Roma, 25 marzo – Nella G.U. n. 70 del 22 marzo 2021 è stato pubblicato il d.l. n. 41 del 22 marzo 2021 (c.d. decreto Sostegni), recante misure urgenti in materia di sostegno alle imprese e agli operatori economici, di lavoro, salute e servizi territoriali, connesse all’emergenza da COVID-19.
Il provvedimento, all’art.15, reca misure a sostegno dei lavoratori in condizione di fragilità, prevedendo modifiche all’art. 26 del c.d. decreto Cura Italia (d.l. n. 18/2020 convertito con modifiche dalla legge n. 27/2020) in tema di tutela del periodo di sorveglianza attiva dei lavoratori del settore privato.
Precisamente è stata disposta la proroga del termine di cui all’art 26, commi 2 e 2-bis, fino al 30 giugno 2021.
Pertanto, alla luce di tali modifiche, ai sensi del novellato art. 26 del d.l. n. 18/2020 il periodo trascorso in quarantena, con sorveglianza attiva o in permanenza domiciliare fiduciaria con sorveglianza attiva, dai lavoratori dipendenti del settore privato, è equiparato a malattia ai fini del trattamento economico previsto dalla normativa di riferimento e non è computabile ai fini del periodo di comporto.
Fino al 30 giugno 2021, laddove la prestazione lavorativa non possa essere svolta in modalità agile, per i lavoratori dipendenti pubblici e privati in possesso di certificazione rilasciata dai competenti organi medico-legali, attestante una condizione di rischio derivante da immunodepressione o da esiti da patologie oncologiche o dallo svolgimento di relative terapie salvavita, ivi inclusi i lavoratori in possesso del riconoscimento di disabilità con connotazione di gravità (ai sensi dell’art. 3, co. 3, della legge n. 104/1992), il periodo di assenza dal servizio è equiparato al ricovero ospedaliero ed è prescritto dalle competenti autorità sanitarie, nonché dal medico di assistenza primaria che ha in carico il paziente. A riguardo il d.l. n. 41/2021 ha sancito che tali periodi di assenza dal servizio non siano computabili ai fini del periodo di comporto e, per i lavoratori in possesso del menzionato riconoscimento di disabilità, non rilevano ai fini dell’erogazione delle somme corrisposte dall’INPS a titolo di indennità di accompagnamento.
A seguito della modifica prevista dal d.l. Sostegni è stato parimenti prorogato fino al 30 giugno 2021, il termine entro il quale i lavoratori fragili, di cui sopra, hanno diritto a svolgere la prestazione lavorativa in modalità agile, anche attraverso l’adibizione a diversa mansione ricompresa nella medesima categoria o area di inquadramento, come definite dai contratti collettivi vigenti, o lo svolgimento di specifiche attività di formazione professionale anche da remoto.
Il legislatore con il d.l. Sostegni ha altresì sancito che le menzionate disposizioni trovino applicazione anche per il periodo dal 1° marzo fino al 23 marzo 2021 (data di entrata in vigore del d.l. Sostegni), nonché la modifica dell’art. 1, co. 481, della Legge di Bilancio 2021 (legge n. 178/2020), che prevedeva la vigenza dell’art. 26, commi 2 e 2-bis, fino al 28 febbraio 2021.
Con specifico riferimento alle persone con disabilità, all’art. 34 del d.l. n. 41/2021, per dare attuazione alle politiche per l’inclusione, l’accessibilità e il sostegno a favore delle persone con disabilità, è stato istituito il ‘Fondo per l’inclusione delle persone con disabilità’, per l’utilizzazione delle cui risorse saranno emanati provvedimenti volti ad individuare gli interventi e a stabilire i criteri e le modalità di finanziamento di specifici progetti.
Per approfondire: decreto_legge_22_marzo_2021_n_41
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