Smart working has been extended until December 31, 2021, for fragile workers who will continue working in agile mode and are entitled to specific protection that has been blocked until now.
Smart working for vulnerable workers is one of the protections extended by the conversion lawn. 133 of September 24 of the decree n. 111 of August 6 thanks to the introduction of article 2-ter.
Fragile workers can thus resort to smart working until December 31, 2021, while absence from work is equated with hospitalization.
After the date of June 30, smart working had been extended until October 31 while no extension, as underlined by the INPS in a message of August 6, had occurred for the other protection (absence from work as hospitalization) provided for fragile workers for the duration of the state of emergency and which will end at the end of the year as of today.
Let’s see what the protections are for fragile workers.
Smart working fragile workers: extension to December 31, 2021
For fragile workers, smart working is extended to December 31, 2021, concerning the data introduced by the decree of July 23 n.105 of October 31, 2021.
The converted August 2020 decree had introduced paragraph 2-bis to article 26 of the Cura Italia decree of March 2020.
The new government decree extending smart working for fragile workers to 31 December amends paragraph 481 of the Budget Law, which in turn amended article 26, paragraphs two and 2-bis of the decree-law of March 17, 2020, n. 18, converted, with amendments, by law 24 April 2020, n. 27 (Cura Italia).
Deferred deadline now on December 31 to protect fragile workers, not just smart working, therefore.
In particular, paragraph 2-bis of article 26 of Cura Italia establishes that fragile workers “normally perform work in an agile manner, also through the assignment to different duties included in the same category or area of employment, as defined by collective agreements in force, or the performance of specific professional training activities, even remotely. “
Smart working extended until December 31, 2021, from the scheduled date of October 31, concerns “public and private employees in possession of certification issued by the competent medical-legal bodies, certifying a risk condition deriving from immunosuppression or from outcomes from oncological diseases or from carrying out related life-saving therapies, including workers in possession of the recognition of disability with the connotation of gravity. “
Fragile workers: absence as a hospitalization until December 31
Protection that has not received the extension beyond June 30 for fragile workers equates absence from work to hospitalization following paragraph 2 of the article mentioned above 26. Now the new government decree also extends this protection, like smart working, as of December 31.
Therefore, the provision is extended to December 31, 2021, which provides “for public and private employees in possession of the recognition of disability with the connotation of gravity according to article 3, paragraph 3, of law no. 104 of February 5, 1992, as well as for workers in possession of certification issued by the competent medical-legal bodies, certifying a risk condition deriving from immunosuppression or outcomes from oncological diseases or the performance of related life-saving therapies, according to Article 3, paragraph 1, of the same law 104 of 1992, the period of absence from service is equivalent to hospitalization referred to in article 87, paragraph 1, first sentence, of this decree and is prescribed by the competent health authorities, as well as by the primary care doctor who is in charge of the patient, on the documented basis of the recognition of disability or the certifications of the competent medical-legal bodies referred to above, whose references are given, for the verification of competence, in the same certificate. “