Smart working

da Jane Elisabeth Cassoli | 7 Nov, 19 | Uncategorized | automazione

Reconcile, innovate, compete: smart working

The term 'smart working' refers to the better known agile work, i.e. an alternative form of subordinate work, without time or space constraints and characterised by a high degree of flexibility. The main feature is the use by the employee of technological tools (PC, tablet, smatphone) provided by the employer, which allow him/her to

to work remotely.

The adoption of smart working requires the fulfilment of the communication obligation:

the (written) agreement concluded between the employer and the employee must be sent electronically to the platform provided for this purpose

by the Ministry of Labour and Social Policy.

The agreement must contain the following provisions:

the duration of the relationship, which may be indefinite or fixed-term, must be included in the contract;
the regulation of the performance of work outside company premises;
indication of the technological tools used by the worker;
notice of termination, which may be requested by either party, with 30 days' notice for agreements of indefinite duration and/or in the presence of a just cause.
The agreement must state the monitoring arrangements and the disciplinary sanctions to which the defaulting or negligent worker may be subject.

Limits and duties of the employer

It is worth remembering that smart working is an employment relationship with a degree of flexibility that is difficult to match, but that does not mean that it deserves to be treated differently from an ordinary salaried employment relationship. In fact, the employer has a duty to apply the same regulatory and salary treatment as his colleagues. This means that, even if it is a flexible working time relationship, the rules on working time must still be respected and, even if the smart worker is not physically present on company premises, the worker has the right to adequate health and safety protection, a matter on which Inail does not compromise.