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This is what the provision in force since October 29 provides. The text, which has reached the Senate for examination in first reading, modifies the August decree
by Andrea Carli
This is what the provision in force from October 29 provides. The text, which has reached the Senate for examination in first reading, modifies the August decree
2 ‘reading
An extension of the rules for smart work and abstention from work, in the event that children are quarantined or have to stay home because the school has decided to go in the direction of distance education. This is what is established in the Refreshments Decree (Legislative Decree 137/2020), in force since October 29. The text has reached the Senate for its first reading review. In the case of abstention from work, the payment of wages is not foreseen, while the prohibition of dismissal applies. The logic of the measures is to provide maximum care for families who, in this phase of sharp increase in infections, are forced to reconcile work commitments with the management of children.
Yes to smart work in case of quarantine of a 16-year-old son
According to the new provision (article 22), which prepared compensation for 53 categories overwhelmed by the squeeze of the activities promoted by the Dpcm of October 24, “a parent who is an employee can carry out work in an agile way (the so-called” smart working “, ed)) during all or part of the period corresponding to the duration of the quarantine of the cohabiting child, under sixteen years of age (and no more than the 14 years provided by a previous provision, the August decree). by the prevention department of the local health authority (Asl) with territorial jurisdiction after the contact occurred within the school complex, “in the context – it still establishes the norm – of carrying out basic sports activities, physical activity in structures such as gyms, swimming pools , sports centers, sports clubs, both public and private, as well as in the event that the educational activity has been suspended in the presence of the minor under sixteen years of age. wind ”.
Leave work without pay
Not only. The Ristori Decree provides for the possibility of working from home even “in the event that the suspension of teaching activities has been ordered in the presence of a minor under fourteen years of age who lives together. In the case of children between 14 and 16 years old – the text underlines -, parents have the right to abstain from work without payment of salary or subsidies in the recognition of theoretical contributions, with a prohibition of dismissal and the right to retain the job of job. job”.
One more step in the direction indicated by the Dl Agosto
Therefore, the Ristori decree goes in the direction indicated by the Government already with the August decree. In fact, Legislative Decree 104 had allowed parents to work remotely (or, alternatively, take advantage of a paid leave of 50% of salary) in case the child under 14 years old (now under 16 years old) had been placed in quarantine due to a contact with a positive occurred at school or during sports or recreational activities (the latter novelty caused by the conversion into law). In addition, the August decree in the passage to the Senate had extended the right to smart work for parents with children with severe disabilities until June 31 of next year.
