Chapter La malattia del lavoratore

Overview & Synopsis

The author examines the institution of the employee’s illness which, although it entails the temporary impossibility to work, it also guarantees the worker the continuation of the employment relationship and the right to remuneration. The absence due to illness creates a conflict between the productivity needs of the companies and the worker’s health protection. The resolution of this conflict, according to the article 32 of the Constitution and the article 2110 of the Civil Code, provides that a temporary suspension from work is justified in case of disease: the worker’s right to health prevails over the employer’s interest in receiving the duties performed by the employee. The employer cannot terminate the contract until the employee has recovered and only after a period of time established by law.