Here is the CIRCULAR December 6, 2010, n.13
Changes to the rules governing permits for
assistance to persons with disabilities' - database on
at the Department of Public Service - Law 4 November 2010, No 183,
art. 24. (11A01923)
to public authorities in art. 1, paragraph 2, of Legislative Decree No 165/2001
1. Abstract.
the Official Journal on November 9, 2010, No 262 and 'the law was
published November 4, 2010, No 183, entitled "Powers to the Government on
strenuous work, reorganization of institutions,
leave, expectations and permits, social security measures,
of employment services, job incentives,
of apprenticeship, female employment, as well as'
measures against undeclared work and regulations on public works and
labor disputes.. "The law will come into
force November 24, 2010.
Article. 24 of the new law concerns "
Changes to the rules on permits for the care of the handicapped in
gravity of the situation '." This provision partially
innovative scheme permission for assistance to disabled people in the law contained
February 5, 1992, n. 104 and Legislative Decree
26 March 2001, No. 151. The rule also provides for the establishment and management of
a computerized database for collecting and managing data
to the use of permits for the purpose of monitoring and control
at the Presidency of the Council of Ministers - Department of Public
. The regime remains unchanged
permits, transfer and protection of home workers with disabilities for
'enjoying the same facilities for
needs of person.
This circular 'was drawn up following an investigation of work
comparison with the Ministry of Labour and Social Policy
and other administrations
institutionally involved in the matter, with the aim of providing information of a general nature consistent
il settore del lavoro pubblico e
privato. La finalita' della presente circolare e' quella di rendere
degli orientamenti per l'interpretazione e l'applicazione della nuova
normativa, ferme restando le autonome determinazioni di ciascuna
amministrazione nell'esercizio del proprio potere organizzativo e
gestionale. Rimane fermo quanto gia' illustrato dal Dipartimento
della funzione pubblica nella Circolare n. 8 del 2008, par. 2.2 e
2.3, a proposito dell'utilizzo frazionato dei permessi.
Prima di affrontare nel merito le questioni, si ritiene necessario
compiere una precisazione di tipo terminologico. Come noto, il
dibattito circa la terminologia da utilizzare per indicare le persone
with disabilities 'has been extensive and is' still strong. The spirit that animates the debate and
'to avoid expressions or definitions that could adversely
inherently negative value of an idea, instead
promoting the use of terms and concepts that can help highlight the value of diversity
'. At the international level, and 'now
spread the concept of "disabled person,'" which is used in
United Nations Convention of 13 December 2006
rights of persons with disabilities', which was ratified in Italy with
Act March 3, 2009 No 18. To date, having to deal with the matter,
best solution would be to follow the choices made in the
International, with the result that even in the examination of the provisions contained in
LN 104 of 1992, and that 'the law
Italian paramount (Framework Law for the assistance,
social integration and rights of persons with disabilities )
that should be taken only to the concept of a person with disabilities
'. However, for reasons of clarity leads to follow specific
in a different way, respecting the legislative text,
using different expression of "person in situation of handicap
. Although 'this expression can now be
inadequate in light of the foregoing, it is' still present in the text of that
l. No 104 and serves to indicate with clarity
the situation of disabled people in respect of which investigations have been carried out
pursuant to art. 4 of the Act itself
(Assessment of handicap). These findings, from which it can
'emergence is also a connotation of gravity'
handicap when the conditions of Article. 3, paragraph 3 (or "if
the handicap, single or multiple, has reduced the autonomy
staff, age-related ', so that it requires intervention
relief permanent, continuous and comprehensive in scope
individually or report that "the person),
are a prerequisite for the use of various
facilities provided in the law itself, the situation is serious handicap certificate
alia, the condition for the use of
permits envisaged in art. 33.
