Remote controls and the “new” art. 4 of the Workers’ Statute

The Legislative Decree containing the provisions regarding employment and equal opportunity, published in the Official Gazette 23 September 2015 that became effective on 24 September, has rewritten art. 4 of the Workers’ Statute regarding remote controls. Specifically, employers have been given the possibility to collect information (i) from instruments used by workers to perform their jobs and (ii) from recording devices for entry and attendance without a trade union agreement or administrative authorisation (confirmed instead for audio-visual systems and other instruments used for remote control of job activity). The only obligation is to comply with privacy laws. Information collected in this manner can be used for all purposes connected with employment, including disciplinary. It should be noted that a careful reading of the law indicates that the companies will be exempt from the above authorisation procedure within the above limits but, give the aforesaid information obligation, they will not be relieved from preparing (or revising) company policies which introduce precise rules on the use of work instruments, as well as issuing suitable information notices pursuant to art. 13 of Italian Legislative Decree no. 196/2003.