Law no. 77/2020 has amended Article 90, Paragraph 1 related to “Decreto Rilancio” with reference to Smart Working and it has envisaged that until the end of the epidemiological emergency from COVID-19, the right to carry out smart working is recognized, based on the assessments of doctors competent, even to workers most exposed to the risk of contagion from SARS-CoV-2 virus, due to:
- the age or
- the risk’s condition
- from outcomes of oncological pathologies or
- by carrying out life-saving therapies or,
- from comorbidities that can characterize a situation of greater riskiness ascertained by the competent doctor, in the context of the health surveillance referred.
Moreover, even if until July 31, 2020, it is possible to activate the smart working in the simplified variant for COVID-19 without the individual agreement with the employee, it must be considered very useful to provide in any case an individual agreement in order to discipline, for example: (i) the control power of the employer, (ii) certain profiles related to the use of IT tools that have obvious privacy implications, (iii) the so-called right to disconnect (the times of non-work, of unavailability).
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Source: Guida al Lavoro