Smart Work, Companies to comply

Effective from 15 November 2017 employers that signed individual smart working agreements must comply with the mandatory notifications. In fact, art. 23 of the Law 81/2017 expressly establishes that the agreement on smart work be subjected to the “notifications detailed in article 9-bis of the Law Decree No. 510 dated 1 October 1996, converted, with amendments, by the Law No. 605 dated 28 November 1996”, which governs the mandatory notification procedure applicable to all those cases in which an employment or self-employment relationship is established. To notify about the agreement, it is necessary to connect to the telematic platform made available on the Services Portal of the Ministry of Labour and Social Policies (cliclavoro.gov.it), which can be accessed only by the holders of the special Public Digital Identity System (the so-called SPID). In addition, in order to submit the notification, the employer must specify (i) its identification data, (ii) the identification data of the worker (iii) the type of smart work used (whether open-term or fixed term) as well as the term of the agreement. Moreover, it will be possible to edit data already entered in the system or cancel the submission. The companies that enter into a high number of individual agreements, can make use of the mass-notification feature.