Rights and Protections in the Event of Work Injury or Occupational Disease in Domestic Work
This article from the National Collective Labor Agreement for Domestic Work establishes protection measures for workers, both live-in and non-live-in, in case of workplace accidents or occupational illnesses.
It guarantees job retention for varying periods depending on the length of service, with a precise definition of how these periods are calculated on an annual basis. Additionally, it provides for specific benefits in accordance with current legislation, with detailed obligations for employers to report accidents or occupational illnesses to INAIL and, in some cases, to the Public Security Authority.
The obligation for the employer to pay wages for the first three days of absence is also clarified, along with conditions related to the conventional allowance in lieu of board and lodging. These provisions aim to ensure support and protection for domestic workers, highlighting the importance of a safe working environment and social protection against events of injury or illness related to work activities.
Art.29 Workplace Injury and Occupational Illness
1. In the event of a work-related injury or occupational illness, the worker, whether cohabiting or not, is entitled to job retention for the following periods:
a) for seniority up to six months, beyond the probationary period, 10 calendar days;
b) for seniority from more than six months to two years, 45 calendar days;
c) for seniority over two years, 180 calendar days.
2. The periods relating to job retention are calculated in the calendar year, meaning a period of 365 days from the event.
3. The worker, in the case of a work-related injury or occupational illness, is entitled to the benefits provided for by the D.P.R. June 30, 1965, no. 1124, and subsequent amendments and additions.
4. The benefits are delivered by INAIL, to which the employer must report all injuries or occupational illnesses within the following terms:
- within 24 hours and by telegraph for fatal or presumed fatal cases;
- within two days from the receipt of the relevant injury or occupational illness certificate, for events prognosed not curable within three days;
- within two days from the receipt of the relevant follow-up certificate, for events initially prognosed as curable within three days but not cured within this period.
5. The report to INAIL must be drawn up on a specific form prepared by that institution and accompanied by the medical certificate. Another report must be sent within the same terms to the Public Security authority in cases required by law.
6. The employer must pay the full wage for the first three days of absence due to injury or occupational illness.
7. The additional conventional allowance substituting for board and lodging, for staff who normally benefit from it, is due only if the worker is not hospitalized or at the employer's domicile.
8. An injury or occupational illness during the probationary period or notice period suspends their progression.
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Frequently asked questions
In the event of a work injury or occupational illness, the domestic worker is entitled to job retention for various periods depending on their seniority: for seniority up to six months, the period is 10 calendar days; for seniority from more than six months to two years, the period is 45 calendar days; for seniority over two years, the period is 180 calendar days. These periods are calculated in the calendar year following the event.
The employer must report work-related injuries or occupational diseases to INAIL within the specified time frames: within 24 hours for fatal or presumed fatal injuries (telegraphic communication); within two days of receiving the medical certificate for events not recoverable within three days; and within two days of receiving the continuation certificate for events initially prognosed to recoverable within three days but not healed within that period. The report must be filled on a specific form provided by INAIL and accompanied by the medical certificate.
The employer is required to pay the actual overall remuneration to the domestic worker for the first three days of absence due to a work-related injury or occupational illness. Moreover, if the staff usually benefits from board and lodging, the replacement conventional quota is due only if the worker is not hospitalized or staying at the employer's residence. In the case of injury or occupational illness during the probation or notice period, these periods are suspended.
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