Prepared by Marzio Scaglioni and Cristina Grassi
As known, in order to contain and manage the COVID-19 epidemiological emergency, the Italian Government has provided – since the first emergency measures adopted in recent years – the possibility for employers throughout the national territory to use the smart working in simplified mode.
Lastly, despite the expiry of the state of emergency set for 31 March, the decree-law approved by the Council of Ministers on 17 March 2022 (the so-called “Decreto Riaperture”) extended, for the private sector and until 30 June 2022, the deadline for using the simplified procedure pursuant to art. 90, paragraphs 3 and 4, of the D.L. 19 May 2020, n. 34 (article 10 and Annex B to the decree).
Consequently, smart working can be arranged by the employer even without individual agreements, as long as it is in compliance with the law. The individual smart working agreements that companies have already signed with employees and sent to the Ministry of Labor remain valid.
The extension also concerns the methods of communication to the Ministry of Labor of employees who carry out the activity in smart working: until June 30, the simplified procedure introduced during the emergency period can still be used, by communicating the names of people involved.
Finally, the disclosure obligations regarding health and safety at work can be fulfilled using the documents prepared by Inail and available on the institute’s website, documents that can be sent electronically to employees.
Employers who want to continue with smart working even after 30 June 2022 – if they have not already signed an agreement – will necessarily have to regulate it by signing an individual agreement with the interested people.
On this occasion, we would like to remind you that on 7 December 2021 the National Protocol on smart working for private employees was signed between the Ministry of Labor and the Unions, which the future collective, national and corporate and / or territorial, as well as any individual agreements will comply with.
Among the main topics, we remember:
- the subordination of the smart working to the signing of an individual agreement: the refusal of the employee to join or carry out his work in smart working does not cause a dismissal for just cause or justified reason;
- the right to disconnect: the employer is required to identify the disconnection range in which the employee does not provide the work service and to adopt specific technical and / or organizational measures to ensure that the disconnection is actually implemented;
- trade union rights: carrying out the activities in smart working does not change the individual and collective trade union rights and freedoms defined by law and collective bargaining.
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For a deeper discussion, please contact:
PwC TLS Avvocati e Commercialisti
Director