STATE OF EMERGENCY AND SMART WORKING EXTENSION
Law Decree 83/2020, containing urgent measures related to the expiry of the epidemiological emergency declaration, has been converted, with amendments, into Law 124/2020, in force since September 29.
The Law Decree 125/2020, in force since October 8, 2020, has then provided the main consequential extensions to the state of emergency until January 31, 2021, also amending the Law Decree 83/2020, already converted into Law: in particular, it provides for the extension until December 31, 2020 of the terms provided by the provisions in Annex 1 to the Decree, except as provided in numbers 3 and 32 of the Annex itself. As far as more interesting, number 32 refers to article 90, D.L. 34/2020, which establishes, among other things, that the agile working mode can be applied by private employers to any employment relationship, even in the absence of the individual agreements provided for therein (so-called simplified mode), until the end of the state of emergency and in any case no later than 31 December 2020. Therefore, the simplified methods of communication of agile work already in use may be used until 31 December next, as a rule.
On the site of the Ministry of Labour, among the Faq, it is, however, specified that in the period in which the state of emergency was declared (currently set at January 31, 2021), the methods of communication of agile work remain those provided for in Article 90, paragraphs 3 and 4, Decree Law 34/2020, converted by Law 77/2020, using the simplified procedure already in use (for which it is not necessary to attach any agreement with the worker), with forms made available by the Ministry of Labour, without prejudice to the computer application to be used for sending the communication.
The Legislative Decree 137/2020, so-called Ristori, in force since October 29, has then further affected the provisions.
Below is a summary of other emergency provisions related to agile work.
| Reference | Forecast |
| Workers (and family members) with disabilities, with reduced working capacity and immunodepressed diseases | |
| Article 39,
D.L. 18/2020
Within 31/12/2020 |
Employees with a recognized serious disability, or who have a person with a recognized serious disability in their household, have the right to perform the work in an agile manner, if compatible with the characteristics of the performance. Workers in the private sector suffering from serious and proven pathologies with reduced working capacity are given priority in accepting requests to perform work in agile mode. The above provisions also apply to immunodepressed workers and the cohabiting family members of immunodepressed persons. |
| Parents with children in quarantine or with suspended teaching activity | |
| Article 21-bis,
D.L. 104/2020
Within 31/12/2020
|
An employed parent can perform the work in agile mode for all or part of the period corresponding to the duration of quarantine of the cohabiting child, under the age of 16, ordered by the prevention department of the Asl territorially competent, as a result of contact occurred within the school plexus, as well as in the performance of basic sports activities, motor activities in facilities such as gyms, swimming pools, sports centers, sports clubs, both public and private, as well as in the case where it has been ordered the suspension of teaching in the presence of the cohabiting child under the age of 16. It is also possible to perform agile work if the contact has occurred within facilities regularly attended to follow music and language lessons. In the only cases in which the work cannot be carried out in an agile manner, and in any case as an alternative to the above measure, one of the parents, alternatively to the other, may abstain from work for all or part of the period corresponding to the duration of the quarantine of the child, under 14 years of age, ordered by the prevention department of the local health authority following contact occurred within the school plexus, as well as in the case in which the suspension of teaching in the presence of the cohabiting child under 14 years of age has been ordered. In the case of children aged between 14 and 16 years, parents have the right to abstain from work without payment of wages or allowances or recognition of notional contribution, with prohibition of dismissal and right to keep their job. For periods of leave taken is recognized, instead of pay, an allowance equal to 50% of the salary, calculated in accordance with Article 23, Legislative Decree 151/2001, with the exception of paragraph 2. These periods are covered by notional contribution. For the days in which a parent benefits from one of the above measures, or carries out the work in agile mode or in any case does not carry out any work activity, the other parent may not request to benefit from any of the above measures, unless he is also a parent of other children under the age of 14 who are not benefiting from one of the above measures. The benefit in question may be recognized within the limits of expenditure provided for. |
| Parents with disabled children | |
| Article 21-ter,
D.L. 104/2020
Up to 30/6/2021
|
Parents who are private employees who have at least one child with a serious disability recognized under Law 104/1992, provided that there is no other non-worker parent in the household and that the work does not necessarily require physical presence, have the right to perform the work in an agile manner even in the absence of individual agreements, subject to compliance with the information obligations under Articles 18-23, Law 81/2017. |
| Fragile workers | |
| Article 26,
paragraph 2-bis, D.L. 18/2020
From 16/10/2020 to 31/12/2020
|
Fragile workers (public and private employees in possession of certification issued by the competent medical-legal bodies, certifying a condition of risk resulting from immunodepression or from the outcome of oncological diseases or the performance of related life-saving therapies, including workers in possession of the recognition of disability with connotation of seriousness in accordance with Article 3, paragraph 3, L. 104/1992) normally perform their work in an agile manner, including through the use of different tasks included in the same category or area of classification, as defined by collective agreements in force, or the performance of specific professional training activities even remotely. |
LDP stay at your disposal for any further clarification.