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Simplified smart working, extension until December 31st for private company employees


Smart working extended until 31 December for employees of private companies. The rules governing agile work since the emergency broke out Covid, currently in force until 31 July after various extensions launched in recent months, will be extended again for the whole of 2021. The extension will take place with an amendment to reopening decree, currently undergoing conversion in the Chamber, agreed by the majority and developed by the technicians of the Ministry of Labor. The government had already pledged to postpone the deadline to September 30, but now the extension will be another three months until December.

The rules. The simplified regime, used in these months of emergency due to the pandemic, allows companies to activate the remote working mode without the need for an individual agreement with the employee, as required by the law in normal times.


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Smart working, public administration: the 50% threshold reduced from May

Remotely in 5 million. In Italy, according to the estimates of the Smart Working Observatory, the number of remote workers has already exceeded 5 million, compared to 570 thousand in 2019, rising from 8% to 40% of employment relationships. One of the most impressive leaps in Europe also due to the Italian pre-pandemic low propensity to work remotely, with the Peninsula that in 2015 was even last in the European ranking for the percentage of workers with agile work agreements. On average in Europe the share of those who started working from home due to Covid-19 is 37%, with peaks over 50% in countries such as Finland, Luxembourg, Belgium and the Netherlands where smart working was already well run in before the pandemic.

The emergency. According to Inapp data cited by the Sole 24 Ore at the moment over 5 million workers are in agile work. A ‘structural’ introduction of smart working – reports a study by Fondirigenti – could lead to a new working week model with 2.6 days in attendance and the remaining 2.4 at a distance. Finally, a Eurispes report notes that almost half of the workers (49%) have done so in smart working since the beginning of the health emergency: 22.8% always or for a long period, 26.2% occasionally or with shifts for a short period. 4.9% of respondents say they already worked in this mode before the pandemic, while 46.1% respond negatively.

The state. As for the employees of the Public Administration, the Extensions decree provides that “until the definition of the discipline of agile work by collective agreements, where provided, and in any case no later than 31 December 2021, the Public Administrations organize the work of employees and the provision of services through the flexibility of working hours work, reviewing the daily and weekly articulation, introducing modalities of programmed dialogue, also through digital solutions and not in presence with users, applying agile work in a simplified way “.

Eurispes 2021: 53% of workers would like to continue in smart working

The obligations. The decree also established that smart working in the PA will be able to continue without the obligation for public administrations to keep at least half of the personnel in agile work until the definition of its discipline in the collective agreements of the public employment. Furthermore, the agile work plans (Pola) for each administration to be adopted by January 31 of each year, will no longer have to guarantee smart working for 60% but for 15% of potential workers. Finally, the minimum threshold in the event of failure to adopt the organizational plans falls from 30% to 15%.

The comparison. “Smart working is a novelty that will become a constant and the use of this tool will grow – said the Minister of Labor Andrea Orlando -. I believe that we must start by confronting the social partners in a general framework agreement, with some limits set by the law. I do not think that a detailed discipline should be done, much must be left to the bargaining between the social partners, however some points such as the right to disconnect and the guarantee that work takes place safely, the security of information circulating through the cause of smartworking must be governed in some way by legislation – continued the minister -. For this reason we have started a discussion with the social partners and we have activated a group of experts who will give us indications in this direction. It will be important to understand the balance point after the pandemic, how much will be the use. Much will have to be disciplined with company bargaining, not all companies will use it in the same way. We must give the framework within which to develop the bargaining and the times can only be those of the next few months ».

Simplification. Smart woking «I believe should be made structural, with a great deal of attention to fragile workers. It must therefore be implemented, improved, simplified for companies with an eye to the psychological protection of the worker ”, said the Undersecretary for Labor, Tiziana Nisini. «I believe – he continued – that it was an important measure that helped a lot, but some precautions are needed. Especially for women who have found themselves with a double job, with family occupations to carry on, ”she concluded.

The agreement. «I am not opposed to a new extension until the end of the year of the emergency legislation on agile work – underlined the secretary of the CGIL, Tania Scacchetti -. However, these extra months must be used to put the management of this profound transformation in the way of working back at the center of collective bargaining. In any case, when we leave the emergency rules, the obligation of the individual agreement must be restored».

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