National Protocol on Smart Working

On December 7, the Ministry of Labor and Social Partners signed the National Protocol on Smart Working for the private sector, comprising an extensive preamble and 16 articles.

The Protocol's most significant 'innovation' lies in the enhancement of collective bargaining, which, without prejudice to legal provisions, is defined as the preferred source for regulating the performance of work in agile mode, and for defining criteria and principles for smart working management, with particular regard to the specific needs of each sector.

Briefly recalling the key points of the new text below, for a necessary and detailed overview, please refer to the full text of the SIGNED PROTOCOL.

Voluntary Adherence

Participation in smart working remains voluntary, requiring the execution of an individual agreement, which also stipulates the right of withdrawal. An employee's refusal to participate in or perform work in agile mode does not constitute grounds for dismissal for just cause or justified reason, nor does it carry disciplinary relevance.

Individual Agreement

Pursuant to Articles 19-21 of Law 81/2017 (and any provisions stipulated by collective bargaining agreements), the performance of work in agile mode must be preceded by the execution of an individual agreement between the employer and the employee.

As expressly stipulated in Article 2, paragraph 2 of the Protocol, the individual agreement must conform to the provisions of any applicable collective bargaining agreements and, in any event, must align with the guidelines defined in the Protocol, ensuring the inclusion of several key points, some of particular relevance:

• a) the duration of the agreement, which may be fixed-term or indefinite;

• b) the alternation between periods of work performed inside and outside the

• company premises;

• c) any locations specifically excluded for the performance of

• work outside the company premises;

• d) aspects pertaining to the execution of work performed

• outside the company premises, including the forms of exercising the employer's managerial

• authority and behaviors that may lead to disciplinary action;

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