National Institute of Social Security
Circular number 82 of 16/06/2009
Central Management Services in Support of Income
General Coordination legal
the central and peripheral
Executives
the directors of agencies
the general coordinator, and central
Rome, 16/06/2009
peripheral branches of the professional
Coordinator General Medical and Legal
Medical Director
Circular 82
and, for information,
At the Extraordinary
the President and Members of the Board of Trustees and Supervisory
the President and members of the Board of Mayors
the Judge of the Court Audit Officer to supervise the
Chairmen of Committees
administrators of funds, management and funds
the President of the Central Commission
for the assessment and collection of contributions
unified agricultural
For
Presidents of the Regional Committees
the Presidents of the Provincial Committees
SUBJECT: Clarification on compensation
disease during periods of wage
SUMMARY:
1. Extraordinary layoff and sickness
2. Ordinary layoff and sickness
With this circular is intended to provide a summary of the criteria arising from the law and the guidelines in the case law govern the competition between sickness and wage subsidies. The argument
the circulars issued by the Institute in the past - the No 50943 of 08.02.1973 (point C), No 134362 AUG-84, 22.4.1980, No 134368 AUG-14 01/28/1981 - seem outdated in some places has been consistently held.
1) layoff Extraordinary and sickness
Regarding wage extraordinary confirmed the already stated in paragraph C of the circ. 50943 of 8.2.1973, recently incorporated in the message No 28449, 23.12.2008.
Article. 3 of Act No. 464/1972 provides that the CIGS 'replace in case of sickness daily allowance paid by the management bodies of health insurance. " This provision applies to employees, workers or employees, suspended from work.
If during the suspension from work (layoffs at 0 hours) onset of disease status, the employee will continue to benefit from the extraordinary wage: the work is in fact totally suspended and there is no obligation to provide services by the employee who therefore should not even communicate the status of disease and continue to receive wage subsidies.
If the state of disease is before the beginning of the suspension of work for CIGS you will have two cases:
- if the entire staff of the office, department, team or similar which the worker belongs has suspended the 'activities, including the employee to enter into CIGS disease from the date of commencement thereof;
- if, however, is not suspended from work the entire staff of the office, department, team or similar which the worker belongs to the employee on sick leave will continue to be eligible for this disease, if required by applicable law.
Also remember that workplace accidents and occupational diseases to qualify for compensation from the relevant insurers and therefore falls outside the concept of disease in this discussion.
2) Ordinary layoff and sickness
As for the temporary layoffs, No circulars AUG-84, 134,362 22/04/1980 134,368 and AUG-14 of 28.1.1981, states that in case of illness coinciding with a period of regular unemployment benefits, both to employees that the suspended part-time workers it is only the sick pay . This criterion was based on. 3 of D.Lgs.Lgt. No 788/45 that "integration is not due to manual workers part-time for the holidays and unpaid absences that does not pay."
However, as clarified by the Court in several judgments and agreed (see Cass. Nn. 917/1984, 4937/1984, 91/1986, 5219/1987), "the indisputable differences between layoffs extraordinary and do not exclude ordinary fact, that when the production activity has already been totally suspended the action of the layoffs, both ordinary and extraordinary, and the employee benefits of its treatment, the disease can not determine that suspension of the relationship (art. 2110 cod. civ .) where the sickness is related, while in the opposite case, namely in that of illness at the time of intervention of the layoffs (of course if the request for the sick worker), the replacement of integration to the wage contractually integrated daily allowance is fully justified by the principle that under Article. 2110 cod. Civ. can not compete the sick worker more than is acknowledged to current employees' (see Sent. April 23, 1982, n. 2522).
Despite the art. 3 of Law August 8, 1972, No 464 (which, as mentioned above, provides for the treatment of wage replace the daily allowance of disease) refers explicitly only to the extraordinary layoff, the law of the Supreme Court noted that "when the ordinary operation of the case is on suspension of production activities (not to the mere contraction of the same activity), there is a full identity ratio, which allows you to extend this latter case, the rule established for the case integration and that is extraordinary that the treatment of wage replace the daily allowance of disease, and possible integration contractual provision "(Cass. civ. sect. lav. No 5219, 13.6.1987).
therefore is applicable even in case of sickness during a period of ordinary wage supplementation, the same criteria described in paragraph 1 of this circular, which are summarized below.
If during the suspension from work (layoffs at 0 hours) onset of disease status, the employee will continue to take advantage of the ordinary wage: the work is in fact totally suspended, no service obligation by the employee, then that should not even communicate the status of disease and continue to receive wage subsidies.
If the state of disease is before the start of the suspension of work for temporary layoffs there will be two cases:
- if the entire staff of the office, department, team or similar which the worker belongs has suspended the 'activities, including the ill workers in temporary layoffs will come from the same start date;
- if, however, is not suspended from work the entire staff of the office, department, team or similar which the worker belongs and worker in disease will continue to be eligible for this disease, if required by applicable law.
The Director General
Crecchio
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