Smart working PA and private individuals, Brunetta: “Maximum flexibility to stem contagions”

On smart working in the public and private sectors “we have taken an extraordinary decision”. This was declared by Renato Brunetta, Minister for Public Administration, at the end of the Council of Ministers. “The world of public work and the world of private work will adopt all the agile and remote working schemes already present within their contractual and regulatory regulations. The private sector will use maximum flexibility to guarantee safety and services and to lower the contagion curve. Public work will do the same thing. The circular, signed by me and Minister Orlando, is immediately in force to bring together the maximum efficiency of services to families and businesses with maximum safety, and with the contribution to controlling the evolution of the pandemic curve “. THE CIRCULAR The worsening of the contagions that occurred close to the holiday period and still in an ascending phase has re-proposed the need to use every useful tool to reduce the chances of the spread of the virus, including the use of agile work, which has never been interrupted but has instead been governed by a regulatory framework, in the public as well as in the private, differentiated but exhaustive ” write the ministers of the PA, Renato Brunetta and of Labor, Andrea Orlando, in a circular to promote agile work in the PA and in private work. ” In relation to this regulatory framework , informed the Council of Ministers in the session of 5 January 2022, with this document we intend to sensitize public administrations and private employers to make full use of all the flexibility tools that the related sectoral disciplines already allow and which are briefly reported hereinafter. ” PUBLIC ADMINISTRATION ” With the decree of the President of the Council of Ministers of 23 September 2021, starting from 15 October 2021 the ordinary way of carrying out work in public administrations is that carried out in presence, without prejudice to the obligation, for each of them, to ensure compliance with the health measures to contain the risk of contagion from Covid-19 ”. ” The return ‘in the presence’ of public administration personnel was immediately governed by the decree of the Minister for Public Administration of 8 October 2021, which identified the necessary conditions and requirements (organizational and individual) to use agile work in a framework of efficiency and protection of citizens’ rights to an adequate quality of services; from the ‘guidelines’ adopted after discussion with the trade unions and on which the agreement of the Unified Conference was acquired on 16 December last. The regulatory framework was finally completed, for the first time, as agreed with the trade unions in the Pact for the innovation of public work and social cohesion signed at Palazzo Chigi on 10 March 2021, by the collective agreement signed between Aran and the social partners on December 21, 2021, which has identified the characteristics, methods, limits and safeguards of agile work in the public sector ”, continues the cricule signed by Brunetta and Orlando. ” One of the main characteristics of the discipline in force today for agile work in the public administration is flexibility. Flexibility and intelligence are the main pillars on which each administration is free to organize its business, keeping the services rendered to users unchanged. Therefore, each administration can schedule agile work with a weekly, monthly or multi-monthly staff rotation with ample flexibility, also modulating it, as necessary at this particular moment, on the basis of the trend of infections, taking into account that the prevalence of work in the presence indicated in the guidelines can also be achieved in the average of multi-monthly programming ”. ” In summary, each administration can balance the relationship between presence and agile work according to the organizational methods most congenial to their situation, taking into account the epidemiological trend in the short and medium term, and the contingencies that may affect their employees (as in the case of short quarantines from contacts with subjects positive to coronavirus). ” PRIVATE On agile work in private work, the Brunetta-Orlando circular emphasizes that ” carrying out the work performance in an agile way immediately represented an e effective tool to stem the spread of the virus and contain negative economic effects. In this sense, the Government has intervened with emergency disciplines aimed at facilitating its use as much as possible, including through derogations and simplifications, promoting its use also in the “Protocols of measures to combat and contain the spread of the SARS-CoV2 virus / Covid-19 in the workplace “, signed on March 14 and April 24, 2020 and updated on April 6, 2021, in agreement with employers and trade unions ”. ” The legislation was consolidated with Article 90 of the law decree of 19 May 2020, n. 34, converted with modification by law 17 July 2020 n. 77 which allowed the possibility of resorting to agile work with simplified methods, without the individual agreement between the company and the individual employee and with electronic and massive notification to the Ministry of Labor and Social Policies ”. decree-law 22 April 2021, n. 52, converted by law June 17, 2021, n. 97, had moved the terms first from 30 April 2021 to 31 July 2021 and then to December 2021, was extended to 31 March 2022 by the decree-law 24 December 2021 n. 221. Therefore, until March 31, 2022, the modalities of communication of agile work remain those provided for by article 90, paragraphs 3 and 4, of the decree-law of May 19, 2020, n. 34, converted with modification by law 17 July 2020, n. 77 ”. ” Therefore, in summary, the agile working method can be applied to any subordinate employment relationship even in the absence of individual agreements and the disclosure obligations regarding safety in the workplace referred to in Article 22 of the law n. 81 of 2017 can be discharged electronically, also by resorting to the documentation made available on the website of the National Insurance Institute for accidents at work. Furthermore, private employers communicate to the Ministry of Labor and Social Policies and, electronically, the names of the workers as well as the start and termination date of the work performance in an agile way, using the simplified procedure with the forms and the computer application made available on the website of the Ministry of Labor and Social Policies ”.