Misure per i lavoratori del settore privato a cura dell'Ufficio Salute e sicurezza ANMIL

Roma, 2 luglio 2020 – Con il messaggio n. 2584 del 24 giugno 2020 l’INPS ha fornito indicazioni operative per il riconoscimento della tutela previdenziale della malattia, in attuazione dell’articolo 26 del D.L. n. 18/2020 (convertito, con modificazioni, dalla legge n. 27/2020).
Preliminarmente è stato precisato che il comma 1 dell’articolo 26 nel disporre l’equiparazione della quarantena alla malattia, ai fini del trattamento economico previsto dalla normativa di riferimento, fa riferimento al periodo della quarantena con sorveglianza attiva o permanenza domiciliare fiduciaria con sorveglianza attiva e al periodo di quarantena precauzionale.
Pertanto, secondo l’Istituto la tutela viene riconosciuta a fronte di un procedimento di natura sanitaria dal quale non è possibile prescindere, stante sia l’equiparazione della stessa alla malattia sia l’obbligo per il lavoratore di produrre idonea certificazione sanitaria, come attestato dal comma 3 del medesimo articolo 26.
Inoltre, nel messaggio in commento è stato sottolineato che dall’interpretazione letterale della norma, nulla è innovato, sotto il profilo previdenziale e contrattuale, in merito alla specifica tutela prevista in caso di malattia comportante incapacità temporanea al lavoro per le diverse categorie di lavoratori, incluso l’eventuale diverso rischio specifico indennizzato a talune categorie di lavoratori.
Nel messaggio sono state anche meglio definite le caratteristiche della certificazione sanitaria da trasmettere all’INPS ai fini del riconoscimento della tutela di cui al comma 1 dell’articolo 26.
L’istituto ha altresì fornito specifici chiarimenti sulla tutela per i lavoratori dei settori privato e pubblico con patologie di particolare gravità, prevista dall’art. 26 al comma 2, e sulle caratteristiche della relativa certificazione sanitaria da trasmettere.
Chiarimenti anche sul c.d. periodo transitorio, cioè il periodo precedente all’entrata in vigore del D.L. n. 18 del 2020 (17 marzo 2020).
Precisamente, è stato puntualizzato che – in attuazione di quanto previsto dal comma 4 dell’articolo 26 – debbano considerarsi validi per il riconoscimento dell’indennità di cui al comma 1:
– i certificati medici prodotti anche in assenza del prescritto provvedimento dell’operatore di sanità pubblica;
– i provvedimenti emessi dall’operatore di sanità pubblica presentati dai lavoratori anche in assenza dei certificati di malattia redatti dai medici curanti.
Infine, nel messaggio n. 2584/2020 l’INPS ha ribadito che l’articolo 26 è rivolto ai soli lavoratori dipendenti, con esclusione quindi dei lavoratori iscritti alla gestione separata istituita presso l’INPS, ai sensi dell’articolo 2, comma 26, della legge 8 agosto 1995, n. 335.
Per quanto concerne invece la specifica categoria di lavoratori marittimi, è stato precisato che le relative istruzioni tecniche saranno fornite mediante l’implementazione del manuale tecnico rinvenibile nella specifica sezione della procedura “Gestione malattia marittimi”.

Per approfondire: Messaggio_INPS del 24_giugno_2020_n. 2584

#inps #sicurezza #malattia #riconoscimentomalattia #tutelaprevidenziale #lavoratorisettoreprivato #security #sick

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