It should be noted, therefore, for greater accuracy and simplicity '
of exposure, in this circular and any subsequent
interpretive notes will be'
maintained the reference to "person with disabilities" and "person in situation of handicap
serious "while acknowledging the inadequacy of these expressions
the evolution of international law
and social custom. The following
then proceeds to illustrate the news' made
art. 24 della l. n. 183, che sostanzialmente consistono nella
restrizione dei soggetti legittimati a fruire dei permessi per
assistere persone in situazione di handicap grave, nell'eliminazione
dei requisiti della convivenza e della continuita' ed esclusivita'
dell'assistenza prestata dal lavoratore, nella ridisciplina del
diritto al trasferimento, nella previsione della decadenza nel caso
di insussistenza dei requisiti per la fruizione delle agevolazioni e
nell'istituzione della banca dati presso il Dipartimento della
funzione pubblica.
2. Ridefinizione dei lavoratori legittimati a fruire dei permessi
di cui all'art. 33, comma 3, della l. n. 104 del 1992 per assistere
people with disabilities seriously.
The main novelty 'of the law in matters of subjects
entitled to receive permission to assist a person in
severe disabilities. In this regard, paragraph 1, lit. a) Article
. Replaces the text of Article 24. 33, paragraph 3, of ln
104 and paragraph 2 of that article replaces paragraph 2 of Article
. 42 of Legislative Decree no. 151, 2001 and repealing subsection 3.
The new text of paragraph 3 of art. 33 cited states: "A
condition that the person is not hospitalized handicapped
full-time, the employee, public or private, assisting
handicapped person in a situation of gravity ', spouse, relative
or affinity within the second degree, or within the third degree if the
parents or the spouse of the person with disability in situations of
gravity 'are at least sixty-five years'
or are they also suffering from disabling diseases or have died
or missing, is entitled to receive three days of monthly allowance paid
covered by notional contribution, even in a continuous
. The said right can not 'be recognized more'
an employee to assist the person with the same
of severe disability '. For assistance at the same
child with a handicap of severe ', and the right'
recognized both parents, including adoptive
that can benefit from it either. "
According to the rule, in general, the legitimacy of the use
allowed to assist a person in a situation of serious disability
it is for the spouse and relatives and kin to the
second degree. Compared to previous legislation, the new provision on the one hand
expressly mentioned the spouse among workers
holders of the privilege, it also raised the limitation
relatives and related within the second degree.
Given the general rule The law, however, has 'made an exception for cases in which
parents or the spouse of the person to attend
have reached sixty-five years' or are they too suffering from debilitating
. Under these assumptions, estimates
prohibitively expensive or impossible to support the work of
due to age 'no longer' young or the illness of the family, the law provides for the possibility
'to extend the entitlement to
TITLE' also permits relatives and kin to the third degree
.
Therefore, the news 'more' important compared to the previous regime and
'represented by the restriction of the category of family that is eligible for
allowed, since' with the new rule
went from third to second degree of relationship, unless the recurrence
absence of exceptional circumstances, age ' registry or
diseases.
For convenience ', it is recalled that the family relationship and the affinity of
' are defined by the Civil Code (art. 74 cc: "The
kinship and 'the link between people arising from the same frame
" Article . 78 cc: "The affinity 'and' the link between a spouse and relatives of the other spouse
). Under the law, are
first degree relatives: parents, children, second-degree relatives are grandparents,
brothers, sisters, nephews (children of children) are
third degree relatives: grandparents, uncles, nephews (sons brothers and / or sisters),
grandchildren in a straight line. Are similar at first instance: in-law / a,
daughter-in-law; sono affini di secondo grado: cognati; sono affini di
terzo grado: zii acquisiti, nipoti acquisiti.
