Never, in recent years, has labour law undergone such significant intervention on the part of the Legislator.
The introduction of the so-called smart working discipline (otherwise called “agile work”), by means of L. 22.05.2017, no. 81, finally takes into account the technological development which has distinguished the last decade, with increasing marked tendency towards computerization and automation of production processes and consequently attempts to set down an application procedure which, in Italy, already represents a concrete experience in the more evolved production institutions: That is, a form of work which, remaining in the context of a subordinate employment contract, is able to guarantee forms of autonomy regarding time, place and methods of implementation of work performance.
However, it doesn’t seem that this evolutionary process has been favourable in all economic institutions as of yet. In fact, the company negotiation adopted after L. 81/2017, seems to have a conservative style approach, de facto limiting the innovative capacity of the law.
Some second-level contracts have subjugated the agile worker to working hours of the ordinary-contract employees. These provisions evidently contrast the already cited law, which does not provide time constraints.
Other company agreements, however, limit work performance to “authorised locations”, explicitly prohibiting public areas. This violates the provisions of the new legislation, which is distinguished by the absence of location restraints, thus differentiating smart working from teleworking.
But one can trust – or at least hope – that the social partners can demonstrate that they are able to keep up-to-date with and know how to use the tool “agile work” which will certainly have multiple implications on the labour market, offering trade unions, businesses and employees numerous opportunities and benefits. (AA)
