Remote working has exponentially increased due to the Covid-19 health emergency that started in 2020.
The advantages and potential of this work method, forcibly experienced at a mass level during the pandemic, oriented many companies towards a new “hybrid” organisation that combines in-person and remote work.
Many companies have applied a more flexible organisation that allows workers to choose when to work in-person or remotely, making their space and time boundaries more fluid.
Considering the complex emergent regulatory framework, proper remote working conduct in the post-pandemic era becomes crucial. It needs to be understood that “remote” working does not mean working “from home.” Remote working, as defined by Chapter II of Law no. 81/2017 is a specific and flexible way of organising employment, independent of the workplace and time, and established by agreement between the parties. Under Art. 18, paragraph 1 of the above law, the employee works partly inside the company’s premises and partly outside, without a fixed location.
Remote working requires a fixed term or open-ended agreement between the employer and employee to regulate essential aspects, such as: (i) the forms of exercise of the employer’s executive and control powers; (ii) the worker’s rest time and the technical and organisational measures necessary to ensure the worker’s right to disconnection from the technological work tools; (iii) any conduct that may be sanctioned at a disciplinary level and, (iv) any right to lifelong learning.
Last year’s emergency legislation has led to a partial derogation from the ordinary rules by introducing a “simplified” method to access remote working. Under this method, remote working can be implemented without an individual worker agreement by sending an electronic communication to the Ministry of Labour and Social Policy with the workers’ names and remote working termination date.
The regulations include obligations to provide information on occupational health and safety risks under art. 22 of Law no. 81/2017 which may be fulfilled electronically. Currently, private employers can use simplified remote working until 31 December 2021 under Law no. 87/2021 converting into law Decree-Law no. 52/2021 ( Reopening Decree).
Please note that the “emergency” remote working regulations have led to a derogation – which is close to expiry. This derogation applies to the agreement between the parties, and does mean losing the need to regulate and guarantee a series of aspects that are naturally governed in the agreement. Specifically these include “work performance”, “forms of exercise of the employer’s executive power, “tools used by the worker”; “worker’s rest time”; “technical and organisational measures necessary to ensure the worker’s disconnection from the work technological tools”; “right to lifelong learning”; “exercise of the employer’s control power”; “conduct connected with the work performance…, which give rise to the application of disciplinary sanctions” (art. 18, 19, 20 and 21 L no. 81/2017).
Continue reading the full version published on Il Quotidiano del Lavoro of Il Sole 24 Ore.
Decree Law no. 146 (so – called “Tax Decree “) has just been published in the Official Gazette n. 252 of 21 October 2021.
Below the main labour-related provisions:
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Partners and Associates of the Law Firm De Luca & Partners are available for any further information.
“It is essential that Companies ensure the proper implementation of remote working during the current emergency phase and in the post-pandemic era. This is only possible by preparing a “remote working plan” centred on two factors – the Individual Agreement and the Framework Regulation.”
“Companies resorting to remote working must consider the related privacy aspects. They must adopt technical and organisational measures to protect the remote worker’s data and the security of the company’s information assets.
This is what Vittorio De Luca and Elena Cannone said as speakers at the webinar organised by Il Sole 24 Ore “Remote working and returning to work: post-emergency considerations.”
The topics discussed were:
Please fill in the form below to request the in-depth slides.
Institutional greetings
Eraldo Minella General Manager Area
Professional Services, Gruppo24ORE
Lawyer Vittorio De Luca – Managing Partner De Luca & Partners – Il Sole 24ORE Expert
Lawyer Elena Cannone – Managing Associate De Luca & Partners
I. REMORT WORKING):
– the origin of remote working
– differences with teleworking
– the remote working regulations
– emergency remote working (including remote working and green pass)
– who is a remote worker?
– health and safety at work
– the remote worker’s accident
– Framework regulation on remote working
– remote working and data protection and privacy
– incentive systems
II. THE RIGHT TO DISCONNECT
III. PRACTICAL CASES
Remote working has had an exponential increase due to the Covid-19 health emergency which started in 2020. Remote working has gone from being a tool designed to increase productivity and improve the “work-life balance” to a fundamental tool for containing the pandemic wave and reduce the risk of virus transmission in the workplace.
The advantages and potential of this method have oriented many companies towards a new “hybrid” organisation that combines in-person and remote working.
Many companies have applied a more flexible agreements and regulations that allows workers to choose when to work in-person or remotely, making their space and time boundaries more fluid.
Considering the complex emergent regulatory framework, proper remote working conduct becomes crucial. It needs to be understood that “remote” working does not mean working “from home.” Under art. 18, paragraph 1 of Law no. 81/2017, the remote worker, works partly inside company premises and partly outside, without a fixed location.
In the post-pandemic scenario, to make the most of the “new normal“, companies must prepare a “Remote Working plan” focused on the individual agreement between the parties and framework regulations which govern its use.
Read our DLP Insights on this topic.
Decree Law No. 127 of September 21, 2021 (hereinafter, “Decree“), in force since September 22, has introduced the COVID-19 Green Certification obligation (hereinafter, “Green pass”) to all workers in the public and private sectors.
In particular, from October 15, 2021, through December 31, 2021 (the current end of the “state of emergency”), “anyone carrying out a work activity (…) is obliged, for the purposes of access to the places where the activity is carried out, to possess and exhibit, upon request, the COVID-19 Green Certification“. The obligation concerns all those who, for any reason, carry out their work or training or voluntary activities in workplaces, including on the strength of external contracts.
Green pass controls require employers, to:
before October 15, 2021:
from October 15, 2021 to December 31, 2021:
Violation of the above-mentioned obligations may result in the application of administrative sanctions to both employers and workers.
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Partners and Associates of the Law Firm De Luca & Partners are available for any further information.
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Click here to request the Slides of our recent HR Virtual Breakfast “The return to the company with the Green pass obligation: problems and perspectives“.
Green Pass in the workplace: decree published in the Official Gazette.
The decree-law that requires to possess and exhibit Covid-19 green certification to access workplaces from 15 October 2021 until 31 December has come into force.
Focus:
With more than 100 participants, the HR Virtual Breakfast organised by De Luca & Partners last 23 September registered considerable interest in the hot topic of the Green Pass: a highly topical issue that worries many employers today.
The meeting, conducted digitally using the Zoom platform, featured talks by Vittorio De Luca, Managing Partner of De Luca & Partners, and Elena Cannone, Managing Associate and Compliance Focus Team Leader at De Luca & Partners.
Several key topics were discussed, resulting in a rich and participative debate.
Speakers Vittorio De Luca and Elena Cannone looked at compliance, obligations and responsibilities, and issues related to introducing the mandatory Green Pass.
15 October is just around the corner, but is your company ready?
If you have doubts and want to learn more, request the slides here by filling out the form below.
