Disability and labor law. Certainties, disappointments and hopes in the Italian legal experience
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278 6
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2024-04-01 02:41
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349.3(450) (2)
Ramuri speciale ale dreptului. Alte probleme de drept (979)
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SANTUCCI, Rosario, CERBONE, Mario, PETRIS, Pia De, PACIFICO, Francesca. Disability and labor law. Certainties, disappointments and hopes in the Italian legal experience. In: Creşterea economică în condiţiile globalizării, Ed. 16, 12-13 octombrie 2022, Chișinău. Chisinau, Moldova: INCE, 2022, Ediția 16, Vol.2, pp. 316-327. ISBN 978-9975-3583-9-2. DOI: https://doi.org/10.36004/nier.cecg.IV.2022.16.6
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Creşterea economică în condiţiile globalizării
Ediția 16, Vol.2, 2022
Conferința "Creşterea economică în condiţiile globalizării"
16, Chișinău, Moldova, 12-13 octombrie 2022

Disability and labor law. Certainties, disappointments and hopes in the Italian legal experience

DOI:https://doi.org/10.36004/nier.cecg.IV.2022.16.6
CZU: 349.3(450)
JEL: J14, J81, K31

Pag. 316-327

Santucci Rosario1, Cerbone Mario1, Petris Pia De2, Pacifico Francesca1
 
1 University of Sannio in Benevento,
2 University of Naples Federico II
 
 
Disponibil în IBN: 28 decembrie 2022


Rezumat

The delegated Law on Disability (No 227/2021), although hasty and incomplete, is important for adopting implementing measures that meet actual needs and also improve labor law in any case. In Italian labor law, this is not the first intervention. The labor legislation - starting with Law No. 68 of 1999 and ending with the recent Legislative Decree No. 105/2022 - conforms to international and European principles as well as the implementation of constitutional values on the centrality of the person and his dignity. They point to "targeted" placement on the abilities of people with disabilities and the appropriateness of the workplace, horizontal subsidiarity with the involvement of social enterprises, the prohibition of discrimination, and the promotion of equal opportunities through reasonable accommodation. However, things are not going so well either de facto or from the regulatory point of view, where the critical aspects of the general structure of labor market rules and public services also spill over. There are, in fact, strong disadvantages-if not genuine discrimination-in the world of employment of people with disabilities: gender, generational, type and degree of disability, geographic. The authors therefore point to the delegated decree that could also fill the gaps in the delegation, taking advantage of even recondite regulatory spaces. The basic idea is to refine the tools already in place (especially reasonable accommodations and involvement of social associations) and continue the cultural challenge to break down the stereotypes that still plague our society.

Cuvinte-cheie
labor law, rights, disability, reasonable accommodation, social enterprises, equal opportunity.