Working parents and employees with at least one child under the age of 14 may still be entitled to perform the service in agile mode,
Lo smart working is extended until 31 December for fragile workers and parents with children up to 14 years old only in the private sector. This is foreseen by an amendment to the labor decree, which was approved by the Senate Social Affairs Commission during the discussion on Thursday 8 June. To report it is Paola Mancini (FdI), rapporteur of the provision. As for the public sector, “an in-depth study” is still in progress – report parliamentary sources – so as to verify that the necessary coverage is available. The arrival and discussion in the Chamber of the decree is scheduled for the following day.
The extension in private
In the private sector, therefore, working parents and employees with at least one child under the age of 14 may still have the right to perform the service in agile mode, even in the absence of individual agreements and with the only obligation on the part of the employer to fulfill the information obligations set forth in articles 18 to 23 of law 81/2017 provided that:
– in the household there is no other parent who is a beneficiary of income support instruments, in the event of suspension or cessation of work;
– there is no non-working/working parent;
– that this modality is compatible with the characteristics of the service
Coverage problem in the private sector
The issues that remain to be resolved are: the possibility of extending smart working also for the public sectorthe possible exemption of fringe benefits also from social security contributions and the deduction for the hiring of carers, on which the opinion of the Budget Committee is awaited. At the end of the examination of the measure, the commission will vote on the mandate for the rapporteur, while the arrival of the decree in the Chamber is scheduled for Wednesday 14 June. According to the calculations of the General State Accounting Office, around thirty million would be needed, above all to cover the fragile workers of the school. Male and female professors, mostly, who can’t go to work because they would risk their health.
Individual agreements
If there were no further legislative interventions between now and June 30 to extend the possibility of using smart working for fragile workers, the latter should generally return to face-to-face work. Or rather, the use of smart working it would be regulated, as is already the case for other workers, exclusively by individual agreements between public administration (or company) and workers, according to the provisions of law 81/2017 and the national protocol working in agile mode.