National protocol on agile working
- Studio Piceci
- December 13, 2021
- Reading time: 6 min
On December 7, the Ministry of Labor and social partners signed the National Protocol on agile working for the private sector, consisting of a comprehensive introduction and 16 articles.
The most "innovative" aspect introduced by the Protocol is the enhancement of collective bargaining which, without prejudice to the provisions of the law, is defined as the preferred source for regulating the performance of work in agile mode and for defining criteria and principles for the management of smart working, with particular regard to the specific needs of each sector.
In briefly summarizing the key points of the new text below, please refer to the full text of the PROTOCOL signed.
Voluntary membership
Participation in smart working remains voluntary, through the signing of an individual agreement, which also provides for the right of withdrawal. Any refusal by the employee to participate or to perform their work in an agile manner does not constitute grounds for dismissal for just cause or justified reason, nor will it have any disciplinary relevance.
Individual agreement
Pursuant to Articles 19-21 of Law 81/2017 (and any provisions provided for in collective bargaining agreements), the performance of work in agile mode 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 contents of any provisions of the relevant collective bargaining agreement and, in any case, must be consistent with the guidelines defined in the Protocol, ensuring that a series of points are included, some of which are particularly important:
a) the duration of the agreement, which may be fixed-term or open-ended;
b) alternating between periods of work inside and outside the premises
corporate;
c) any locations excluded from the provision of the service
work outside company premises;
d) aspects relating to the performance of work carried out at
outside company premises, including with regard to the forms of exercising power
employer's management and conduct that may give rise to