JOBS ACT: WITH THE NEW ARTICLE 4, LAW 300/1970 FOR WORK INSTRUMENTS AN INFORMATION SHEET IS SUFFICIENT

The draft of the legislative decree on simplifications, rejected in its first draft by the Government last 11 June, enacting article 1, paragraph 7, letter f) of Law 183/2014, rewrites the text of the Workers’ Statute in terms of remote controls. In its new formulation basically the trade union and/or authorisation procedure handled by the local employment office (DTl) for installation of audio-visual systems shall remain the same, while provisions will be introduced regarding work instruments. For the latter (e.g. PCs, tablets or mobile phones) no trade union agreement will be necessary, but to implement the instructions provided by the Authority for Privacy in recent years, the employer will be liable for providing adequate information on the use or the instruments and collected data as well as on control procedures. Lastly, the new text of article 4 Law 300/1970 expressly includes the option of using the data collected by the employer for all purposes connected with the employment, and thus even in terms of disciplinary issues. The new provisions, if they are approved at the terms described above, introduce a clear simplification on the subject and bring it up to date. The reform basically entails a “modernisation” of the laws on controls, making it less restrictive compared to the normal dynamics of current company situations and, de facto, implementing legal orientations that have been confirmed progressively. This intervention generated harsh criticism from those who consider the protection of workers’ privacy weakened, which, nevertheless, is believed will be protected by the Authority, which, with its directives, will act as an attentive supervisor.