The new rules also arrive for the private sector on smart working, the new way of working set up with the Covid emergency. The protocol signed this afternoon by the government and the social partners establishes the reference framework, the guidelines, between the social partners but also for national, company and / or territorial collective bargaining, establishing the rights and duties of workers. It starts with joining agile work on a voluntary basis, subject to the signing of an individual agreement but without prejudice to the right of withdrawal. Any refusal to join or carry out one’s 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. Furthermore, no precise working hours for those who opt for agile work but autonomy in carrying out the service within set objectives and in compliance with the organization of the activities assigned by the manager, to guarantee the operation of the company and of 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 performance. Furthermore, where the conditions are met, the use of hourly permits sanctioned by collective agreements is also envisaged, 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. work activity. The worker is also free to identify the place where he will perform the service in an agile mode provided that the same has characteristics that allow the regular execution of the service, in conditions of security and confidentiality, also with specific reference to the processing of company data and information as well as to the needs of connection 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.
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