Employee\u2019s absences due to occupational illness or injury are excluded from the calculation of the protected period in the case of the employer\u2019s liabilty under art. 2087 of the Italian Civil Code or explicit NCBA provision.<\/p>\n\n\n\n
Case ref: Cassazione Civile, sez. lav., 4 febbraio 2020, n. 2527<\/em><\/p>\n\n\n\n With Judgment no. 2527 of February 4th, 2020, the Court of Cassation confirms that the employee\u2019s absences due to occupational illness or injury, as included in the general definition of injury and illness provided by art. 2110 of the Italian Civil Code, are normally considered for the calculation of the protected period (so-called \u201cperiodo di comporto\u201d).\nOn the other hand, in order to exclude the absences for occupational injury or illness from the protected period, it is not enough that the illness or injury has an occupational cause, merely connected to the job, but the employer\u2019s liability has to be established \u201cfor violating the obligations provided by art. 2087 of the Italian Civil Code\u201d.\nIn particular, the Supreme Court specifies that the employee\u2019s absences due to occupational illness or injury are excluded from the calculation of the protected period when they \u201chave been caused by harmful factors that are intrinsic to the job or present in the place of work\u201d as well as \u201cwhen the employer is responsible for such a harmful and dangerous situation\u201d for violating the obligations under art. 2087 of the Italian Civil Code.\nFurthermore, the Court of Cassation remarks that, in any case, the calculation of such absences in the protected period can be expressly provided by the National Collective Bargaining Agreements: \u201cno provisions prevent the NCBAs from excluding the absences due to occupational illness or injury from the calculation of the protected period under art. 2110 of the Italian Civil Code neither is such an exclusion \u2013 which is reasonable and in line with the principle of preventing the employee from suffering injury caused by the job \u2013 limited by art. 2110 of the Italian Civil Code\u201d which is a provision \u201cgranting wide freedom to the parties\u2019 autonomy\u201d.<\/p>","protected":false},"excerpt":{"rendered":" Le assenze del lavoratore dovute ad infortunio o malattia professionale sono escluse dal computo del c.d. periodo di comporto in caso di responsabilit\u00e0 datoriale ex art. 2087 cod. civ. o espressa disposizione della contrattazione collettiva. Cassazione Civile, sez. lav., 4 febbraio 2020, n. 2527 Con la sentenza n. 2527 del 4 febbraio 2020, la Corte […]<\/p>","protected":false},"author":1,"featured_media":1891,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[44],"tags":[],"yoast_head":"\n