Law of 6 May 2021, no. 61 converting Decree Law no. 30/2020 recognised that remote workers have the right to disconnect from technological equipment and IT platforms, under any agreements signed by the parties and without prejudice to any agreed periods of availability. The exercise of the right to disconnect, which is necessary to protect the worker’s rest time and health, cannot affect the employment relationship or pay. The law establishing remote working (L. no. 81/2017) requires that the individual agreement between employer and employee must identify “the technical and organisational measures necessary to ensure the worker’s disconnection from technological work equipment.” The law establishes a worker’s right to disconnection, which is necessary to protect the worker’s rest and health and it must necessarily be regulated in the individual agreement. The legislator seems to comply with the Resolution of the European Parliament of last January. The European Commission was invited to draw up a Directive, to which the Member States will have to adapt, that guarantees remote and non-smart workers the right to disconnection.
Other related insights:
In the context of remote working, the technical and organizational measures necessary to ensure the disconnection of the worker from technological work equipment must be identified. The tools used by the remote worker to perform his or her work activity allow a constant and continuous availability and connection, not only potential but in fact, constant and continuous. Vittorio De Luca and Elena Cannone discuss this right and its implications in terms of employer responsibility for Agendadigitale.eu.
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