The last days of the year are dotted with holidays which for many translate into a time to recharge their batteries. Here, but this year for those who are called to work on holidays, will anything change? In particular, will remote work produce any different phenomena than in previous years? We talked about it with Alessandro Del Ninno, university professor and expert lawyer of data protection e ICT.
The starting point to understand something more is there law 81 of 2017, that is, the one governing the agile work. According to the law, there are two fundamental aspects of this way of working: «the first is that of reaching weekly or monthly objectives without time constraints; the second is that, despite the maximum flexibility, the worker cannot be required to work beyond the minimum and maximum time limits established in the CCNL ».
The second aspect, in particular, relates to the right to disconnect that never as in recent months has it been perceived as an urgency by many workers. So much warned that «in the last few days there has been a resolution of the European Parliament, approved by the Employment Committee, on the formal recognition of the right to disconnect for EU workers. The resolution therefore commits the European Commission to adopt a specific directive on this aspect ”.
An issue deeply felt by all of us who in recent months have often found ourselves working more from home than from the office. Phone calls, emails and messages on WhatsApp arrive at any time; so we are at home, what does it cost us to answer?
But in fact this is not the case, because even within the confines of the home, our mind has a physiological need to divert attention from professional issues. This is a right also protected by law. “The worker has the right not to respond, for example, to emails outside working hours and to physically disconnect work tools such as the company PC and mobile phone”.
A discourse that also extends to holidays that, yes, we will not be able to spend in the mountains with friends, but this does not mean that they must become useful windows for dedicating ourselves to work matters. “Even during the holidays, a resource cannot be obliged to perform work which includes answering emails and phone calls”.
On the other hand, for those who, according to the agreements made with the employer, were required to work from home even on the days of the holidays at the end of the year, the same regulatory coordinates valid for work in presence apply. For the compensation, for example, in addition to the basic salary there will be that for the holiday and the surcharge for holiday overtime (if provided for by the specific collective agreement). “The salary does not change: smart working is just a different (agile) way of providing the same work performance envisaged by the contract” concludes Del Ninno.
For the other aspects you will find some more information in the gallery.
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