The covid decree Just approved by the government contains a small development on the topic smart work: When the exit from the simplified emergency system seemed certain after March 31, the government changed the date of termination of this system to June 30, 2022. Based on this unexpected change, the possibility will continue for a few months to use flexible work according to very simplified rules and pathways compared to the normal legislation contained in Law No. 81/2017. In particular, these rules will be in effect until next June 30:
- Employers will be able, as has happened since the beginning of the pandemic, to arrange the performance of agile work unilaterally and in simplified forms, without having to sign written agreements with each worker (a simple email is enough).
- Administrative communications to the portal of the Ministry of Labor (Cliclavoro) on the activation of agile work, as it is happening today, can still be made with simplified methods (a list of the names of employees in smart work, accompanied by some simple information, without the need to attach agreements)
- Trade union agreements will remain unnecessary but only optional, and will bind companies only if they apply a national collective bargaining agreement or second-level agreement governing expedited labor (as required under protocol Signed by the Ministry of Labor and Social Partners on December 7th)
So the return to normal life was postponed from 1 April to 1 July: a step that arrived, as mentioned, in a completely unexpected way. This development is not necessarily an advantage for companies and workers, who have been using the March 31 deadline as a lever to move the difficult phase of overcoming emergency management toward normal management; Moving the Extraordinary Regime to June 30th may slow this process down. However, it would be wrong to view the extension as a setback for a return to normalcy: even if the simplified system persists for a few months, companies can and should organize themselves immediately to weather the emergency phase of agile work, building new models. Capable organizations, regardless For legal issues, to promote rotation, trust and goals as tools to increase productivity. In other words, the June 30 deadline cannot constitute an excuse to continue leaving people at home without a specific regulatory project, also due to the fact that the current health situation allows the gradual return of the company to be managed in safety conditions.
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