Right to disconnect, work organization without a specific timetable, trade union rights remotely, work tools provided by the employer and then guarantees of safety, equal pay, between genders and training even in presence. These are some of the main points of the guiding agreement for smart working in the private sector, reached between the social partners and the Ministry of Labor led by Andrea Orlando.
Adherence to agile work, says the Protocol, must take place only on a voluntary basis and is subject to the signing of an individual agreement. Any refusal of the smart working worker does not integrate the details of the dismissal for just cause or justified reason, nor is it relevant on a disciplinary level
Basically, the start of agile work in the private sector requires the stipulation in writing of the individual agreement which must provide for: the duration of the agreement (term or indefinite), the alternation between periods of internal and ‘outside the company premises; any places excluded for the performance of work outside the company premises; work tools; the worker’s rest times and the technical and / or organizational measures necessary to ensure disconnection; the forms and methods of control of work performance outside the company premises, any necessary training activity, the forms and methods of exercising trade union rights.
“We believe that the reference to collective agreements and the individual agreement – which will have to regulate smart working on the basis of the guidelines – and the introduction of public incentives for the promotion of bargaining and for the training of employees are positive. Incentives that should also be extended to self-employed workers who will adopt smart working for their employees ”, says Confesercenti. “Agile work is well regulated only if collective bargaining is assigned a special normative function. In this perspective, we believe that the decision to promote dialogue between the social partners to reach intersectoral guidelines that refer the details of some aspects to the collective bargaining signed by the most representative organizations is positive. The commitment to a clear simplification of the reporting obligations for businesses is also certainly useful. However, there remains the need for an extension of the ‘simplified’ mode of access to smart working, launched with the pandemic and expiring on 31 December: an intervention is needed to clarify what happens after this date “.