Omicron variant and smart working, Costa: “Reflection must be done”

Is smart working a weapon against the Omicron variant? The increase in infections brings to the fore the debate on whether to make more extensive use of agile work, now defined by rules agreed between the government and the social partners. “Smart working is an evaluation that we absolutely must make. There was a moment when returning to work in person was in my opinion an important signal of a return to normality that the country needed”, says the undersecretary of Greetings Andrea Costa, who spoke today on ‘Radio 24’. “But objectively, faced with this variant that is spreading much more rapidly, I think it is reasonable to reflect and, where smart working can represent an opportunity, I believe that we must consider the possibility of doing it again, in some specific sectors where it does not jeopardize the continuity of services “, he adds. Should smart working also be evaluated for the public sector? “I believe that a reflection must be made in this respect and that within this variegated way there may be situations where it can be a measure to contrast the spread of the virus”, concludes Costa. SMART WORKING AND PRIVATE WORK – After the spring 2020 emergency, the smart working framework was at the center of a discussion that recently led to the launch of a protocol signed by the government and social partners. The document establishes the reference framework, the guidelines, between the social partners but also for national, company and / or territorial collective bargaining by establishing the rights and duties of workers. subject to the signing of an individual agreement but without prejudice to the right of withdrawal. Any refusal to join or carry out their work in an agile way does not in fact integrate the details of the dismissal for just cause or justified reason, nor is it relevant on a disciplinary level. performance of the service within the established objectives and in compliance with the organization of the activities assigned by the manager, to guarantee the company’s operations and the interconnection between the various company functions. However, this does not prevent agile work from being linked to time slots, identifying, in any case, the disconnection band in which the worker does not provide the work service. hours sanctioned by collective agreements while overtime work cannot be provided for and authorized. In cases of so-called legitimate absences (from illness to accidents, from paid leave to holidays), the worker can deactivate their connection devices and, in the event of receiving company communications, they are not obliged to take them in charge before the scheduled resumption. The worker is also free to identify the place where he will perform the service in an agile mode provided that it has characteristics such as to allow the regular execution of the service, in conditions of security and confidentiality, also with specific reference to the processing of data and company information as well as the connection needs with company systems. In this sense, collective bargaining can identify places unsuitable for carrying out work in an agile way for reasons of personal safety or protection, secrecy and confidentiality of data.