Will there be a restyling of agile work?
The issue of smart working is one of the dossiers that will be addressed in the context of the renewals of the national contracts of public employees. At present, negotiations are underway between Aran, which represents the Government, and the trade unions, precisely this dossier. The novelties will be fully operational when the new national contracts become fully operational. In fact, with the “ordinary” return in attendance, the alternative represented by agile work will once again be regulated by the individual agreement between employee and administration, as it happened before the Covid crisis.
What will be the criteria that will determine the agreement?
The administrations will be able to continue to grant the agile working mode under certain conditions. In order to keep a share of employees in agile work, it will be necessary to ensure that this choice does not compromise the provision of services to users; PAs must be equipped with technological tools (for example cloud or digital platform) that guarantee the security of information, and must provide for a plan for the disposal of arrears. The “agile” workers will be provided with computers and in general the devices needed to work.
What will the public employer have to do?
Each administration will decline these rules in its own reality, with the Integrated Plan of the PA which absorbs the Organizational Plan of agile work (Pola) and will be defined by next January 31, and providing, for “disposable” activities, that at least the 15% of employees can make use of it. In the case of the Quirinale, the Parliament and the Consulta (the “constitutional bodies”, for the “bodies of constitutional importance” (Cnel, Council of State, Court of Auditors, CSM and Supreme Defense Council) as well as for the independent Authorities, will be the individual administrations to decide how to comply with the new framework, on the basis of the autonomy referred to in article 87, paragraph 4 of Legislative Decree 18/2020 cited in the Dpcm.
Will the agreement between the employee and the PA be completed?
The individual agreement may also be for an indefinite period but will provide for the possibility of unilateral revocation without notice in the event of a “justified reason”.
What aspects will need to be addressed in the agreement?
The individual agreement must indicate the days dedicated to remote work and those in which the presence in the office is expected, establish the “methods of exercising the managerial power and control of the employer” but also “the necessary technical and organizational measures to ensure the disconnection of the worker “in the periods of the day when the work will not be able to appear.