National Protocol on Remote Work

On December 7, the Ministry of Labor and the social partners signed the National Protocol on Remote Work for the Private Sector, which consists of a detailed preamble and 16 articles.

The most significant “innovation” introduced by the Protocol is the emphasis placed on collective bargaining, which—subject to the provisions of the law—is defined as the primary source for regulating the performance of work under flexible arrangements and for establishing criteria and principles for managing remote work, with particular regard to the specific needs of each sector.

While we briefly outline the key points of the new text below, please refer to the full text of the PROTOCOL that has been signed.

Voluntary participation

Participation in remote work remains voluntary and is based on the signing of an individual agreement, which also includes a right of withdrawal. Any refusal by an employee to participate in or perform their work remotely does not constitute grounds for dismissal for just cause or for justifiable reason, nor will it result in disciplinary action.

Individual agreement

Pursuant to Articles 19–21 of Law 81/2017 (and any provisions set forth in collective bargaining agreements), the performance of work remotely must be preceded by the signing of an individual agreement between the employer and the employee.

As expressly provided for in Article 2, paragraph 2 of the Protocol, the individual agreement must comply with the provisions of any applicable collective bargaining agreement and, in any case, must be consistent with the guidelines set forth in the Protocol, ensuring that it includes a number of points, some of which are of particular importance:

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

• (b) alternating between periods of work inside and outside the premises

• corporate;

• (c) any locations that may be excluded from the provision of the service

• work performed off company premises;

• (d) matters relating to the performance of the work carried out at the

• outside the company premises, including with regard to the exercise of authority

• the employer's management and conduct that may give rise to

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