• Tue. Dec 7th, 2021

Inps control visit and absence, when you do not lose your job


Nov 26, 2021

Check-up visit by the INPS doctor: what happens in case of absence? The tax visit consists of a health check by a doctor appointed by INPS (ex officio, or at the request of the employer), of the worker absent due to illness, usually at the latter’s home. If the worker is not available at the address indicated for the check, he risks the application of disciplinary sanctions by the employer, as well as the reduction or loss of any sickness benefit paid, reminds laleggepertutti.it. When do you not lose your job? The Supreme Court has recently ruled on the matter, with particular reference to cases in which the employee is absent from the tax visit due to the change of address. In this regard, it is important to know that the worker can change the address indicated in the medical certificate of illness, communicating the new address of availability through the function, available on the INPS web portal, ‘Address available for medical check-ups’. ; it is possible to change the domicile several times during the same absence due to illness. In any case, the employee must also immediately notify the employer and comply with the provisions of the collective and individual agreement regarding sick leave. If the worker is a public employee, he must immediately notify his own administration, which in turn must promptly inform the INPS through the appropriate channels. Time and place of the fiscal visit The worker has the obligation to make himself available, for the execution of the fiscal visit, every day of the week, Sundays, non-working days and holidays included, at the address indicated on the medical certificate of illness, transmitted electronically to INPS, during two daily time slots: for public employees from 9.00 to 13.00 and from 15.00 to 18.00; for private sector employees from 10.00 to 12.00 and from 17.00 to 19.00. When is it possible to change the address for the tax visit? Changing the address for the tax visit indicated in the medical certificate is possible in case of particular needs (therapies, need for assistance), or in the event of an error regarding the address communicated. Change in tax visit address In order to communicate the change of the domicile to be on-call, the worker must: access the INPS website, after authenticating with his / her own credentials (Spid, electronic identity card or national service card); enter the Online Services section, Citizen Help Desk for Vmc (medical checkups); communicate the new availability address through the ‘Availability address for medical check-ups’ function; it is possible to change the domicile several times during the same absence due to illness. Using the same service, the worker can check all the contact addresses communicated to the Institute. Communication to the employer Once the electronic variation procedure has been carried out, the employer is informed of the change of contact address communicated by the worker: when requesting a tax visit, if the communication was made prior to the request health assessment by INPS; at the time of consultation of the results of the tax visit, if the worker has communicated a change in availability after the request for the health assessment and the employer has consented, by ticking the appropriate field, to send the visit to the different address provided by the worker. In any case, the new procedure for sending the change of domicile does not exempt from the communications in this regard, to be sent to the employer, compulsorily provided for by legal or contractual provisions. In other words, if the collective or individual employment contract provides for the obligation to notify the employer of the new on-call domicile, the worker is obliged to communicate twice: otherwise, he may be subject to disciplinary sanctions. Notification to the employer not made If the employee did not communicate the change of address to the employer, where this communication is mandatory due to the provisions of collective and individual bargaining, the employer can impose the sanction provided for in the contract. If the collective agreement provides, as a consequence of the non-fulfillment, a conservative sanction, the employer cannot dismiss the employee: this has been clarified by the Supreme Court, with a recent sentence. According to the Supreme Court, in particular, in the event that the worker has communicated the change of domicile to INPS, but, despite this, the control visit has been attempted at an address other than the one correctly indicated, the recurrence must be excluded. of an unjustified absence of the worker vis-à-vis his employer, to whom the violation has not been communicated. In simple terms, the dismissed worker must be reinstated, because he was absent at the tax visit, if it is the INPS that has not taken note of the change of address. Furthermore, the failure to communicate the change to the company is irrelevant when the violation, based on the collective agreement, is punished with a conservative sanction.

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