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 comprehensive 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 a flexible work arrangement 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 provides for the right to withdraw. Any refusal by an employee to participate in or perform their work remotely does not constitute grounds for termination for just cause or for justifiable reason, nor will it be considered a disciplinary offense.
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 term of the agreement, which may be for a fixed term or indefinite;
(b) the alternation between periods of work inside and outside the premises
corporate;
(c) any locations that may be excluded from the service
work performed off company premises;
(d) matters relating to the performance of work carried out at the
outside company premises, including with regard to the ways in which authority is exercised
the employer's management and conduct that may give rise to
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