined by this enhancement, while the remaining 60% are determined by the price.
In terms of the specific responsibilities that the detectives will be expected to fulfil, the specifications once again specify that “The provider must conduct a preliminary investigation on the person being monitored, consisting of corroborating the information provided by the Council, as well as checking for other addresses, telephone numbers, workplaces, and incidents that may appear on official websites or social media that could add value to the monitoring.” This initial assessment must be integrated into the final report, indicating “which results have been positive” and “which results have been negative.”
In addition to this preliminary investigative work, a “comprehensive” follow-up will be conducted. This follow-up must be “designed and directed” to “very clearly demonstrate” that the employee is performing their usual or other work activity. It is not sufficient to rely on facts that presuppose this; a clear and direct connection to the facts being proven is required. The follow-up will be identical if the objective is to exhibit activities, body movements, or other actions that are incompatible with the situation that has resulted in the transient disability or limitation of their ability to perform their job. Initially, these investigative duties will require a minimum of three days to complete, unless Human Resources determines that it is insufficient or may be less than that and requests a longer investigation period.
Public funds and absenteeism
The “high” absenteeism rate that justifies the contract is estimated by municipal sources to be 10%, which is three points higher than the national average. The highest percentages are found in Operational Services, which is responsible for maintenance tasks in public spaces, and cleaning, which is privately managed but is carried out by municipal employees in one part of the city. Nevertheless, the City Council underscores that this contract is “not the only measure” it has implemented to “counteract” absenteeism. “We have also requested reports from the health surveillance service and the labour insurance company to investigate strategies that will enhance the health of employees,” they add.
Simultaneously, they underscore that the objective is not to undermine sick leave, and they emphasise that public employees who fail to report to work receive their compensation in full, in contrast to those in private companies. Additionally, they assert that they are not the first administration to execute a contract of this nature. “This is to prevent the misappropriation of public funds,” explains the Fuengirola Council.
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