Because in Italy there is (still) no protection for fragile workers
The intervention of Francesco Alberto Comellini and Francesco Provinciali
This story of the continuous pursuit to enforce and approve the protections in favor of fragile workers on a regulatory level is an all-Italian story, emblematic of saying and canceling, doing and undoing.
Everything could be much simpler, clearer, clearer, direct and intelligible.
Instead we are still here today to make a last attempt to heal a temporal vulnerability that Article 10 of Law 52/2022 converting DL 24/2022 has omitted, forgotten, despite for example the repeated appeals of the Hon. le Massimiliano De Toma who had presented a complete amendment which provided for the restoration of agile work and the equation of any period of illness of the frail with hospitalization, with effect from 1 April last. A heartfelt appeal full of humanity and a sense of responsibility addressed to the whole Parliament without distinction of groups, parties or political faiths.
This is to avoid that an immunosuppressed person, a chemotherapy person, an invalid pursuant to law 104/92 from having to resort to the contractual period of behavior or even to vacation, in the period following the end of the state of emergency and up to 30 June next.
Perhaps only those who are sick and frail realize the damage that the approval of the law without backdating could cause.
Yet we are still here to plead this cause.
Forgetfulness, material error, indifference? It doesn't matter: you have to add the missing piece to this law.
As everyone knows, on 23 May the law n. 19 May 2022 was published in the official gazette. 52 of conversion with modifications of the law decree n. 24 of 24 March 2022.
As for fragile workers, but exclusively for those affected by pathologies
and conditions identified by the decree of the Minister of Health adopted pursuant to article 17, paragraph 2, of the decree-law of 24 December 2021, n. 221, converted, with modifications, by law February 18, 2022, n. 11, the discipline referred to in article 26, paragraphs 2 and 7-bis, of the decree-law of 17 March 2020, n. 18, converted, with amendments, by law 24 April 2020, n. 27, is extended until 30 June 2022.
In this way there is undoubtedly a hole from 1.4 to 24.5 because, as everyone knows on the basis of art. 15, paragraph 5 of law 400/88, the amendments to the text made by Parliament during the examination for conversion into law, come into force from the day following that of publication of the same. Therefore the extension referred to in art. 10, paragraph 1-bis, introduced with reformulation by the government of the amendments that all parliamentary groups hastily filed "to be there" and which equates the period of sick leave of fragile workers to hospitalization, until 30 June 2022, unhealthy however the situation of those who, as a result of the "original forgetfulness" by the government (the 4th of the government of the best) to ensure the protections from 1.4.22, for those who are absent from work and put themselves on sickness to avoid the risk of contagion and that, perhaps, as a result of this fact it should have exceeded the contractual period.
To this end and to recover the blunder of the government and of those parliamentarians who supinely accepted an incomplete reformulation, an amendment should be filed today that specifies how the extension for fragile laboratories is "from 1 April 2022 to 30 June 2022".
In this way the shrewd legislator is sensitive to be able to recover from the error.
However, it is really hoped that in the future the technicians who draw up the law decrees or the rules when converting them, will pay more attention to the rights of fragile workers and people with disabilities who cannot, always chasing the mistakes of others and be thus penalized
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/sanita/tutele-lavoratori-fragili-italia/ on Thu, 26 May 2022 09:43:31 +0000.