De Luca & Partners, for the special Guida al Lavoro (Employment Guide), describes the legalities of remote or agile working,

  1. by tracing the regulations set down by Italian Law no. 81/17 examining in detail, inter alia,
  2. the right to disconnect,
  3. the requisites of the individual agreement required by the legislation in question,
  4. the employer’s control and disciplinary power,
  5. the profiles related to health and safety,
  6. the inherent privacy profiles of interest
  7. and illustrating the current simplified form adopted during the COVID19 period
  8. with the description of what simplified remote working means,
  9. with indication of the categories granted the right or preference for activation of remote working.

The Guida al Lavoro special offers an overview of the legislation and case law related to remote working as well as an interesting point for reflection on critical issues connected with remote working, an employment procedure that will become increasingly widespread in coming months and a form taken from the database of IlSole24Ore.

Continue to read the full version of the contribution (in Italian).

The tools used by the remote worker (e.g. laptops and smartphones) to perform their work allow a constant and continuous availability and connection, not only potential but in fact, constant and continuous. And this would risk to compromise the balance between professional and private life which is one of the requirements of remote work.

The right of disconnection is part of this framework, according to which the worker must be protected by a potential permanent connection.

Vittorio De Luca and Elena Cannone examine the agreements and rules that guarantee this increasingly fundamental right in the light of the growing use of remote working.

Continue here to read the full version of the article in Italian language.

Source: Agendadigitale.eu