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{"id":505,"date":"2022-01-05T12:00:13","date_gmt":"2022-01-05T12:00:13","guid":{"rendered":"https:\/\/simonelliemandala.it\/2022\/01\/05\/smart-working-more-agile-in-the-public-or-private-sector\/"},"modified":"2022-01-05T12:00:13","modified_gmt":"2022-01-05T12:00:13","slug":"smart-working-more-agile-in-the-public-or-private-sector","status":"publish","type":"post","link":"https:\/\/simonelliemandala.it\/en\/2022\/01\/05\/smart-working-more-agile-in-the-public-or-private-sector\/","title":{"rendered":"Smart working: more “agile” in the public or private sector?"},"content":{"rendered":"

It is one of the locutions that has also become more common in everyday language in the last two years.<\/p>\n

The governing framework for smart working<\/strong> is Law May 22, 2017 no. 81, which in Art. 18 defines so-called “agile work<\/strong>” as that mode of execution of the employment relationship having the purpose of “increasing competitiveness” and “facilitating the reconciliation of work and life time.”<\/p>\n

In the perspective of overcoming the emergency management during which (and especially in its toughest phase) the use of smart working has been one of the lifelines of the country system, the government is now trying to rationalize the use of this contractual tool by publishing the “Guidelines on the Promotion of Work-Life Time Reconciliation” for the relations of public work<\/strong>: in line with the provisions of Law 81\/2017, the performance of agile work is referred to the individual agreement with the worker to define the duration, mode, and objectives of the performance.<\/p>\n

The obligation of staff rotation is stipulated (with the tendency of prevalence of work in presence for holders of coordination and control functions, managers and heads of procedures) and the provision of suitable technological equipment to the employee also for the purpose of ensuring the confidentiality and security of the employee, establishing the prohibition of the use of the employee’s personal or domestic utilities, except in cases previously verified and authorized.<\/p>\n

Also for the private work<\/strong> the “National Protocol on Agile Work” was adopted on Dec. 07, 2021, by agreement between the Ministry of Labor and social partners, the key points of which are thevoluntary membership<\/strong> (an employee’s refusal to join or perform his or her work in agile mode does not constitute just cause or justified reason for dismissal, nor is it relevant to disciplinary matters) and the right to disconnect<\/strong>, time slot in which the worker does not provide work; as well as the worker’s right to identify the place where to perform the service in agile mode provided that the same has such characteristics as to allow the regular performance of the service, under conditions of security and confidentiality.<\/p>\n

For private employment unlike public employment, however, at least until 3\/31\/2022, it will not be necessary to produce theindividual agreement<\/strong> between employer and employee-a simplification that makes access to smart working in private employment more “agile.”
\nA specific in-depth focus will be devoted to the topic in future magazines.<\/p>\n

 <\/p>\n

Sources:<\/strong><\/p>\n