Smart working, all the new rules of the private sector

Smart working in the private sector, we change. The Ministry of Labor has reached an agreement with the social partners on the National Protocol with the guidelines for collective bargaining on agile work in the private sector. This is the second provision in Europe to regulate smart working.

Is the future smart working? What advantages

“Agile work, the so-called smart working, has grown a lot during the pandemic, but beyond the emergency it will be a modality that will characterize work in the future, even in everyday life, in the normality that we hope to regain as soon as possible” he commented on Minister of Labor Andrea Orlando. “This is why we wanted to reach an agreement with all the social partners, which would govern the new problems that this way of organizing work poses”.

In 2020 Italy ranked 13th for the use of smart working in Europe. The advantages are enormous, both for companies and for workers, especially in terms of savings (here how much you really save by working from home).

Finally, it is the signature of all those present at the table arrived, of all the trade union and business forces. In addition to the Ministry of Labor, the trade unions (Cgil, Cisl, Uil, Ugl, Confsal, Cisal, Usb), Confindustria, Confapi, Confcommercio, Confesercenti, Confartigianato, Cna, Casartigiani, Alleanza cooperative, Confagricoltura, Coldiretti, have signed the protocol Cia, Copagri, Ania, Confprofessioni, Confservizi, Federdistribuzione, Confimie and Confetra. The ABI expressed its appreciation and agreement and will be able to subscribe following the resolution of the Executive Committee scheduled for the next few days.

However, the contents of the protocol leave room for individual agreement between worker and employer and collective bargaining, called to define some aspects not sufficiently detailed by the current legislation.

Furthermore, the Protocol, as explained by the Alliance of Cooperatives, refers to a series of minimum contents that the individual agreement should incorporate in order to avoid gray areas or disputes during the application: “It also addresses issues, important and well-known , safety in the workplace and the protection of privacy, both in favor of the company, in particular in terms of data processing, and in favor of the worker “.

The main points of the Protocol

Not just smart working in the public sector, therefore (the rules of the new agile work in the PA can be found here). The Protocol that will guide the collective bargaining of private smart working defines some essential points:

  • right to disconnection, therefore to workers’ rest
  • the right to see certain treatments guaranteed that are ensured with ordinary work
  • right to safety
  • data security, with precise methods.

The agreement is effective immediately, but will probably not be fully applicable as long as the pandemic state of emergency, set by the government, is in place, at least for now, until December 31st.

What’s in the individual agreement on smart working

The employer has an obligation to inform workers about the Protocol. Adherence to smart working takes place on a voluntary basis and is subject to the signing of an individual agreement, without prejudice to the envisaged right of withdrawal.

L’individual agreement of agile work signed between the employer and the worker adapts to the 2 contents of any reference collective bargaining and in any case must be consistent with the law and with the guidelines defined in the signed Protocol, taking care that the following are provided for:

  • the duration of the agreement, which can be for a term or for an indefinite period
  • alternation between working periods inside and outside the company premises
  • the places possibly excluded for the performance of work outside the company premises
  • aspects relating to the execution of the work performed outside the company premises, also with regard to the forms of exercise of the managerial power of the employer and the conduct that may give rise to the application of disciplinary sanctions in compliance with the regulations provided for in the collective agreements
  • working tools
  • the worker’s rest times and the technical and / or organizational measures necessary to ensure disconnection
  • the forms and methods of control of work performance outside the company premises, in compliance with the provisions of art. 4, law 20 May 1970, n. 300 (Stat. Work) and subsequent amendments and by the legislation on the protection of personal data
  • any training activity necessary for carrying out the work performance in an agile way
  • the forms and methods of exercising trade union rights.

In the presence of a justified reason, each of the contracting parties may withdraw before the expiry of the term in the case of a fixed-term agreement, or without notice in the case of an open-ended agreement.

The possible I decline of the worker to join or carry out their work in an agile way it does not lead to dismissal for just cause or justified reason, nor is it relevant on a disciplinary level.

We remember that smart working is different from teleworking, to which the current legislative and contractual regulations continue to apply.

Where you can work in smart working

The worker is free to identify the place where to perform the service in an agile way provided that it has characteristics such as to allow the regular execution of the service, in conditions of security and confidentiality, also with specific reference to the processing of company data and information and the needs for connection with company systems.

Collective bargaining can identify places unsuitable for carrying out work in an agile way for reasons of personal safety or protection, secrecy and confidentiality of data.

Who provides the tools

Unless otherwise agreed, the employer usually supplies the technological and IT equipment necessary for carrying out the work performance in smart working, in order to ensure the worker the availability of tools that are suitable for the execution of the work and safe for access to company systems.

Safety, accidents and illness

Occupational health and safety obligations apply to agile workers and the services rendered outside the company premises, that is to say the behavioral ones, also with regard to IT technological equipment, where provided by the employer.

The agile worker has the right to protection against accidents at work and occupational diseases, dependent on risks connected with work performed outside the company premises.

Download here the complete pdf with the national protocol of agile work

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