INFOFLASH PAYROLL N.2 JULY 2020

by Arianna De Carlo | Jul 27, 2020 | infoflash

AGILE WORK: NEW SIMPLIFIED PROCEDURE FROM 1 AUGUST 2020

In summary:

From August 1, 2020, companies will have to use a new simplified procedure to communicate to the Ministry of Labour the list of employees who carry out the activity in agile mode.

Employers will also have to keep the individual agreements signed with the workers concerned, without the obligation to send them to the Ministry.

This is the result of a FAQ published on the Ministry of Labour’s website.

As is well known, on the website of the Ministry of Labour (www.lavoro.gov.it) there are some FAQ related to the epidemiological emergency linked to COVID-19.

In preparation for July 31, 2020 (the date on which the state of health emergency and, therefore, the current simplified procedure for agile work will end, unless extended), it should be noted that the Ministry has provided some clarifications on the matter, from which it emerges that, as of August 1, 2020, companies will have to use a new simplified procedure to communicate to the Ministry of Labour the list of employees who carry out the activity in agile mode.

In particular, the following FAQ has been published on the Ministerial portal:

Question

Answer

How should the smart working communications provided for in Article 90 of the D.L. n. 34/2020, converted with amendments into Law n. 77/2020?

Article 90 of Decree-Law no. 34/2020 specifies that the agile working method may be applied by private employers to any employment relationship even in the absence of individual agreements, i.e. using the “simplified” procedure currently in use, and this until the end of the state of emergency (currently set at 31 July 2020) and, in any case, no later than 31 December 2020.

Therefore, at present, the “simplified” procedure can be used until 31 July 2020.

Beyond the date of July 31, 2020, the communication referred to in Article 23, paragraph 1 of Law no. 81 of May 22, 2017, will be made with the templates provided by the Ministry of Labour and Social Policies (Model for making the communication – Template for communicating the list of workers involved) and the agreement is held by the employer who must show it to the Ministry, INAIL and the National Labour Inspectorate for institutional monitoring and surveillance activities.

It should be noted, in fact, that, pursuant to Article 23, paragraph 1, of Law no. 81/2017, the individual agreement on agile working methods (and its amendments) is one of the acts to be communicated to the Employment Centre responsible for the territory.

From the above-mentioned FAQ it is clear that, as of August 1, 2020, the ordinary rules provided for by Law no. 81/2017 will not apply, but companies will have to use a new simplified procedure to communicate to the Ministry of Labour the list of agile workers, without, however, the need to send the Ministry the individual agreement signed with each employee.

The individual agreement (necessary under Law no. 81/2017, but not under the simplified procedure in force until 31 July 2020, unless the state of emergency is extended) shall be formalized between the Parties and kept by the employer in order to show it to the authorities concerned (Ministry, INAIL, INL).

In detail, the procedure that will take effect from 1 August 2020 includes the following provisions

the obligation to send to the Ministry of Labour, by the employer, a special model (hereinafter attached) called “Communication of work periods in smart working mode (Article 23, paragraph 1 of Law no. 81/2017)”, to which must be attached a file containing the list of workers involved;
the obligation to sign and keep (in the company) the individual agreement formalized with each worker concerned. In the aforementioned communication, the employer must in fact declare that “the company I represent is in possession of the individual agreements of the workers listed in the file attached to this communication and undertakes to show them for monitoring and surveillance activities”.