Official Gazette No 262 - suppl. ord. No 243 / L - of 09.11.2010 was published the text of Law 183, November 4, 2010, entitled: "Powers to the Government in respect of strenuous work, reorganization of entities, leave, expectations and permits, social security measures, services for the use of incentives to employment, apprenticeship, female employment, and measures against undeclared work and regulations on public works and labor disputes "(so-called" work related to the operation of public finance ").
legislation comes into force on November 24, 2010.
waiting for the reorganization of existing legislation on leave, expectations and allowed, however denominated, usable by employees of public employers and private provisions of art. 23 of the Act, art. 24 has made changes to the rules governing permits for the care of persons with disabilities in situations of gravity.
In particular, paragraph 1 of art. 24:
bed. a) replaces paragraph 3 of art. 33 of Law 104/92, completely define the circle of beneficiaries of the permits in question, and providing that can not be recognized in more than one employee can have the benefit of permits for the same person with disabilities in state of gravity;
bed. b) operates on the paragraph 5 of art. 33 mentioned with respect to the right of a worker who assists the family to decide where to work by referring to the one nearest to the domicile of the person to attend in order to ensure an easier care of the disabled.
bed. c) adds art. 33 that paragraph 7-bis which provides for the revocation of a provider of employment, the right to the benefits provided for in Article novel, where the employer ol'INPS ascertain the existence or the lack of the necessary conditions for the use permits.
Paragraph 2 of art. 24 repeals and replaces paragraph 2 of subsection Article 3. 42 of Legislative Decree n.151/2001 (Consolidated laws for the protection of maternity and paternity leave), eliminating the requirement of "continuity" and "exclusivity" of the conditions which are critical for the award of benefits for 'assistance to the adult child in a situation of severe disability.
Paragraph 3 of art. Impact on Article 24. 20, paragraph 1, of Law 53/2000 eliminating the generality of family and related disability in the seriousness of the disability, the requirements of "continuity" and "exclusivity" for the purposes of the previously expected enjoyment of permits in art. 33 of Law 104/92.
With this circular is to provide the instructions on the provisions introduced by the Article. 24 of Law No 183/2010 (Annex 1).
Before addressing the merits of the innovations described above, it seems necessary to make a terminological clarification.
It is well known internationally, has spread the term "disabled person" used in the United Nations Convention of 13 December 2006 on the Rights of Persons with Disabilities, ratified in Italy by Act March 3, 2009, n . 18.
In Law 104, 1992, Framework Law for the assistance, the integration sociale e i diritti delle persone handicappate, è rinvenibile il termine “persona handicappata”.
Benché questa espressione sia stata utilizzata anche nella legge 183/2010, nella presente circolare e nelle eventuali successive note interpretative, i soggetti con handicap grave ai sensi dell’art.3, comma 3, della legge 104/92, verranno individuati con il termine “persona disabile in situazione di gravità” o, più sinteticamente, “ persona con disabilità grave”. Leggi tutto
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