Unioni civili: permessi legge 104 e congedi straordinari

Roma, 9 marzo 2022 – L’INPS, con la circolare INPS 27 febbraio 2017, n. 38, ha indicato le istruzioni operative per la concessione dei permessi di cui alla legge 104/1992 e del congedo straordinario ai sensi dell’articolo 42, comma 5, del d.lgs. 151/2001 in favore del lavoratore dipendente del settore privato, parte di un’unione civile, che presti assistenza ai familiari disabili in condizione di gravità del partner dell’unione civile.
La circolare INPS 7 marzo 2022, n. 36 fornisce ora nuove istruzioni per il riconoscimento di questi benefici in favore dei parenti dell’altra parte dell’unione civile e le relative istruzioni contabili.
Si tratta, dunque, di una novità che allinea la normativa nazionale con l’orientamento comunitario, e che punta a garantire parità di trattamento e superare le discriminazioni basate sull’orientamento sessuale in materia di occupazione, condizioni di lavoro e retribuzione.
Nello specifico, l’Istituto evidenzia che tra l’unito civilmente e i parenti del partner sussiste un rapporto di affinità, che nel rispetto delle condizioni previste in via ordinaria, porta all’estensione del diritto ai permessi 104 e al congedo straordinario anche in caso di assistenza ai familiari dell’unito.
Occorre precisare che tale estensione non si applica all’istituto della convivenza di fatto, per la quale le tutele continueranno ad essere riconosciute esclusivamente per l’assistenza al convivente.

 

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