La legge non ha definito la nozione di "patologie invalidanti". In
mancanza di un'espressa scelta sul punto, sentito il Ministero della
salute, un utile punto di riferimento per l'individuazione di queste
patologie e' rappresentato dall'art. 2, comma 1, let. d), del decreto
interministeriale - Ministero per la solidarieta' sociale, Ministero
del lavoro e della previdenza sociale, Ministero per le pari
opportunita' 21 luglio 2000, n. 278 (Regolamento recante disposizioni
di attuazione dell'articolo 4 della L. 8 marzo 2000, n. 53,
concernente congedi per eventi e cause details), which governs the circumstances in which
and 'leave may be granted for serious reasons
of Article. 4, paragraph 2, of LN 53 of 2000. In particular, they are the
: 1) acute or chronic
cause temporary or permanent reduction or loss of personal autonomy,
including chronic diseases of congenital, rheumatic,
neoplastic, infectious, metabolic, post- traumatic, neurological, neuromuscular
, psychiatric, from addictions, whether for developmental or
subject to periodic flare-ups, 2) acute or chronic
that require nursing care or frequent monitoring
clinical chemistry and instrumental, and 3) acute or chronic
requiring the active participation of the family in
treatment;.
Under these circumstances, which of course must be documented
all, the law allows to widen the circle of family members entitled to
benefit of permits pursuant to Art. 33, paragraph 3, of
ln 104 of 1992, estimating a priori that people with the disease
concerned are unable to provide adequate assistance
the person in need of serious disability. Therefore in
if the spouse or parents of the person in need of serious disability
infected by the diseases covered in this list
, assistance will be able ' essere prestata anche da parenti o affini
entro il terzo grado.
Come detto, si puo' passare dal secondo al terzo grado di parentela
anche nel caso di decesso o assenza del coniuge o del genitore della
persona in situazione di handicap grave. Ai fini della disciplina in
esame, si ritiene corretto ricondurre al concetto di assenza, oltre
alle situazioni di assenza naturale e giuridica in senso stretto
(celibato o stato di figlio naturale non riconosciuto), le situazioni
giuridiche ad esse assimilabili, che abbiano carattere stabile e
certo, quali il divorzio, la separazione legale e l'abbandono,
risultanti da documentazione dell'autorita' giudiziaria o di altra
pubblica autorita'.
E 'should be stressed that the ability' to move from second to third degree
assistance occurs even if only one of the entities mentioned
(spouse, parent) is not in the situations described
(absence, death or disabling diseases )
because 'in the legislation and Inventory report' The expression
disjunctive ("if the parents or the spouse of the person with disability in situations of serious
'
have reached sixty-five years' or they also may be suffering from disabling diseases
or are dead or missing).
3. Identification of a contact person to assist the person in the same situation
serious handicap.
As anticipated, the art. 24 of the Law, innovation, discipline
on persons entitled to receive the permits, did not mention the
requirements of continuity 'and exclusiveness' of care that are no longer so
'
explicitly covered by the provisions in this area. The law, however, '
expressly stated that the right to use permits "can not' be recognized more '
of an employee to assist the person with the same
of severe disability'.." With this requirement and 'was therefore
' partially re-typed and the concept of exclusivity '
assistance, limiting it to the rule that permits
may be granted to a single worker to assist the
same person. Under the law, then, is a fundamental
single point of contact for each disabled person, being the person who
assume "the role and responsibilities related 'to its place as the
point of reference for the overall management of the action, ensuring coordination and
taking care of the constant verification of compliance with
care needs. "(as' the Council of State, in the opinion
No 5078 of 2008).
Given that the issue has been received
many questions, and 'should be noted that the new rules do not preclude the possibility
expressly' for the same employee assist
more 'serious people with disabilities, with the result that, wherever the necessary
all conditions, the same worker will be able to' enjoy
also allowed to accumulate in
provide assistance to more than 'people with disabilities. With the entry into force of
new discipline, it must now be considered over the No opinion 13 of this office
2008 (footnote 8474 of 18 February 2008),
published on the website of the Department of Public Service.
Similarly, the new rules do not expressly preclude a worker with disabilities
serious
assist another person who is in the same condition and, therefore, in the presence of
required by law, the worker will be able to 'enjoy the
permits for himself and for the family that assists disabled.
