31 August 2022 is the final date on which the emergency legislation about agile work ends, as provided for by Law No. 52/2022 converting Decree-Law No. 24/2022 (s.c. “Decreto Riaperture”).
From 1 September 2022 it will therefore be necessary to sign an individual agreement with each employee involved in smart working in line with the provisions of Law 81/2017. The agreement will have to be kept for five years after the signature.
The situation is different for companies that have planned company smart working plans for their entire population.
As a reminder, on 7 December 2021, the protocol outlining the guidelines for national, territorial or corporate agreements on Smart Working was signed, with validity from 1 January 2022. The ‘National Protocol on Agile Working’, promoted by the Ministry of Labour, aims to provide companies and workers in the private sector with guidelines with which to regulate agile working in collective bargaining. The principles of this initiative can be summarised in six macro-points: voluntary adherence, individual agreement, the right to disconnection, protection against accidents and occupational diseases, equal treatment, workplaces and tools, and training of agile workers.
What will be the new communication methods?
Following the publication of the Conversion Law of the so-called Simplification Decree occurred on 19 August 2022, from 1 September 2022 it will no longer be necessary to telematically transmit to the Ministry of Labour the copy of the agile work agreement signed by the employer and the worker, but it will be sufficient to communicate, again telematically, the names of the workers concerned and the start and end dates of the agile work performance.
On 22 August 2022, the Ministry of Labour published Decree No. 149 in which it defines the simplified methods for communicating smart working. Attached to the ministerial decree is the form, available online on the Ministry of Labour website, which the employer can easily fill out after SPID or CIE authentication, following the instructions provided in the Decree itself.
The fulfilment is foreseen, as of 1 September 2022, only in the case of new agile work agreements or if it is intended to make changes (including extensions) to previous agreements. Communications already made in accordance with the modalities of the previous regulation remain valid.
In the phase of first application of the new modalities, the obligation of communication can be fulfilled by 1 November 2022, as per the instructions of the Ministry of Labour, which for greater convenience we reproduce below:
The Labour Department of MMSLEX Law Firm is at your disposal to support you in the drafting of agreements, both corporate and individual, and in the subsequent fulfilments.