National protocol on work in agile mode

On December 7th, the Ministry of Labor and Social Partners signed the National Protocol on agile work for the private sector, consisting of a broad premise and 16 articles.

The most “innovative” point introduced by the Protocol is the enhancement of collective bargaining which, without prejudice to the provisions of the law, is defined as the privileged source of regulation of the performance of work in agile mode, of definition of criteria and principles for the management of smart working with particular regard to the peculiar needs belonging to each sector.

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

Voluntary participation

Adhesion to smart working remains on a voluntary basis, through the signing of an individual agreement, an agreement that also provides for the right of withdrawal. The worker's possible refusal to join or perform their work in agile mode does not constitute grounds for dismissal for just cause or justified reason, nor will it be relevant at a disciplinary level.

Individual agreement

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

As expressly provided for in art. 2, paragraph 2 of the Protocol, the individual agreement must comply with the contents of any provisions of the collective bargaining agreement of reference and in any case must be consistent with the guidelines defined in the Protocol, taking care that a series of points are foreseen, some of particular relevance:

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

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

• company;

• c) any places excluded for the performance of work

• external to the company premises;

• d) aspects related to the execution of work performed outside the company premises, including forms of exercising the employer's management authority and conduct that may give rise

• outside the company premises, including with regard to the forms of exercising the employer's

• management authority and conduct that may give rise

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