Wednesday, February 9, 2011

Black Truffles And Upset Stomach

Certificate of disease and visit

electronic certificate
Work with the Board the Budget for 2010 (Law 1167 of March 2010), the certificate of illness in the private sector paper is replaced by the electronic certificate. The doctor will fill in the certificate of basic disease INPS in a section on the site, which automatically sends a copy to your inbox certified (PEC) of the employer at the site Italia.gov (each entity is required to have one). So, once the issuing of disease (within at most a day), the information is visible to all actors who can request or make a visit tax (INPS, INAIL, ASL, employer).
Availability of worker
national contracts require the employee to promptly notify the employer to disease and to provide an address where it is available, which may differ from that of residence. The doctor has to go the address indicated by the employee during the hours of availability required by law. Employee tax private visits are carried out with the 7 / 7 availability of the bands from 10:00 to 12:00 and from 17:00 to 19:00. The employee can refuse entry to the doctors that occur outside of availability. Such a refusal is not entitled to the employer to assess an unjustified absence from work, or not to pay Social Security for the employee sick pay.
Post-visit tax
Once visited tax confirming the prognosis the employee is no longer subject to the availability times as "already controlled. "Further requests for visits by employers constitute the crime of harassment . According to the Supreme Court, and the damage caused to the employee's request by the employer to continue home visits, which ignore the 'outcome of previous audits that confirm the persistence of the disease, which may constitute a persecutory intent to cause even a worsening of the illness of the employee.
Absence without
If your doctor does not find the worker in the home during the time indicated on-call, is an unjustified absence by the employee unless they have a just cause. It remains to the employee the burden of proof, which can exempt from an unjustified absence, for the reason typed in national contracts: acts of God, purchase of drugs, specialist visits and treatments related to the disease course (Constitutional Court Judgement No 78, 26.1.1988: includes the possibility of the employee to furnish a serious reason and appreciation of his visit to the unavailability tax). If the employee fails to report the following day trips again an unjustified absence.
Holidays
The disease can not be counted in the period of leave because it prevents the enjoyment and affect the function of rest and recovery of energy psycho-physical. If the employee has regular medical certificate, the period of leave shall be suspended for the duration of the disease, and will be entitled to enjoy as many days off in a later period (in regard to anything that finds the employee is in the same place where he went on vacation). At the end of the period of illness, the worker loses the right to continue the leave above required until the date agreed with the employer, and must appear in the workplace.
Antonio Carbone
Area Manager-Tax FISTel CISL

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