Studio legale Avv Simona Piccioni STUDIO LEGALE Simona

Studio legale Avv. Simona Piccioni STUDIO LEGALE Simona Piccioni AVVOCATO SPECIALIZZAZIONE DIRITTO INTERNAZIONALE CONSULENZA AZIENDALE E FORMAZIONE MANAGERIALE Corso “Pari opportunità e Congedi Parentali ” Unicollege 21 Ottobre 2019 1

Premises o. Ensuring equal opportunities in the labor market means fighting all forms of discrimination based on gender. o. In a context like the Italian one, characterized by low levels of participation of women in the labor market and by differences in remuneration for women, monitoring, promotion and support for equal opportunities becomes strategic. 2

Premises The 30 s: the worker was equated in the protection of minors 1950 s: attention paid to equal pay and motherhood. 1970 s: Law 903/77 states that sex cannot be an element of discrimination in access to work and training, in the assignment of tasks and in the allocation of qualifications. The working father is granted the opportunity to be absent from work in the event of the child's illness or to take the optional leave in the first year of the child's life. 3

Premises DISCRIMINATION Any behavior that directly or indirectly leads to distinguish, exclude, limit or prefer a person based on the type of membership, sexual orientation, age, religion or belief, ethnic origin, conditions of disability and which has the purpose or effect of destroying or compromising the recognition, enjoyment or exercise, on equal terms, of human rights and fundamental freedoms in the political, economic, social and cultural fields and in any other public life sector. 4

Molestie Harassment and sexual harassment are also punishable based on recent legislation. The new rules prohibit harassment perpetrated to violate a person's dignity due to gender, racial or ethnic origin, religion or profession of faith, disability, age or sexual orientation, and to create an environment of intimidation, hostility, degradation, humiliation and offense 5

Retaliation At the same time, retaliation is also prohibited, that is to say when someone is badly treated or otherwise only for having reported the discriminations suffered or for having supported a colleague 6

Equal Treatment: Discrimination is: • morally incorrect • illegal European directives require all European Union (EU) countries to introduce or update their regulations to guarantee all European citizens the same protection against equal treatment 7

Since 2000 thanks to the introduction of two new directives: • It is illegal to deny an individual a job or access to training for reasons of ethnic or racial origin, religion or belief, disability, age or sexual orientation. • The rules on racial and gender discrimination guarantee access to health care, education, goods, services and housing 8

POSITIVE ACTIONS They are measures aimed at facing situations of exclusion or underrepresentation, and to remedy the widespread effects of discrimination in every field of life, social, economic and political, in particular education, the labor market and political representation. Established in 1984 by the Council of Ministers of the EC, implemented in Italy after 7 years with the Law April 10, 1991, num 125. 9

Framework in Europe - Treaty of Amsterdam In the mid-1990 s, the sentences of the Constitutional Court in Italy and the European Court of Justice had questioned the legitimacy of gender-based preferential treatment. The Treaty of Amsterdam intervenes in order to reaffirm the legitimacy of positive actions that do not constitute a violation of either the principle of equality or the principle of freedom. 10

Need to combine family and work This is one of the thorniest knots of the "pink" chapter and has to do with the concrete possibility of finding and maintaining employment, especially after the birth of children. In fact, family commitments are concentrated on the shoulders of women and mothers, forced into daring feats to fit all the commitments of the day: work, home, children. A management that, unlike what often happens, should be shared within the family unit. 11

The development of policies for the conciliation of life and work times represents a gradual path, developed over time. The institutions have sought over the years, and still try today to find answers adequate, not just at the regulatory level but also cultural. 12

Maternity Protection The Consolidated Text on Parental Leave (Legislative Decree 151/2001) represents the relevant legislation on the subject of protection of maternity and paternity and of conciliation between life times and work.

Labor Reform With the Labor Reform (law 92/2012 and s. m. i. ) have been introduced regulatory changes on parenting in general and on women's work, anticipating also incentives in case of female job hiring 14

compulsory leave 2018 From 2018 the dependent worker father is entitled to 4 days of compulsory leave from work (it is doubled !!) within 5 months from the birth of the child or from the entry into the family, even at the same time as the period of abstention from the work due to the mother. Days can also be enjoyed NON-CONTINUOUS (Article 1, paragraph 354, Law 11. 12. 2016 n 232) It can also take advantage of 1 additional day of optional leave, replacing the period of mandatory abstention due to the mother. These rights cannot be subjected to discretionary assessments by the employer " 15

Economic treatment and methods The periods cannot be split up into hours, but rather used for the entire working day. Right to data processing: 100% of the remuneration to be paid by the INPS, but advanced by the employer To be requested with at least 15 days' notice (from the date of the presumed birth) if the intention is to ask for the optional one, the mother's declaration must also be attached. 16

Attention!! Attention: if the mother does not work, the leave for the father can be requested within the third month of the birth and the parents in redundancy and mobility are also entitled. Optional parental leave: it has a duration of 10 months (it rises to 11 in particular cases) and it is up to both parents; can be combined between father and mother, for a maximum of 6 months per parent and can be used for hours and not just days. 17

Bonus and contributions You can apply for the Birth Price - 800 euros through the dedicated online service of INPS, due to the mother for the birth or adoption of a minor, paid at the completion of the seventh month of pregnancy or at birth, adoption or foster care. From 29 January 2018 it is possible to apply for the crèche bonus, up to a maximum amount of 1000 euros on an annual basis. 18

Substitute paternity leave It is valid when the mother cannot take advantage of maternity (death, invalidating illness or abandonment). The father is entitled, in this case, to the usual 5 months required for mothers. 19

Divieto di licenziamento • Diritto alla conservazione del posto di lavoro dall’inizio della gestazione fino al compimento del primo anno di vita del bambino. • Diritto a ottenere il ripristino del posto di lavoro in caso di licenziamento durante il periodo protetto. • Il divieto di licenziamento si applica anche al padre lavoratore fino al compimento di un anno di età del bambino. 20

prohibition of dismissal Right to job retention from the beginning of gestation until the child's first year of life. • Right to get the job back in case of dismissal during the protected period. • The ban on dismissal also applies to the working father up to the age of one year of the child. 21

Obbligo di convalida della richiesta di dimissioni presentata dalla lavoratrice, durante il periodo di gravidanza, e dalla lavoratrice o dal lavoratore durante il primo anno di vita del bambino o nel primo anno di accoglienza del minore adottato o in affidamento da parte del servizio ispettivo del Ministero del lavoro, competente per territorio. 22

Obbligation to validate Obligation to validate the request of resignation presented by the worker, during the period of pregnancy, and by the worker or by the worker during the first year of life of the child or in the first year of reception of the adopted child or in custody by the inspection service of the Ministry of Labor, competent for the area. 23

Studio legale Avv. Simona Piccioni STUDIO LEGALE Simona Piccioni AVVOCATO SPECIALIZZAZIONE CONSULENZA AZIENDALE DIRITTO DEL LAVORO DIRITTO UE CONTRATTI INTERNAZIONALI FORMAZIONE MANAGERIALE _______________ P. zza Mancini, 4 -00196 Roma E mail: ingleselegale@yahoo. it cell. 3208309172 24