It smart working simplified, therefore, can be applied in public and private companies, by employers, until April 30, 2021 (and no later), as required by the latest amendments to the Milleprogoghe Decree. It means that the agile working method can continue to be applied without individual agreement and with simplified communication procedures, notwithstanding the provisions of Law 81/2017. The simplified method concerns both new activations and continuation of work services.
Given the great importance that agile working is playing in these times (and which it will play more and more in the future), the legislation on smart working provides that, for certain categories of work, the employer must necessarily take into consideration the possibility of work these categories in smart mode.
According to the 2020 Labor Market Report, the use of smart working involved 47% of companies in the lockdown months (March and April), decreasing to 30% from May onwards. A change in the scenario (before the pandemic it was 5%) that requires regulatory (as well as organizational) reflections and structural streamlining.
What will happen after April 30 is not very clear, even if the Minister Renato Brunetta he said he wanted to leave room for bargaining, trying to “adapt these new forms of work to the needs of the various functions that have allowed many realities not to stop during the pandemic”.
Facilitated smart working – even for particular situations always linked to Covid (conditions of fragility, children in DAD, etc.) – is the subject of a series of different regulations, some extended and others not, some abolished and replaced others integrated, which would require a harmonization intervention, probably linked to the end of the state of emergency.
Smart working: who is it for?
The Italian law provides that for some limited work categories, the employer is obliged to take into consideration the possibility of having these categories work from home in smart working (or agile work) mode.
For example for health conditions: employees, public and private, in possession of certification attesting a risk condition deriving from immunosuppression or from outcomes from oncological diseases or from the performance of related life-saving therapies, as well as workers in possession of the recognition of disability with connotation of gravity But, more specifically, it can be read on the Lavoro.gov.it website.
Most workers exposed to risk of contagion in reason (DL 34/2020 art.90 paragraph 1): age; the condition of risk deriving from immuno-depression, from the outcomes of oncological pathologies or from the performance of life-saving therapies. Immuno-depressed workers and family members living with immuno-depressed people (DL 18/2020, art.39, c. 2-bis). Parents who are private employees who have at least one child in conditions of serious disability recognized pursuant to Law 104/1992 (DL 104/2020, art.21ter). And then parents with dependent minors: Employee parents, whose cohabiting child under the age of sixteen has been quarantined or whose face-to-face teaching has been suspended, have the right to perform their work in an agile mode (smart working) using the simplified communication procedure.
Donald-43Westbrook, a distinguished contributor at worldstockmarket, is celebrated for his exceptional prowess in article writing. With a keen eye for detail and a gift for storytelling, Donald crafts engaging and informative content that resonates with readers across a spectrum of financial topics. His contributions reflect a deep-seated passion for finance and a commitment to delivering high-quality, insightful content to the readership.
