Compared to what has already been ensured by current regulations and collective agreements, in favor of workers suffering from oncological, disabling and chronic diseases further job retention guarantees and paid leave for medical examinations and treatment arrive. The go-ahead comes from the Labor Committee of the Chamber which gave the go-ahead for the classroom.
Protection of cancer-sick workers: the current legislation
In matters of health, employment relationships are governed by the civil code which states that in the event of illness – as well as accident, pregnancy or postnatal birth – the employment relationship is suspended and that the employer cannot fire the sick worker if the job conservation period has not expired (the so-called «period of behavior») specifically provided for by the national collective labor agreements (CCNL).
The period of conduct consists of a period of time in which the worker, even if absent from work, has the right to keep his job. This period is generally established by law and regulated by the CCNL or, in the absence of references, by customs and practices. This protection therefore constitutes a sort of "protective screen" for the worker: as long as he is operational, the employer can fire him only for just cause or for a justified reason due to the impossibility of the performance or to the total cessation of the business activity.
The length of the period of conduct varies according to whether they are employees or workers. Once the period has expired, the worker can be fired even if he is still seriously ill. To overcome this drawback, the National Collective Labor Agreements have often introduced another institution, that ofunpaid leave.
Rights of workers with cancer: the news to come
The bill that is now in the classroom introduces additional elements of protection in consideration of the fact that "the path of treatment or recovery can be long and complex". In fact it states that:
1) workers suffering from oncological, disabling and chronic diseases they keep their jobs for the entire period necessary for care or treatment involving psychophysical conditions that are not compatible with work activity and, in any case, for a period not exceeding twenty-four months from the specialist medical certification, unless the national collective agreements for the category provide for greater favor.
2) in the case of workers suffering from oncological, disabling and chronic diseases that require visits, instrumental tests and frequent medical treatments, the annual number of hours of paid leave envisaged by the national collective labor agreements is increased on the basis of the indications of the specialist doctor who is treating the worker.
3) The certification of the disease it is issued by the local health authority responsible for the area or by the specialist doctor who is treating the worker.
4) The list of diseases for which these provisions apply is prepared by the Minister of Health, with a decree within sixty days of the entry into force of the law.
