Lavoratori agili contano nella quota di riserva disabili

Roma, 15 luglio 2021 – Il Ministero del Lavoro, con l’interpello n. 3/2021, in risposta all’istanza presentata dal Consiglio Nazionale dell’Ordine dei Consulenti del Lavoro, ha fornito indicazioni con riguardo ai possibili effetti del lavoro agile sugli obblighi connessi al collocamento obbligatorio dei disabili.
L’istanza formulata prende le mosse dalla previsione contenuta nell’art. 23 del D.Lgs. 15 giugno 2015, n. 80, che sancisce l’esclusione dei “lavoratori ammessi al telelavoro dal computo dei limiti numerici previsti da leggi e contratti collettivi per l’applicazione di particolari normative ed istituti”. 
Al riguardo, il Ministero ha chiarito che i lavoratori in Smart Working, a differenza dei lavoratori in telelavoro, non possono essere esclusi dalla base di computo dell’organico aziendale per la determinazione del numero dei soggetti disabili da assumere ai sensi dell’art. 4, comma 1 della L. 68/1999 (c.d. “quota di riserva”).
Al di là delle possibili analogie e differenze tra i due istituti richiamati, non si rinviene dunque nella legge n. 81/2017, che regola la disciplina dello Smart Working, una disposizione analoga a quella contenuta nell’articolo 23 sopra menzionato, che escluda espressamente i lavoratori agili dall’organico aziendale, per qualsivoglia finalità.

29 thoughts on “Lavoratori agili contano nella quota di riserva disabili

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