SIMPLIFIED SMART WORKING AND COVID-19
The Prime Ministerial Decree of 8 March 2020, following the previous Prime Ministerial Decree of 25 February 2020 and 23 February 2020, provides for the possibility of applying, on the entire Italian territory, the agile work methods – governed by Articles 18 – 23, L. 81 /2017 – for the duration of the state of emergency at any subordinate employment relationship, even in the absence of the individual agreements provided for therein.
The simplified smart working in question provides, precisely, simplifications about the rules of Law 81/2017, which generally regulates agile work, regarding:
- job security;
- telematic communication.
However, the other regulations on the topic remain unchanged.
Article 23, Law 81/2017, establishes that the agreement for the performance of work in agile work mode and its amendments are the subject of the communications referred to in Article 9-bis, Law Decree 510/1996, converted, with amendments, by Law 608/1996, and subsequent amendments.
Therefore, the individual agreement on agile work and its modifications must be communicated electronically through the online procedure, by accessing the “Cliclavoro” portal, indicating the data of the employer, the worker, the type of agile work (fixed or indefinite time) and its duration, also through the simplified procedure for mass sending via a single file. xls at https://servizi.lavoro.gov.it/ModalitaSemplificataComunicazioneSmartWorking/.
Regarding the disclosure obligations for safety and health of the smart worker, it has been envisaged that these, given the urgency of activating this method of carrying out the work performance, can also be fulfilled electronically – so a simple e-mail is considered sufficient – and using the documentation made available on the Inail website, downloadable in .doc format at the address: https://www.inail.it/cs/internet/comunicazione/avvisi-e- deadlines / coronavirus-information-notice.html.
Smart working support Lombardy Region
With a resolution of 18 March 2020, the Lombardy Region has made it known that the possibility of applying a public notice for the adoption of smart working business plans (Regional Decree 1942/2020) has also been extended to employers of work that introduced agile work for their employees in the period of the epidemiological emergency from COVID-19, starting from 25 February 2020 for the duration of the state of emergency referred to in the resolution of the Council of Ministers 31 January 2020, on condition that:
- apply for a contribution, at the time of the opening of the Lombardy Region information system, starting from April 2, 2020, and until December 15, 2021;
- have fulfilled their obligations according to Article 4, DPCM 1 March 2020;
- c comply with the requirements and prescriptions set out in the notice and document that they have adopted smart working definitively with a company regulation.
With the addendum of 20 March 2020, the possibility of participating in the notice was extended to all companies, which, during the health emergency period from COVID-19, activated smart working for their employees, provided they fulfilled their obligations of information on security and communication obligations on the ministerial website.
For these employers will be eligible for aid from the expenses incurred from February 25, 2020, for the purchase of technological equipment and the implementation of activities in smart working, on condition that they make t ll activities provided by ‘ in any (Action A, paragraph B.2) and permanently introduce agile work as a regulated work method within the company.
In the updated version of the notice, some procedural changes have also been introduced for access to funding, to enhance the effectiveness of the measure and to specify some modalities for the verification of requirements and reporting.
DURC and COVID-19
The Durc is one of the certificates referred to in article 103, D.L. 18/2020, so-called “Cura Italia”, which provides, in paragraph 2, that “all certificates, attestations, permits, concessions, authorizations and enabling acts however named, expiring between 31 January and 15 April 2020, shall remain valid until 15 June 2020”.
Based on this assumption, INPS has published the following information message on the form request screen:
“Please note that the documents certifying the regularity of contributions denominated Durc On-Line, which indicate in the “Expiry Date” field a date between 31 January 2020 and 15 April 2020, shall remain valid until 15 June 2020 as provided for by Article 103, paragraph 2, of Law Decree no. 18 of 17 March 2020.
In the event of a new request for verification of the regularity of contributions, users must use the “regularity request” function that allows the storage of the applicant’s data that can be used by INPS for any communications relating to the request. The Consultation function, vice versa, does not record any detailed information of the applicant”.
LDP Payroll stays at your disposal for any further clarifications, inviting anyone who believes they fall within the scope of application of the standard referred to above to contact us to verify the conditions of application and organize the work.
De Carlo Arianna – firstname.lastname@example.org
Head of Payroll Department