It 'clear that more protection' against the disabled adequate
and 'feasible, at least in the abstract, when they can' rely on the work of
assistance of a person who is devoted to his care
exclusively, in fact, activity 'against
paid more' family members can 'prove to be satisfactory. E '
also clear that the use of permits in a cumulative in-chief at the same
worker creates considerable discomfort to the activity' administrative
for a chance 'of frequent and protracted absences of the employee
same. These aspects should be well
evaluated by the employee wishes to apply for the use of permits cumulatively
limiting the application to situations where one side there are
other family members can assist the other is not '
can meet the needs for assistance in
limit of three days per month. The existence of those conditions,
that the employee's responsibility to declare at the time of application,
can not 'to be left exclusively to the evaluation and sense of responsibility
' of the worker, given their character
absolutely and relative difficulty 'of any
investigation.
4. The position of parents who attend a child
situation in the severely disabled.
The new law has given importance to the specialty '
parental relationship. Special rules are in fact dictated
for parents who attend a child with disabilities seriously. These rules are contained in
reworked text article. LN 33 of 1992 and Article 104 of
. 42 of Legislative Decree no. 151, 2001.
assistance towards the disabled child has a scheme
more 'flexible and specific rules derogating from the "regime of
single point of contact" and that' was shown in the previous paragraph.
In fact, in accordance with paragraph 3 of article again. 33,
assistance can 'be given alternately by both parents
(For assistance with the same child with a handicap in
gravity of the situation ', and the right' granted to both parents
, including adopted children, who may benefit from either.).
Therefore, subject to overall limit of three days
monthly, daily permits can be used by
working father or mother of the worker to assist the
same child. It should be noted however that, under the new
discipline, daily permits can be enjoyed even by
parents of a child of three years in a situation of serious disability.
On the one hand, the novel has deleted from the text of
previously existing provision (paragraph 3 of art. 33 of 104 ln
of 1992) the words "after completion of the third year of life
of the child", the other parents are still included in the category of relatives
entitled under the first sentence of paragraph
concerned, so that 'it would not be justified
favorable treatment or less favorable to the parents of a child three years
compared to the rest of the relatives and the like. This' means that, in the interests of
constitutionally reasonable, the scope of Article. 33,
paragraph 3 of law prevails over the forecast Article. 42,
paragraph 2, of Legislative Decree no. 151 of 2001 as a novella.
Possibility 'for parents of less than three years with a disability to take
permissions pursuant to art. 33 is added to the other
prerogatives provided for in Legislative Decree no. 151, 2001. So, there is still
the right of parents of a child three years in a state of
severely disabled to benefit as an alternative to daily permits
month, the extension of parental leave or rest times
paid under Article. 42 of the decree.
E 'should be noted that since the special institutions
satisfying the same purpose' of the child care
disabled, their use is to be considered alternative and not cumulative
during the month, so that 'in the month in which one of the
parents have received one or more 'days off in accordance with Article
. 33, paragraph 3, both parents will not be eligible for the same child
even two hours of daily rest,
the extension of parental leave and leave in art. 42,
paragraph 5, of Legislative Decree no. 151 of 2001 and vice versa. In fact, art. 42,
paragraph 4, of Legislative Decree no. 151 of 2001, calling the art. 33, paragraph 4, of
LN 104 of 1992 expresses the rule of cumulation 'of
rest and allowed to leave and parental leave for ordinary
the child's illness, excluding contrary to the cumulation' between
of their institutions " Special, "which are designed as alternatives
(pursuant to art. 42, paragraph 1, of Legislative Decree no. 151
cited le due ore di permesso al giorno possono essere fruite in
alternativa al prolungamento del congedo parentale di cui al comma 1
dell'art. 33 del medesimo decreto). Inoltre, il comma 5 dell'art. 42
sul congedo indennizzato prevede espressamente che durante il periodo
di congedo entrambi i genitori non possono fruire dei benefici di cui
all'art. 33, comma 1, del d.lgs. n. 151 (prolungamento del congedo
parentale), ne' di quelli di cui ai commi 2 (due ore di permesso al
giorno) e 3 dell'art. 33 della l. n. 104 (permessi giornalieri).
