Smart working: what is to know about the new law

 In news and events, startup

Finally, Italy has a law that regulates exhaustively the cd. “Smart working” (Law 81 of 22 May 2017, following a 15-month journey that he had from his The specific purpose of regulating an empirical phenomenon that is already widespread and evident in growth, with the aim of developing efficiency and productivity, without however neglecting the security of the lender.

First of all, we need to clarify what is meant by “smart working”; This term refers to a specific way of executing the subordinate employment relationship (whether it be a private or a PA), whereby the lender may perform his or her performance with lesser constraints on time and Workplace, being able to fulfill its obligation without precise time constraints (but in any case respecting the limits set by law and collective autonomy) and, in part, in premises located outside the business perimeter without the use of a Fixed station.

This particular manner of execution of the employment contract must necessarily be agreed between the parties by a special agreement in writing (at probationem as well as for the purpose of its administrative regularity); It can not provide for an overall economic and regulatory treatment lower than that provided for by collective bargaining agreements of the same type performed exclusively within the premises of the company. This agreement also governs the arrangements for controlling the work performance (which, in the present case, may undoubtedly present particulars, although they must in any case be in line with the provisions of 300/70), also identifying the sealed pipes Outside the business premises that may give rise to disciplinary sanctions.

The agile employment relationship may be of indefinite duration (and in this case there is a requirement for notice of withdrawal of at least 30 days, extending to 90 for disabled workers), which is determined; In any case, if the withdrawal is based on a justified reason, it is possible to terminate the report before the expiry of the term or, in the case of an indefinite period of time, without prior notice.

Particular attention has been paid by the legislator to the worker’s safety, given the peculiar circumstances of the place in which he is required to operate: the employer is obliged to hand over to the employee and the worker’s representative for safety, with cadence At least annually, a disclosure containing general and specific risks related to the particular performance of the performance. Additionally, the worker must cooperate for the implementation of the preventive measures prepared by the employer for the time he will operate outside the premises of the company.

Lastly, it should be remembered that the law provides, as an additional safeguard for the “agile worker”, that the latter must be insured against accidents at work and occupational diseases which are dependent on the risks associated with the outside performance of the business area, The right to protection against claims “on the road” (ie on the way back and forth between your home and the place where your business will be outside of the business premises)

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