“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:
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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.
Law no. 77/2020 has amended Article 90, Paragraph 1 related to “Decreto Rilancio” with reference to Remote Working and it has envisaged that until the end of the epidemiological emergency from COVID-19, the right to carry out remote working is recognized, based on the assessments of doctors competent, even to workers most exposed to the risk of contagion from SARS-CoV-2 virus, due to:
Moreover, even if until July 31, 2020, it is possible to activate the remote working in the simplified variant for COVID-19 without the individual agreement with the employee, it must be considered very useful to provide in any case an individual agreement in order to discipline, for example: (i) the control power of the employer, (ii) certain profiles related to the use of IT tools that have obvious privacy implications, (iii) the so-called right to disconnect (the times of non-work, of unavailability).
Continue here to read the full version of the article (in Italian).
Source: Guida al Lavoro
The COVID-19 emergency has awakened interest in remote or agile working, with the aim of limiting the spread of the virus and ensuring business continuity,.
In the emergency phase a simplified mode of remote working has been introduced: until the end of the epidemiological state of emergency, the remote working may be activated even in the absence of individual agreements.
If, therefore, there is no extension related to the emergency situation and the connected use of the simplified mode of agile work, after 31 July, it will be necessary to switch from the emergency remote-working to the ordinary one regulated by Legislative Decree no. 81/2017.
In addition, with the overcoming of the emergency phase, it is to be hoped that remote working recover the original spirit aimed at increasing competitiveness and a greater possibility of reconciliation of life and work.
Continue here to read the full version of the article in Italian language.
Source: Agendadigitale.eu
De Luca & Partners, for the special Guida al Lavoro (Employment Guide), describes the legalities of remote or agile working,
The Guida al Lavoro special offers an overview of the legislation and case law related to remote working as well as an interesting point for reflection on critical issues connected with remote working, an employment procedure that will become increasingly widespread in coming months and a form taken from the database of IlSole24Ore.
Continue to read the full version of the contribution (in Italian).
The tools used by the remote worker (e.g. laptops and smartphones) to perform their work allow a constant and continuous availability and connection, not only potential but in fact, constant and continuous. And this would risk to compromise the balance between professional and private life which is one of the requirements of remote work.
The right of disconnection is part of this framework, according to which the worker must be protected by a potential permanent connection.
Vittorio De Luca and Elena Cannone examine the agreements and rules that guarantee this increasingly fundamental right in the light of the growing use of remote working.
Continue here to read the full version of the article in Italian language.
Source: Agendadigitale.eu
