Pubblicato sulla Gazzetta Ufficiale n. 29 del 5 febbraio 2010, entra in vigore il Decreto Legislativo n. 5 del 26.01.2010, recante importanti modifiche al Codice sulle Pari Opportunità (d.lgs 196/00).
In ossequio alla direttiva comunitaria 2006/54/CE, vengono introdotte consistenti innovazioni a tutela delle lavoratrici, sia per quanto concerne il rapporto di lavoro, che in riferimento ai diritti previdenziali.
Sotto un primo profilo, appaiono di rilievo le modifiche agli artt. 27, 28 e 29 del Codice per le Pari Opportunità,.
Il divieto di cui all'art. 27, prima riferito alle discriminazioni nell'accesso al lavoro, viene ora esteso a tutte i pregiudizi subiti anche nella promozione professionale e nelle condizioni di lavoro. Il precetto viene espressamente esteso a qualunque settore o ramo di attività, ad ogni livello gerarchico e professionale.
Il successivo articolo 28 tutela le lavoratrici sotto il profilo retributivo, sancendo il diritto alla parità di trattamento (qualsiasi aspetto o condizione della retribuzione) a parità di lavoro o in caso di lavoro equivalente a quello dei colleghi maschi.
Le stesse tutele, infine, sono garantite anche in tema di progressione di carriera (art. 29).
Sulla scorta del recente orientamento della Corte Costituzionale, inoltre, alle lavoratrici donne è stata garantita la possibilità di lavorare sino all'età pensionabile stabilita per gli uomini (65 anni), senza oneri aggiuntivi sino ad ora previsti, quale quello di dover espressamente dichiarare al datore di lavoro la volontà di continuare a lavorare dopo il sessantesimo anno.
La riforma conferisce legittimazione processuale attiva anche ai consiglieri di parità provinciali e regionali per promuovere azioni a tutela dei lavoratori discriminati in base al sesso, alla paternità o maternità.
Di rilievo appare anche l'introduzione del nuovo art. 41-bis, che garantisce tutela giurisdizionale non solo al soggetto discriminato, ma anche a chi subisca dei pregiudizi per essersi attivato contro discriminazioni dirette ad altri (c.d. Vittimizzazione).
Più severe le sanzioni introdotte nei confronti del datore di lavoro che, condannato per discriminazione, non ottemperi al decreto del Giudice del Lavoro: si passa da 206 euro di ammenda o 3 mesi di reclusione (art. 650 c.p.), alla nuova e ben più incisica sanzione di 50.000,00 euro di ammenda o 6 mesi di reclusione.
Avv. Matteo Belli
In ossequio alla direttiva comunitaria 2006/54/CE, vengono introdotte consistenti innovazioni a tutela delle lavoratrici, sia per quanto concerne il rapporto di lavoro, che in riferimento ai diritti previdenziali.
Sotto un primo profilo, appaiono di rilievo le modifiche agli artt. 27, 28 e 29 del Codice per le Pari Opportunità,.
Il divieto di cui all'art. 27, prima riferito alle discriminazioni nell'accesso al lavoro, viene ora esteso a tutte i pregiudizi subiti anche nella promozione professionale e nelle condizioni di lavoro. Il precetto viene espressamente esteso a qualunque settore o ramo di attività, ad ogni livello gerarchico e professionale.
Il successivo articolo 28 tutela le lavoratrici sotto il profilo retributivo, sancendo il diritto alla parità di trattamento (qualsiasi aspetto o condizione della retribuzione) a parità di lavoro o in caso di lavoro equivalente a quello dei colleghi maschi.
Le stesse tutele, infine, sono garantite anche in tema di progressione di carriera (art. 29).
Sulla scorta del recente orientamento della Corte Costituzionale, inoltre, alle lavoratrici donne è stata garantita la possibilità di lavorare sino all'età pensionabile stabilita per gli uomini (65 anni), senza oneri aggiuntivi sino ad ora previsti, quale quello di dover espressamente dichiarare al datore di lavoro la volontà di continuare a lavorare dopo il sessantesimo anno.
La riforma conferisce legittimazione processuale attiva anche ai consiglieri di parità provinciali e regionali per promuovere azioni a tutela dei lavoratori discriminati in base al sesso, alla paternità o maternità.
Di rilievo appare anche l'introduzione del nuovo art. 41-bis, che garantisce tutela giurisdizionale non solo al soggetto discriminato, ma anche a chi subisca dei pregiudizi per essersi attivato contro discriminazioni dirette ad altri (c.d. Vittimizzazione).
Più severe le sanzioni introdotte nei confronti del datore di lavoro che, condannato per discriminazione, non ottemperi al decreto del Giudice del Lavoro: si passa da 206 euro di ammenda o 3 mesi di reclusione (art. 650 c.p.), alla nuova e ben più incisica sanzione di 50.000,00 euro di ammenda o 6 mesi di reclusione.
Avv. Matteo Belli
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