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        Chapter Le sospensioni della prestazione di lavoro per la cura di altri: alcuni spunti di riflessione

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        Author(s)
        Gabriele, Alessia cc
        Language
        Italian
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        Abstract
        In homage to Prof. Riccardo Del Punta, this essay analyses the rules for parental leave and time off from the labour relationship due to right to family care. This issue is faced by analysing the legislation that deals with working hours and time off and parental leave. The A., following the path designed by the scholars, tries to configure a unique and general framework for time off and parental leave, by focusing on the objectives of protection. Moreover, the time off and parental leave for the right to care, in many cases, are not binding but, on the contrary, they are the workers’ free choice. This characteristic discourages the use of the right to care, and weakens it. After the transposition of dir. n. 2019/1158/EU, the two subjective dimensions (parents and carers) of the right to care are considered as one. However, the national legislation continues tracing two different schemes for the protection of the right to care, ignoring that the reasons of care are strictly connected with the life of the workers, and with their needs. Finally, the A. suggests that to achieve the effectiveness and efficacy of the rules of the right to care, it is necessary to promote a paradigm shift following the scheme suggested at the EU level.
        URI
        https://library.oapen.org/handle/20.500.12657/96776
        Keywords
        Working time; right to care; parental leave; carers
        DOI
        10.36253/979-12-215-0507-8.30
        ISBN
        9791221505078, 9791221505078
        Publisher
        Firenze University Press
        Publisher website
        https://www.fupress.com/
        Publication date and place
        Florence, 2024
        Series
        Studi e saggi, 259
        Classification
        Employment and labour law: general
        Pages
        12
        Rights
        https://creativecommons.org/licenses/by/4.0/
        • Imported or submitted locally

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        License

        • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

        Credits

        • logo EU
        • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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