The public administration that wants to do smart working must guarantee “the invariance of the services provided to users” but also “an adequate rotation of the personnel authorized to provide agile work, while ensuring the prevalence of work in presence for each worker” . This can be read in the guidelines presented today by the Minister of Public Administration Renato Brunetta to the trade unions. It is therefore not possible to do agile work five days a week but must alternate it with work in the office.
In no case may a personal or domestic account of the employee be used for ordinary service activities. «It is necessary to provide the worker with suitable technological equipment. Only the internet connection provided by the employer can be used to access the applications of one’s own institution ».
Therefore, “the adoption of appropriate technological tools suitable for guaranteeing the absolute confidentiality of the data and information processed during the performance of agile work must be ensured”. “In no case – it says – can a personal or domestic user of the employee be used for ordinary service activities”.
The public smart working worker will also be entitled to a consecutive daily rest period of no less than 11 hours for the recovery of psychophysical energies as foreseen by the contract for face-to-face work. This is clarified by the guidelines presented today by the Minister of Public Administration, Renato Brunetta on the range of inoperability or disconnection. The document reminds that the work performance in agile mode is carried out without a time constraint within the maximum daily and weekly working hours established by the CCNL. The worker can request, where the relevant conditions are met, the use of the hourly permits provided for by collective agreements or by law such as permits for particular personal or family reasons, trade union permits and those of law 104.
On the days when smart working is carried out – it is clarified “it is not possible to carry out overtime work, travel, disadvantaged work, work carried out in risky conditions”. In the event of problems of a technical and / or IT nature, and in any case of malfunctioning of the IT systems, if the performance of remote work is impeded or significantly slowed down, the employee is required to promptly inform his / her manager. . If these problems make work temporarily impossible or unsafe, the administration can call the employee to work in presence. For unexpected service needs, the employee in agile work can be called back to the office at least the day before. The return to service does not imply the right to recover the unused days of agile work.
The Minister of Public Administration Renato Brunetta: “Today’s confrontation was necessary – he said – because, pending the definition of renewals and therefore the regulation of agile work in contracts, but also the approval of the Plans by January 31 integrated activities and organization (Piao), we think it is useful for the 32 thousand Italian administrations to be able to count on guidelines on smart working that anticipate what will be foreseen in the contracts. Guidelines on which we ask for your comments and which we will then send to the Unified Conference ».