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Agile Work 2023, in light of the new provisions in force since February 28, 2023, the date of entry into force of Law No. 14/2023, which converts into law, with modifications, Decree No. 198/2022 (the so-called “Thousand-Extensions Decree”).
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Definition
Agile work, defined by the law of May 22, 2017, represents the evolution of teleworking that allows revisiting the old constraints related to the place and time of work and allows “Agile Workers” greater autonomy, but also a greater assumption of responsibility for the results to be achieved, and greater effectiveness and, above all, greater efficiency in achieving objectives. Of course, this approach has been made possible by the continuous technological growth that has allowed the creation of modern workplaces completely detached from the principle of physicality.
The introduction of agile work determines multiple benefits both in terms of reducing emissions of polluting agents and in terms of increasing productivity, achieving a better balance between work and private life and a consequent reduction in stress. However, the risks generated by a reduced capacity for information transfer between workers and the social isolation of the employee with the consequent difficulty in separating personal life from professional activity should not be neglected.
Regime
Article 18 of Law No. 81 of May 22, 2017 states that the work performance must be carried out partly within the company premises and partly outside, without a fixed workstation, within the only limits of the maximum duration of the daily and weekly working hours deriving from the law and collective bargaining, and that the employer remains responsible for the safety and proper functioning of the technological tools assigned to the worker for the performance of work activity. Workers in smart working are entitled to protection in the event of accidents and occupational diseases. The employer who adopts the agile mode of work performance is obliged to:
- sign an agreement as provided for by 81/2017 and the national protocol on agile work of December 7, 2021; • prepare and deliver to the worker who performs the work in agile mode and to the Workers’ Safety Representative (RLS) the information on general and specific risks, provided for in Art. 22, Law No. 81/2017; • communicate to the Ministry of Labour, electronically and within 5 days from the beginning of the agile work performance, the names of the workers.
Communication methods and what to communicate
The communication obligation can be fulfilled according to the following methods:
- on the “Servizi Lavoro” portal of the Ministry of Labour at the link https://servizi.lavoro.gov.it by accessing via SPIND and CIE by completing the related form or by proceeding with the massive loading of the Excel template. • Through API Rest telematic services at the link https://urponline.lavoro.gov.it/s/creacase.
Thousand-Extensions Decree – Extensions
Law 14/2023 “Thousand-Extensions Decree” has provided until June 30, 2023: • the extension of the right to agile work for employers who have among their employees workers in situations of fragility as identified in the DM of February 4, 2022
- the reintroduction of the right to agile work for employees most exposed to the risk of Covid contagion
- only for the private sector, the reinstatement of the measure that provides access to agile work also for parents who have at least one child under 14 years of age
Clarifications
Article 18 paragraph 3 of Law 81/2017 establishes that both public and private employers, for the purpose of any agreements for the execution of professional services in agile mode, must prioritize requests made by workers with:
- children up to 12 years of age
- disabled children without any age limit
- severe recognized disabilities
- caregivers
Conclusions
Agile work, if constantly supported by the legislature, will continue to be the new frontier of dependent work, providing a constant evolution of the relationship between employer and employee, developing greater autonomy, flexibility, accountability, appreciation, and trust. This will allow for competition in a continuously evolving professional world. There will be multiple benefits in terms of work-life balance, reduction of polluting agents, traffic congestion, housing allocation, and there will also be various risk factors, including social isolation.
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