Applying ordinary illness protected period to a disabled employee constitutes indirect discrimination.
Published on Sole24Ore – NT Lavoro – on 11/04/2023 The application of the ordinary illness protected period to a disabled employee is an indirect discrimination, because disabled employee is exposed to the additional risk of absence due to an illness related to his condition. Thus, the Court of Cassation with the judgement no. 9095/2023 of 31 March.
The NCBA for the tertiary sector provides the possibility of exceed the protected period in case of summation of distinct illness period.
Published on Sole24Ore – NT Lavoro – on 22/02/2023 The Court of Cassation, in its judgment 5288/2023 of 20 February, upholding an appeal for revocation based on Article 391-bis of the Code of Civil Procedure, provided a complete examination of the provisions of the NCBA of the tertiary sector on the protected period, in the sense of considering a protected period by summation...