From 1 September 2022, smart working will only be possible after signing an agreement between the parties, which must be signed in the act of hiring or at a later time, but prior to the start of agile work. Under the new provisions, employers will not have to communicate employee membership per employee but will have the possibility to send the names in a simplified way.
With the new decree, in fact, article 23 has been reformulated of the law of 22 May 2017. The previous obligation to communicate the individual agreement will therefore be replaced, from 1 September, by a simple electronic communication of the names of the workers and the start and termination date of work in an agile mode.
"It is a first step with which the communication obligations relating to agile work are made easier, also in light of the experience gained during the pandemic and responds to a specific request made by the social partners in the protocol on work in agile mode for the private sector signed by the Minister of Labor and the social partners on 7 December 2021 ", the ministry said in a a note.
"The need to simplify the communication obligations arises from the need to make structural a procedure already widely tested in the emergency period - said Orlando -, in consideration of an increasing use of this way of carrying out work . In this way, the procedures for employers are streamlined and the ministerial offices are not aggravated by administrative obligations deemed unnecessary "
In the meantime, the workers of companies, who have signed a company agreement with the trade union representatives governing agile work must return according to the procedures provided for by the agreements. While in the public sector some ministries have already signed individual agreements that provide for an average of two days a week of smart working.