DLP Insights

Hiring of disabled workers is not compulsory if the employment status is “similar” (Court of Cassation, no. 1058/2010)

Catégories: DLP Insights, Case Law

27 Juil 2010
The Court of Cassation stated that the employer is entitled to refuse to hire a disabled worker whether if the latter has an employment status different from the one required by the employer itself or just a “similar” status, i.e. not exactly equal to the one requested. According to art. 2, L. no. 68/99, the employment status shall not be considered as an abstract definition, but has to be interpreted as a concrete specification of the technical and professional skills required for the hiring of the disabled worker. In the opinion of the Supreme Court, in fact, both the ratio legis and the definition of “targeted hiring” clearly indicate that the hiring has to be executed only if it answers to all the requirements demanded by the employer, to be interpreted, if necessary, in accordance with the provisions of the applicable National Bargaining Collective Agreements (ex art. 10 L. no. 68/99). Finally, the Court of Cassation clarified that, being the ultimate scope of the law discipline the defense of psycho-physical integrity of the disabled worker as well as a proper balance between employer needs and worker interests, the definition of professional status required by the employer shall be considered as binding, finding a complete correspondence in the authorization needed for the hiring.

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