The Ministry of Labor and Social Policies defined Smart Working (or Labor Agile) as a way to encourage flexible work locations and schedules. Many organizations in Italy recently put this law into practice to stem the spread of the coronavirus thanks to an urgently approved implementation decree that lets employees work remotely for example, even without a prior written agreement. The Agile Labor Law of 2017 required formal agreements.
Actions employers should take
Employers rapidly moving employees to remote working situations need to complete self-certification forms for each employee working remotely/flexibly, and upload those forms to the Cliclavoro website. Employers could face fines up to EUR 500 for each employee if they fail to do this. Employers and employees can engage this law for six months from March 4, 2020.
Many 2017 stipulations still apply
The obligation to respect the 2017 smart working law remains for employer and worker including agreements on:
- Working hours
- Organizational and supervisory power
- Employees maintaining standard availability
- Employers providing computers and phones for employees who are remote workers
Furthermore, agile workers must receive equal regulatory and economic treatment.