Rome – We are moving towards an agreement between the Government and the social partners on smart working in the private sector outside the emergency phase. The Minister of Labor, Andrea Orlando, asked the parties to make their observations on the draft presented today and then look for it a final agreement by the end of next week, or by December 3rd.
New agile work outside the emergency phase will be possible with a individual agreement between employer and employee in which the duration of this working method will be indicated, the alternation between the periods of work inside and outside the office, the places possibly excluded for the performance of the service, the working tools, the rest times and the methods of control. You will also have to indicate – according to the draft you are working on – any necessary training activity for the performance of work in an agile way.
The working day carried out in agile mode will be characterized byabsence of a specific working hours and for the autonomy in the performance of the work by the worker, but the disconnection band will be identified in which the worker does not provide the work service. It will be possible to ask for the hourly permits provided for by collective agreements and those provided for by law 104 but there will be no overtime. In the event of illness, vacation or accident, the worker can deactivate his connection devices and, in the event of receiving company communications, he will not be obliged to take them in charge before the planned resumption of work.
The technological instrumentation and information technology necessary to carry out the work performance in an agile way it will be provided by the employer who will also bear the costs of maintenance and replacement of the equipment supplied. Any damage attributable to negligent behavior on the part of the worker will be charged to him. The service carried out in an agile work mode must be carried out exclusively in environments suitable for both health and safety and for the need for confidentiality of the data processed.
The agile worker will have the right to protection against accidents at work and occupational diseases, dependent on risks associated with the work performed outside the company premises. The agile worker will have the right to the same economic and regulatory treatment as workers who perform the same duties exclusively within the company premises, also with regard to result prizes.
The trade unions rate the draft positively with the CGIL which positively emphasizes the role of bargaining and talks to the confederal secretary Tania Scacchetti about a “good balance in the discussion”. “We believe that the text – affirms the confederal secretary Uil Tiziana Bocchi – represents a point of balance between the various requests, especially where there is a reference to collective bargaining, which has already identified innovative paths and solutions in recent months”.
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