Alle agevolazioni previste per i genitori dal nuovo comma 3
dell'art. 33 si aggiunge poi la possibilita' di fruire dei permessi
anche per i parenti and in-laws under that provision,
of course always within the limit of three days and an alternative to
parents.
5. The objective conditions for the recognition of the permits:
a) the person with disabilities should not be serious
hospital full time.
Partly as a result of the novel, the law has kept
objective condition consisting in the fact that the disabled person is not hospitalized
to attend full time. It thus confirms the interpretation already
'provided under the force of law reaffirming previous
for admission to full-time means the
shelter for the entire 24 hours. It is also clarified that the shelter
rilevante ai fini della norma e' quello che avviene presso le
strutture ospedaliere o comunque le strutture pubbliche o private che
assicurano assistenza sanitaria. In linea con orientamenti
applicativi gia' emersi anche per il lavoro nel settore privato, si
precisa che fanno eccezione a tale presupposto le seguenti
circostanze:
interruzione del ricovero per necessita' del disabile di
recarsi fuori della struttura che lo ospita per effettuare visite o
terapie;
ricovero a tempo pieno di un disabile in coma vigile e/o in
situazione terminale;
ricovero a tempo pieno di un minore in situazione di handicap
grave per il quale risulti documentato dai sanitari della struttura
il need assistance from a parent or family.
The recurrence of the exceptional circumstances referred to above must '
of course be a suitable medical evidence that the administration and
' duty to evaluate.
b) the elimination of the requirements of cohabitation,
continuity 'and exclusive' assistance.
Article. 24, paragraph 2, lit. b) of LN 183
intervene on Article 20, paragraph 1, of LN 53 of 2000, eliminating
words from "as well as'" to "no partner".
Following this intervention, the requirements of the "continuity 'and the' exclusivity '"
assistance are no longer' expressly mentioned quali
presupposti necessari ai fini della fruizione dei permessi in
argomento da parte dei beneficiari. Inoltre, nella riformulazione
dell'art. 33, comma 3, della l. n. 104 del 1992 non e' piu' presente
il requisito della "convivenza", che era necessario per la fruizione
dei permessi prima dell'entrata in vigore dell'art. 20 della l. n. 53
del 2000. Analogamente, la legge ha abrogato l'art. 42, comma 3, del
d.lgs. n. 151 del 2001, il quale prevedeva che i permessi dei
genitori di figlio in situazione di handicap grave maggiore di eta'
potessero essere fruiti a condizione che sussistesse convivenza o che
l'assistenza fosse continuativa ed esclusiva.
6. The powers relating to the service location.
Article. 24, paragraph 1, lit. b) LN 183 of the novel has
paragraph 5 of art. 33. The new provision states: "A worker
referred to in paragraph 3 shall be entitled to choose, where possible, within the
work more 'close to the address of the person to attend and can not'
be transferred without his consent to another location .. " With the amendment and
'was envisaged that the appropriate approach
you can' get through the transfer and not 'to the address of the employee assisting
but rather to the
address of the person to attend. The novel has eliminated an inconsistency that was present in the text
the law previously in force. The transfer and the protection of
place of work, therefore, represent a tool for
the most 'easy care of the disabled. E '
should be noted that the rule, addressing the need to protect the disabled,
give the employee a right, which can' only be mitigated in the presence of objective circumstances
impediments such as lack of space
the budget allocated organic home, while
can not 'be subject to discretionary assessment or
opportunity' administration.
7. expense of the employee concerned to the use of
facilities.
The employee concerned has the burden to present
appropriate application for the use of facilities provided for by law and
demonstrate that the conditions of legitimacy
through the production of appropriate documentation.
