Roma, 26 maggio 2022 – La legge 19 maggio 2022, n. 52, di conversione del d.l. 24 marzo 2022, n. 24 recente disposizioni per il superamento delle misure di contrasto alla diffusione del Covid-19, ha prorogato alcune disposizioni a tutela dei lavoratori durante l’emergenza pandemica.
Come già segnalato, oltre alla possibilità di svolgere a distanza la formazione obbligatoria in materia di SSL, la Legge interviene sullo smart working “semplificato” e sulla sorveglianza sanitaria a beneficio di alcune categorie di lavoratori. In particolare:
- fino al 30 giugno 2022, i lavoratori affetti dalle patologie croniche con scarso compenso clinico e con particolare connotazione di gravità, di norma, svolgono la prestazione lavorativa in modalità agile, anche mediante attribuzione a diversa mansione ricompresa nella stessa categoria/area di inquadramento. Per tali soggetti, anche lo svolgimento delle attività di formazione professionale avverrà da remoto;
- fino al 30 giugno 2022, per i soggetti fragili che non possono svolgere la propria attività in smart working, nel settore pubblico e privato, il periodo di assenza dal servizio è equiparato al ricovero ospedaliero. I lavoratori dovranno essere in possesso di una certificazione medica attestante la propria condizione di rischio. I datori di lavoro del settore privato hanno invece diritto ad un rimborso forfettario per gli oneri sostenuti per i propri lavoratori dipendenti che non hanno diritti all’assicurazione di malattia presso Inps. Sono esclusi i datori di lavoro del settore domestico;
- fino al 31 luglio 2022, trovano applicazione le norme sulla sorveglianza sanitaria dei soggetti particolarmente a rischio di contagio (ex art. 83, co. 1, 2 e 3, d.l. n. 34/2020, conv. con mod. in l. n. 77/2020);
- fino al 31 luglio 2022, è prorogato anche il diritto dei lavoratori-genitori a svolgere la prestazione lavorativa in modalità agile, qualora sia compatibile con le caratteristiche della prestazione. Tale diritto, a condizione di compatibilità, è riconosciuto ancora anche in capo ai lavoratori maggiormente esposti a rischio di contagio, in ragione dell’età o della condizione di rischio derivante da immunodepressione, da esiti di patologie oncologiche o dallo svolgimento di terapie salvavita o, comunque, da comorbilità che possono caratterizzare una situazione di maggiore rischiosità accertata dal medico competente, nell’ambito della sorveglianza sanitaria;
- fino al 31 agosto 2022, nel settore privato è prorogato il termine per l’impiego del lavoro agile “semplificato” (ex art. 90, co. 3 e 4, d.l. n. 34/2020, conv. con mod. in l. n. 77/2020).
Per approfondire: Legge 19 maggio 2022 n. 52
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