You work on the National Protocol on Agile Work in the Private Sector, on the table of the new meeting between the ministry and the social partners. The Protocol sets the reference framework for smart working with the guidelines for bargaining.
Hypothesis of signing an individual agreement
According to a first draft, themembership on a voluntary basis and subject to the signing of an individual agreement (not required during the state of emergency), indicating the time, l’alternation between periods in presence and at a distance, the work tools, i disconnection times and guaranteeing equal rights and treatment for the agile worker. The individual agreement on smart working between employer and employee must indicate the duration of the agreement, the alternation between periods of work inside and outside the office, any places excluded for the performance of the service, work tools, rest times and performance control methods.
There is no precise working time with smart working
It will also be necessary to indicate the training activity that may be necessary for carrying out the work in an agile way. The working day carried out in an agile way – reads the draft delivered to the social partners – is characterized by the absence of a precise working time and by the autonomy in carrying out the service. It identifies the disconnect band in which the worker does not provide the work performance. Hourly permits provided for by collective agreements and those provided for by law 104 can be requested, but overtime is not envisaged.
The employer provides the technological and IT equipment
In case of illness, vacation or accident the worker can deactivate his own connection devices and, in the event of receiving company communications, he is in any case not obliged to take them in charge before the planned resumption of work. Unless otherwise agreed, the employer, as a rule, provides the technological and IT equipment necessary to carry out the work performance in an agile way and the costs of maintenance and replacement of the equipment supplied by the employer are at his expense. The service carried out in an agile work mode must be carried out exclusively in suitable environments, in accordance with current legislation on health and safety and due to the need for confidentiality of the data processed. The agile worker has the right to protection against accidents at work and occupational diseases, dependent on risks connected with the work performed outside the company premises. In fact, each agile worker has the right, with respect to workers who perform the same tasks exclusively within the company premises, to the same overall economic and regulatory treatment applied, also with reference to performance bonuses. The social partners undertake to facilitate access to agile work for workers in conditions of fragility and disability.
The signing of the protocol within a month?
The protocol on smart working in the private sector, once the emergency phase is over, could be signed by the end of the month: this is the hope expressed by the Minister of Labor, Andrea Orlando in today’s meeting with the social partners in which a draft agreement was presented. You learn this from meeting attendees.
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