Law of 6 May 2021, no. 61 converting Decree Law no. 30/2020 recognised that smart workers have the right to disconnect from technological equipment and IT platforms, under any agreements signed by the parties and without prejudice to any agreed periods of availability. The exercise of the right to disconnect, which is necessary to protect the worker’s rest time and health, cannot affect the employment relationship or pay. The law establishing smart working (L. no. 81/2017) requires that the individual agreement between employer and employee must identify “the technical and organisational measures necessary to ensure the worker’s disconnection from technological work equipment.” The law establishes a worker’s right to disconnection, which is necessary to protect the worker’s rest and health and it must necessarily be regulated in the individual agreement. The legislator seems to comply with the Resolution of the European Parliament of last January. The European Commission was invited to draw up a Directive, to which the Member States will have to adapt, that guarantees smart and non-smart workers the right to disconnection.
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