In particular, the employee and 'required to produce the minutes of the Medical Committee
which shows the determination of
severe disabilities, as well as' where appropriate, the
medical certificate which shows the debilitating disease referred to 'Art. 33,
paragraph 3, of ln 104 and medical records
mentioned in paragraph 5 above, let. a). In addition, the person concerned and '
must certify through proper documentation that is through special
affidavits, made under Articles.
46 and 47 of DPR 445 of 2000 ("Consolidated
legislative and regulatory provisions relating to administrative documentation
"), whether the conditions justifying
use of the facilities. In this regard, it is recalled that, according
with art. 76 of DPR said, "Whoever
issuing false statements, false documents form or makes use
(...) in the cases provided for in this single text 'punishable under the criminal code
and special laws.."
Furthermore, in support of the application, the applicant must submit
signed statement of responsibility 'and awareness by showing
that:
assist the employee in respect of disability for which they are asked
facilities or require the employee
of facilities for the needs' related to your situation
of disability ';
the employee and' aware that the facilities are a
tool to assist the disabled and, therefore, recognition of the benefits
will mean the confirmation of the moral -
well as legal - to pay their actual work
assistance;
the employee and 'aware that the possibility' of
enjoy the facilities increases the cost for administration and a commitment to
public spending that the state and society 'to bear
only effective protection of the disabled;
the employee agrees to immediately notify any change
of the facts and law which has the effect
loss of entitlement to benefits.
following acceptance of the application by
administration, the employee must 'inform the
change or termination of the facts and law
involving the loss of title' benefits and must 'upgrade
the documentation produced to support the instance when
what 'is necessary, even after the request
administration.
Again, and 'useful to recall the predictions of Consolidated
quoted that "The performance of an act which contains not more
'according to truth' is equivalent to using a false document." (Article 76, paragraph 2
, presidential decree No. 445 of 2000).
are repeated here as well, the rules contained in art.
55 quater, paragraph 1, lett. a), whereas in the absence of justification
the service using a false medical certificate
provides for the imposition of the dismissal, and art. 55 d,
paragraphs 1 and 2, of Legislative Decree no. 165 of 2001, which, for the same assumptions,
provides for imprisonment and a fine addition to the obligation of
compensation of pecuniary damage and harm the image caused by
. Except in emergencies
demonstrated, for the use of
permits, the applicant must 'notify the competent management
absence from the service in advance, if possible
with reference to the entire span of the month, to allow
the best organization of the 'administration.
8. Duties of administration.
administration that receives the request for use of facilities
by the employee concerned to ensure
the adequacy and accuracy of the documentation submitted,
asking, where appropriate, integration.
The measures of acceptance should be periodically monitored to
order to obtain the updated documentation and
check the current 'produced affidavits of support
instance. It draws particular attention to the needs
'to request a new medical record in case of serious disability
assessment reviewed.
the Administration shall 'statements are checked
substitute the normal way' (Articles 71 and 72 of Presidential Decree No. 445 of
2000) through its inspection services, established in compliance with Article
. 1, paragraph 62, the LN 662 of 1996, or
however, on the instructions issued by the office in charge of personnel management
. The verification must 'be carried
Periodically, a sample. In the event that the finding
proves the absence of the conditions for the legitimate use
permits, the administration will 'to cut benefits for
effect of the decline.
Of course, if part or as a result of the investigation emerged
the details of a liability 'disciplinary
employee, the administration will proceed' to
timely statement of objections to the conduct of its
procedure and, if appropriate, communication to the authorities' competent
of the elements of an offense. In addition to reload
the provisions of art. 76 of DPR 445 of 2000 on
false statements, training and using false documents, you
still remember in detail here already 'mentioned rules contained in Article
. 55 c, paragraph 1, lit. a) and Art. 55 d,
paragraphs 1 and 2, of Legislative Decree no. 165, 2001.
