Implementing provisions on “Smart-working” employment activity for management of “Coronavirus” emergency

Prepared by Marzio Scaglioni and Davide Poli

Referring to the «Coronavirus» current emergency in Italy, the relevant authorities have significantly simplified the temporary access to the regulation of smart working activities.

It has been published on the Official Gazette no. 47 of 25 February 2020, the Prime Ministerial Decree of 25 February 2020, aimed at arranging new and further implementing provisions of law decree no. 06 of 23 February 2020, containing “Urgent measures for the containment and management of the epidemiological emergency from COVID-19”.

Few days after the publication of the Prime Ministerial Decree of 23 February 2020, the original provisions for “liberalization” of the performance of the working activity in an “smart working” way are therefore reviewed, with the express repeal of art. 3 of the previous Decree (which limited this provision to only workers residing in the so-called “red zone“, i.e. the Municipalities epicenter of the contagion in Italy).

According to the latest provisions, therefore, the “smart working” method (articles 18-23, law no. 81/2017) may be applied, provisionally and only until March 15, 2020 (unless further extensions), for all employers with registered office and / or operational in the Regions of Emilia Romagna, Friuli Venezia Giulia, Lombardy, Piedmont, Veneto and Liguria and for workers residing or domiciled therein who work outside these territories, at any subordinate employment relationship even in the absence of the individual agreements envisaged .

The employers concerned may therefore omit to sign individual smart working agreements with each employee interested in, limiting themselves to preparing a simple unilateral self-certification which indicates the personal data of the worker involved and the start and end date of the activated smart working period.

This self-certification will in any case be filed electronically through the application made available by the Ministry of Labor.