Rischi e tutele nel reinserimento lavorativo delle persone con malattie croniche e trapiantate: prime riflessioni alla luce del d.lgs. n. 62/2024

Abstract

After attempting to identify, in the absence of a specific legal definition, the categories of chronically ill and transplanted persons, the A. dwells on the major critical issues faced by the aforementioned in dealing with returning to and remaining at work during and after illness. Noting, then, that there is no ad hoc protective statute for workers with long-term illnesses, but that they can benefit from the employment guarantees provided for people with disabilities – to which they are traceable thanks to the acceptance in the supranational and national law of the biopsychosocial notion of disability – measures that incentivize and support their reemployment are examined. Finally, the analysis focuses on workplace adaptation obligations, which not only represent a curb on discriminatory drifts, but also help redefine the employer's area of responsibility in protecting the health and safety of workers, including in the employer's interest.