Social parties, Government, Confindustria, third sector and trade unions are now giving a structure to the major innovation given by “smart working”, the new operating method introduced following the Covid19 pandemic. The Italian Government has passed a law to regulate remote working procedures, but the profound innovation is pushing towards a faster and more adequate organisation of smart working.
Smart working modality and simplified procedure
Before the pandemic, in order to use smart working in the private sector, employers’ and employees’ only option was to sign an individual agreement. However, the need to avoid physical contacts to curb the spread of the infection and to guarantee health and safety in the workplace has moved the Government to suspend the compulsoriness of the individual agreement between employer and employee, and to establish a simplified procedure for smart working, which has now been extended until the end of July 2021, coinciding with the duration of the state of emergency.
Smart working simplified communication procedure
The simplified procedure of adoption of smart working consists in the easier procedures that the Ministry of Labour has made available in order to switch to smart working during the pandemic emergency. This information includes:
- simplified procedures for smart working modality in the private sector;
- savings for companies implementing smart working;
- savings for employees working remotely.
The most useful information for the adoption of smart working in businesses have been pointed out at THIS link. The Government has also imposed fines from 100 to 500 Euros per employee in case the employer fails to send the mandatory communication of remote working within the day prior to its beginning.
Extension of the simplified procedure for the adoption of smart working for managing human resources
The simplified procedure to implement smart working is extended until July 31st, 2021. Until that date, private employers will still be able to shift to remote work, benefiting from the simplified communication and the facilitated procedures:
- concluding a specific individual agreement with employees will not be necessary;
- workplace health and safety information duties will be deemed as fulfilled by electronic means by resorting to the documentation made available on the National Institute for Insurance against Accidents at Work (INAIL) website;
- it will be possible to follow the online simplified procedure as stated by the Ministry of Labour and Social Policies by way of derogation from article 23 Law 22 May 2017, n. 81.
Smart working after Covid
There are good reasons to believe that workplaces will be more and more used to operate according to smart working procedures. Smart working flexibility is an operating method which will be implemented well after the ceasing of the emergency state imposed by the pandemic. Hints in this direction can be taken by Minister Nunzia Cataldo’s statements: “Smart working will have to be promoted as a working method for its precious development potential. However – said the Minister – it will have to be well structured, so as not to shift from an important tool to balance life and work, to an increased burden for women, who would be forced to multiply the efforts to conciliate work commitments and family care.” Trade unions are also focusing on the right to “disconnect”, another crucial factor to be kept into consideration.
How to implement smart working in private businesses
Private companies have different ways of implementing smart working, depending on societary modifications and on how the work performance is carried out in regards to the following issues:
- confidentiality of online processed data;
- protection of confidential data;
- cybersecurity and digital protection of devices – computers, tablets, smartphones, etc used for the connection;
- remote supervision of the work performance.
On some of these issues a debate is currently taking place between the Government and representatives of social parties such as employers and employees.
Damiani&Damiani Law Firm provides advice and assistance to businesses who wish to permanently implement smart working procedures for their operations. Fill in the contact form with your request. We will provide you with online legal advice.
