Last Dec. 7, the Ministry of Labor and social partners signed the National Protocol on Agile Mode Work for the Private Sector, which consists of an extensive foreword and 16 articles.
The point of greatest "innovation" introduced by the Protocol, is constituted by the enhancement of collective bargaining which, without prejudice to the provisions of the law, is defined as the privileged source of regulation of the performance of work in agile mode, of definition of criteria and principles for the management of smart working with particular regard to the peculiar needs belonging to each sector.
In recalling briefly below the key points of the new text, we refer, for a necessary and detailed overview, to the full text of the PROTOCOL signed.
Voluntary membership
Adherence to smart working remains on a voluntary basis, through the signing of an individual agreement, an agreement that also provides for the right of withdrawal. Any refusal of the employee to join or perform his or her work in agile mode does not integrate the elements of dismissal for just cause or justified reason, nor will it have relevance at the disciplinary level.
Individual agreement
Pursuant to Articles 19-21 of Law 81/2017 (and any provisions stipulated by collective bargaining), the performance of services in agile mode must be preceded by the signing of an individual agreement between employer and employee.
As expressly stipulated in Art. 2, para. 2 of the Protocol, the individual agreement must conform to the contents of any provisions of the relevant collective bargaining agreement and in any case must be consistent with the guidelines set out in the Protocol, taking care that a number of points, some of particular importance, are provided for:
(a) the duration of the agreement, which can be for a term or an indefinite period;
(b) the alternation between working periods inside and outside the premises
business;
(c) the places, if any, excluded for the performance of the service
Work outside the company premises;
(d) the aspects related to the performance of work performed at the di
off company premises, including with regard to the forms of exercise of power
employer's management and to conduct that may give rise to