Transfer the work with the law 104 to help the child with a severe disability, if possible?



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Transfer of Labor with Law 104 the question of one of our readers:

I am the father of a 4-year-old boy with hemophilia disease B. To this day I use L. 104 for 3 days monthly permits. To this day, I still do not understand if I can or do not enjoy the same thing to have a closer approach to the workplace closer to home, I work as Guardia Giurata for a private security company. Of course, I offer you the best regards

Let's badyze when it is possible to request the transfer of employment to help the family member with a serious disability (Law 104 Article 3 paragraph 3)

Transfer of With the law 104 [19659005] They may request the transfer of the nearest office to public or private employees who badist a severely disabled person

Article 33 of Law 104/1992, paragraph 5, states that "a worker who badists a family member with a disability in a serious situation has the right to choose, if possible, the place of work closest to the person's place of residence and can not be transferred without his or her consent at another place. "

More specifically, the spouse, parent or similar in the second degree, or in the third degree, may attend if the parents or spouse of the severely handicapped person have made the sixty-five q years old or are also suffering from disabling illness or have died or are missing.

Transfer tax and compatibility check

Ministry of Labor and Social Security circular n. 28 of 1993 states that the expression "to the extent practicable", with respect to the right to choose a workplace, should be understood to mean that the employer may impose a refusal solely for the purpose of motivated organization of society.

not to be transferred without explicit consent to another place constitutes, on the contrary, an unconditional right, in that it is not subject to verification of compatibility with the organizational and production needs of l & # 39; company.

In response to our reader, you can apply for transfer to the place of the nearest origin, with the law 104 art. 3 paragraph 3 to help your child

If you have questions or concerns, contact me: [email protected]

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