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Enables law 104, the question of one of our readers:
Good evening, I am a worker with a permanent contract. For over a year, I 've been using permits under law 104 to help my wife after bad cancer removal.
I write after reading your forum since the thirteenth (Dec2017) and the fourteenth (June 2018) I deducted the sums (respectively 195 and 248 euros) as a recovery for the authorizations of the law 104, after reading your discussions raises the doubt that the thing might not be regular and therefore, if possible, have explanations on this subject
Thanksgiving anyway and good job
Answer
Any vacation reduction and thirteenth month, due to the negative impact of paid holidays in accordance with art. 33 Law No. 104/1992, are inadmissible and may even constitute specific discrimination (Opinion – Ministry of Labor and Social Policies Directorate General for the Protection of Working Conditions Prot 15/0001920 of 5 May 2004 )
Following a request made by the Legislative Office of the Ministry of Labor, the State Council, with notice of November 9, 2005, considered " not subject to the reduction of leave and at the thirteenth month the permits provided for by article 42 of the legislative decree of March 26, 2001, number 151 are not cumulated with a parental leave ". (Circular letter – Ministry of Labor and Social Policies 14 January 2006, No. A / 2006, Prot.15 / V / 0002575)
This orientation was confirmed by the Court of Cbadation with the sentence no. 15435 of July 7, 2014.
The Court of Cbadation dismissed the appeal of an employer against the conviction of the court of appeal which had sentenced him to pay an employee the sum of 39, about 300 euros, in share of thirteenth and fourteenth month of salary related to work permits under art. 33 (3) of Law 104/92 as an active mother of a severely disabled minor. In the opinion of the Court of Cbadation, the non-computation of these permits for the purpose of the thirteenth month treatment only works if they are combined with the parental leave, a circumstance which, in the present case , did not occur.
& # 39; be deducted from the thirteenth and fourteenth months, in case you are entitled to law 104 Article 3 paragraph 3 to help the family member with a severe disability.
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