By Law converting, with amendments, Decree-Law no. 48/2023 – (the ‘Employment Decree’ (‘Decreto Lavoro’)) containing ‘Urgent measures for social inclusion and access to the workplace’ – which has been approved by the Italian parliament and is currently scheduled to be published in the Italian Official Gazette (“Conversion Law“) – the right to remote working will be extended:
- until September 30th, 2023, for employees considered ‘vulnerable’ since they are affected by the sicknesses and conditions identified by the Decree of the Minister of Health, February 4th, 2022. Concerning these categories of employees, it is provided that the employer is required to ensure the work performance remotely, also through the assignment to a different job without any reduction of the salary and without prejudice to the application of any more favorable provisions set out in the relevant national collective bargaining agreement (contratto collettivo nazionale di lavoro, ‘CCNL’).
It should be noted that the above-mentioned Decree of the Minister of Health, February 4th, 2022 – converted, with amendments, by Law no. 11 of February 18th, 2022 – identifies the conditions of the subject and the chronic pathologies with low clinical compensation and with a particular connotation of seriousness under which the employee’s primary care physician certifies the situation of vulnerability for the purposes of the application of certain transitional rules of favor (Please refer to Article 28-bis of the Conversion Law).
- until December 31st,2023, for working parents of children under 14 subjects to the conditions that:
- there is no other parent in the family who is a beneficiary of income support benefits relating to suspension or cessation of work or who is not working;
- remote work is compatible with the work carried out.
(Please refer to Article 42, 3-ter, of the Conversion Law).
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DID YOU KNOW THAT… On 5 May 2023 the so-called ‘Employment Decree’ came into force?
