We wish to point out two recent developments, which will both impact on the management of sick leaves of seafarers.
First, we will examine decision No. 6530/2021 of the Court of Rome, whereby it is reiterated that the reduced statute of limitations under Section 373 of the Italian Navigation Code also applies to occupational illness caused by the employers’ infringement of their statutory duty to protect their personnel (in the case at issue, an asbestosis disease).
Second, we will briefly comment circular letter No. 145/2021 of the National Social Security Institute (INPS), which provides for initial operating instructions for the new on-line service “Supplementary communications on seafarers sickness” (“Comunicazione integrativa malattia marittimi”), whereby the computerisation process of the files relating to seafarers’ sickness events continues to be implemented.
Decision No. 6530/2021 of the Court of Rome: the reduced time-limit provided for by Section 373 of the Italian Navigation Code, after which potential claims will become time-barred, also applies to seafarers’ claims for damages made under Section 2087 of the Italian Civil Code
By decision No. 6530 of 6 July 2021, the Court of Rome confirmed the prevailing case law according to which also health damage caused by the employer’s non-performance of the obligation to protect working conditions, is subject to the special rules under Section 373 of the Italian Navigation Code.
It is worth remembering that, pursuant to the above-mentioned statutory provision, all rights and entitlements deriving from an employment contract of seafarers are subject to a statute of limitations of two years running from the time when the seafarer disembarks at his/her home-port after expiry or termination of the relevant employment agreement.
The Court indeed clarified that – since Section 373 of the Italian Navigation Code refers to any and all “rights arising from the employment agreement” – the reduced time-limit also applies to claims for damages, if arising from the employment agreement.
The claimant’s argument that the scope of the statutory provision should be limited to economic rights only (with the consequence that the time-limit should not apply to claims for non-pecuniary damages) was disallowed by the Court.
The Court clarified that the date from which the time-limit starts running, must be calculated, alternatively, from:
The case submitted to the Court fell within the third hypothesis. As a matter of fact, the judge declared that – the claim for damages due to an “asbestosis” disease should have been filed with the Court within two years running from the time when the seafarer learned about the disease. Since no action was brought by the seafarer against the shipowner within two years from the first diagnosis of pleuro-pulmonary asbestosis (i.e., from the time when the claim for damages was enforceable), the seafarer’s claim was deemed time-barred.
INPS’ Circular letter No. 145/2021 – The computerisation process for the management of the seafarers’ sickness continues
As is known, since IPSEMA – the National Social Security Institute for Seafarers of the Maritime Industry – has been merged into the INPS’ general social security system, many important steps have been made towards the rationalisation and full computerisation of the management of the social security services.
In order to complete the computerisation process and minimise the use of paper communications as far as possible, a new system was recently released for electronic transmission of supplementary information needed for seafarers’ sick pay applications (“Comunicazione integrativa malattia marittimi”, “Supplementary communication on Seafarers Sickness”).
For a long time the use of electronic sickness certificates has been extended to seafarers and the certificates drafted by medical practitioners of SASN medical centres (i.e., territorial services for the health care of seafaring, maritime and civil aviation personnel) were transmitted electronically directly by them to the competent social security institutions.
However, unlike what happens for ordinary employees, said medical certificates are not sufficient for seafarers to obtain paid sick leave, since some additional information must be provided for that purpose. Indeed, the online sickness note does not contain most of the data required for completion of the request; so far, such additional information was provided by seafarers through paper forms: “Mal 1” (for sickness events starting during the on-board period that led to disembarking the relevant seafarer) “Mal 2” (for sickness events starting after the disembarking of the relevant seafarer) and “Mal 3” (for continuation or termination of sick leave). The above formality usually was accomplished by seafarers’ directly accessing INPS’ local offices and showing the relevant documents.
The novelty introduced with the on-line form “Supplementary communication on Seafarers Sickness” is aimed at completing the computerisation process, which will allow for automatisation of most of the application processing. By its circular letter No. 145 dated 28 September 2021, INPS provided the first operating instructions for the use of the online platform, which will be accessible (a) directly by seafarers, through their digital identity certified with the so-called “SPID” (Public Digital Identity System) credentials, electronic identity card or the National Service Card or (b) through pension and tax assistance offices (so-called “patronati”) or authorised intermediaries.
This article is for information purposes only and is not, and cannot be intended as, a professional opinion on the topics dealt with. For further information please contact Ulrich Eller and Mattia Zanotti.
