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In Interventi Inail


Inail reimburses 60% of the remuneration for reemployment into work

Inail provisions for job insertion and reemployment, Inail has issued two circulars referring to the Regulations for the reemployment/ insertion and integration of people with disability into work

7 agosto 2020

Inail provisions for job insertion and reemployment
Inail has issued two circulars referring to the Regulations for the reemployment/ insertion and integration of people with disability into work
 





Circular no. 51 of 30 December 2016 regulates the "Preservation of the workplace", that is, workers who, following an accident or occupational disease, can return to the workplace thanks to the interventions reimbursed by Inail planned for regional arrangements.
Circular 30 of 27 July 2017 regulates the insertion into new employment following a meeting between offer and demand.
Circular 6 of 26 February 2019 modifies articles 5/6/9 of the previous circulars.
 
REIMBURSEMENT OF 60% OF THE REMUNERATION:
on the cessation of the state of absolute temporary incapacity, one cannot return to work without the implementation of the interventions identified in the aforementioned project and is reimbursed by the INAIL to the employer in the amount of 60 percent of what is actually paid.

The operating instruction of 22 July 2020 makes it clear that self-employed workers, although included among the recipients of work reemployment interventions as subjects insured at INAIL, are not among the beneficiaries of the reimbursement of remuneration.
 
Paycheck transmission must take place from the date of manifestation of the will by the employer who:
  •  in the case of a project developed by the multidisciplinary team, it coincides with that of the formal acquisition of the availability of the employer and of the worker to collaborate with the Institute in identifying the interventions necessary for reemployment into the workplace, after completing the form "Availability manifestation ", Annex 1, which must sign both the employer and the worker.
  • in case of a project developed by the employer, however, the expression of willingness to activate the project coincides with that of presentation of the project itself to the Inail.
Finally, in case that the employer, prior to the presentation of the project, has already communicated to Inail, in agreement with the worker, the intention to proceed with the implementation of the reintegration interventions, the manifestation of will coincides with the date of subscription of the "Manifestation availability" form, annex 1.
 
Ann. 1 - Manifestation of availability
(.pdf - 82 kb)
The instructions also clarify that the relative paycheck signed by the employer or his consultant must be attached to each of the pay packets, in which the gross amounts of the following items are analytically reported:
  • monthly basic salary, "fixed elements supplementing the basic salary i.e. EDR, super minimum etc.)",
  •  overtime pay if referring to months falling within the period to be reimbursed, amount of holidays falling on Sunday, amount of provisions in kind, board and lodging, travel allowance, allowance / increase amount per diem, transport, night work, holidays, accrual thirteenth and other additional months, percentage of the production bonus referring to months falling within the period covered by the reimbursement.
For the communication of the remuneration data relating to the entire reimbursement period, it is necessary to complete the "Communication of remuneration data" form, annex 2, which must be subscribed by the employer or his delegate.Annex 2 - Communication of remuneration data
(.pdf - 212 kb)
 
Interested parties must contact the Inail office that is the employee's home address.
 
Regulations for the reemployment and work integration of people with work disability
 

Circular no. 51 of 30 December 2016 (synthesis)
Paragraph 2- Recipients: the recipients of the aforementioned interventions may also be the injured and technopaths who, although they have not reported incapacitating consequences of particular seriousness, nevertheless require personalized interventions to support reemployment into the workplace, in relation to the functional limitations consequent to the event harmful to the characteristics of the specific task performed.
 
It is necessary that the assessment of the functional limitations resulting from the harmful event in relation to the specific task is reflected in a judgment made by the competent doctor, pursuant to article 41 of Legislative Decree no. 81/2008 or by the ASL prevention service, pursuant to article 5, paragraph 2, of law no. 300/70, which indicates the partial, temporary or permanent suitability, with requirements or limitations, or the temporary or permanent unsuitability of the worker.
 
paragraph 3- Employer and requirements of the owner of the company The employer involved as an active part for the purpose of carrying out the interventions for the reemployment of the worker is that of the production unit where the disabled person habitually held his activity work at the occurrence of an accident or occupational disease or at the manifestation of the aggravation of the pre-existing and consequent functional limitations to the harmful event which also occurred with another employer. In order to access Inail's support, the owner of the individual company or the legal representative of the legal person must possess the following requirements
 
paragraph 4- Interventions for work reemployment
the Regulation identifies three distinct types of interventions aimed at reemploying and integrating people with disability into work:
a) interventions to overcome and break down architectural barriers in the workplace which include building, plant and home automation interventions as well as devices aimed at allowing access and usability of the work environments.
b) works of adjustment and adaptation of the workstations which include the work of adapting furniture belonging to the work station, technological, IT or automation aids and devices functional to the adaptation of the work station or equipment, therein including special controls and adaptations of vehicles constituting a working tool.
c) training interventions that include both personalized training interventions for the use of the workstations and the related work equipment connected to the aforementioned adjustments, and training and tutoring activities useful for ensuring the performance of the same task or the professional requalification functional to the used for another job. The training and / or training must be functional to the reemployment of the worker in the same task or to the assignment of the same to another task and can concern both training in the use of the adaptations introduced, and training and tutoring for the performance of the job, as well as professional retraining aimed at assigning to another task
 
 Circular 30 of 27 July 2017 (synthesis)
Paragraph 1 Recipients: the operating procedures are also applied in favor of people with work disability caused by an accident or technopathic event protected by the Inail to whom an employer offers a new job for carrying out a job, not necessarily subject to the Inail insurance obligation. This measure is aimed to guarantee people with work disability protected by INAIL also in case of new employment the same support for the insertion and integration of work planned in case of job preservation.
 
Those protected by INAIL who are not directly qualified as workers, such as for example students and so-called housewives, are not among the recipients of the interventions for the insertion into new employment. Furthermore, employees of state administrations, even autonomously, are insured through special management on behalf of the State. Those protected by INAIL who are not directly qualified as workers, such as for example students and so-called housewives, are not among the recipients of the interventions for the insertion into new employment. Furthermore, employees of state administrations, even autonomously, are insured through special management on behalf of the State.
 
Circular 6 of 26 February 2019 (synthesis)
The modifications concern:
 1. the reduction of the fractioning by type of intervention of the total amount of expenses reimbursable by Inail to the employer;
2. the discipline of the procedure of cases in which the employer, in contacting the Institute to request the support provided by the Regulation, proposes a project shared with the worker;
3. the discipline of the cases in which the employer, before the ordinary procedure for the treatment of reintegration projects is activated or concluded, for reasons of necessity and urgency, has made reasonable arrangements aimed at ensuring the timely arrangements of the person with a disability to work;
4. the simplification of the obligations placed on the employer to access the support measures provided for by the Regulation
 
The maximum amount of overall sustainable expenditure by INAIL, equal to 150,000 euros eliminated the fractioning of the total amount into different items of expenditure, leaving only the limit of 15,000 euros set for training interventions unchanged
The residual amount of € 135,000 can be used indifferently both for the interventions to overcome and demolish the architectural barriers in the workplace and for the adjustment and adaptation of the workstations. Always with reference to the spending limits, with the circular INAIL 30 December 2016, n. 51, it was established that "the executive plan cannot be presented if the expected costs overcome the aforementioned limits".
 
Paragraph 6 Recipients: workers already disabled from work who, following an aggravation, even if only functional, related to a previous harmful event, are included in the recipient subjects, even in the absence of a new assessment of the permanent damage caused by part of INAIL, have obtained from the competent doctor or from the ASL prevention service a judgment [...] of partial, temporary or permanent suitability, with prescriptions or limitations, or of temporary or permanent unsuitability.
 
 

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