Please note that the initiation and outcome of disciplinary proceedings
must be notified to the Inspectorate of Public
as required by the Directive of the Minister for reforms and innovations in public administration
of 6 December 2007, n. 8.
The administration, in another form, must 'make
communications permits
enjoyed by its employees for inclusion in the database established within the Department of
function public pursuant to art. 24, paragraphs 4 to 6, the ln
183, 2010.
At first application, every administration must '
proceed to review the measures of agreement already' adopted
to verify whether the conditions laid down by
new law. In case of absence of the requirements, except
timely integration of the documents produced in the past by
concerned, the act of consent must 'be revoked and
facilities can not be more'
granted as a result of decay. Of course, the employee who is in condition to be eligible
permits in different ways under the new law will
'burden to produce a new instance
accompanied by supporting documentation.
9. The finding was the investigation resulting in forfeiture
or the weakening of the conditions for the legitimate use
rights.
Article. 24, paragraph 1, lit. c) introduces a new paragraph, 7 bis,
in body art. 33 of LN 104 of 1992. The provision
provides that "Subject to verification of the conditions for the determination of liability
'discipline, the employee referred to in paragraph 3 of
loses his rights under this article,
if the employer or the Social Security finds
the absence or lack of the required conditions for
legitimate use of the same rights.. "With the news and 'was made explicit that
since' prerogatives belong only to those who are entitled under the law in
, in the absence of legal ground, there is less chance
'use of of the facilities. The determination about
the absence of the requirements incumbent upon the employer, private or public administration
and INPS for private sector labor
.
Beyond 'as the literal, referring only
the employee referred to in paragraph 3 (ie, 'the worker who receives permission to
assist a person with disabilities severe) and the rights
of this article, and' clear that the rule
expressed by the provision is of more 'wide, unable
not cover all cases in which the person apparently entitled to benefits in
reality' is not in possession of legal requirements for
their legitimate use. In fact, decay, or the loss of
chance 'to continue to use permits, finding was
is the natural effect of the conditions for the legitimacy
institution and as such, it is' expected
mentioned in the text Act on administrative documentation to
about the false affidavits (the art.
75 of DPR 445 of 2000 states that "where the checks
Article 71 does not reveal the truthfulness 'of the contents of
statement, the registrant
forfeit any benefits resulting from the measure adopted on the basis of the declaration
untrue. "). So, for example, you can' check
the decline in the part of the worker with disabilities severe
taking permits for their needs on the part of the parent or eligible for
of two hours per day allowed under Article.
42 of Legislative Decree no. No. 151 of 2001.
For example, the situations that may lead to revocation
can be mentioned: the loss of
severe disabilities as a result of the review visit, death
the person in need of serious disability, the hospitalization occurred
full-time disabled, the fact that two employees take
allowed to attend the same person with disabilities
serious.
10. database at the Presidency of the Council of Ministers - Department of Public
.
Article. 24, paragraphs 4-6, of LN 183 of 2010 provides for the establishment
at the Department of Public
a database aimed at monitoring and control on the legitimate use of
permissions granted to public employees who qualify in
as persons with disabilities or to assist another person in
disabilities grave. Le informazioni che saranno raccolte
nella banca dati saranno utilizzate in forma anonima anche per
elaborazioni e pubblicazioni statistiche.
Una volta attivata la banca dati, le pubbliche amministrazioni
dovranno effettuare adeguata comunicazione dei dati rilevanti per via
telematica entro il 31 marzo di ciascun anno.
L'attivazione della banca dati e le modalita' operative da seguire
per effettuare le comunicazioni saranno oggetto di successiva
circolare del Dipartimento.
Roma, 6 dicembre 2010
Il Ministro per la pubblica amministrazione e l'innovazione:
Brunetta
Registrato alla Corte dei conti il 18 gennaio 2011
Ministeri istituzionali - Presidenza del Council of Ministers No
register 1, page no 321
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