The Legislative Decree on “provisions for rationalization and simplification of procedures and obligations for citizens and enterprises and other provisions on employment and equal opportunities”, approved on 4 September in the CDM, has rewritten the art. 4 of the Workers’ Statute (Law no. 300/1970) for remote controls.
The old art. 4 provided that the installation of equipment and control equipment, which could allow you to remotely control the activities of the workers, if it were possible:
– Justified by the need for organizational and production or the security of the work;
– After agreement with union representatives or authorized by the Ministry of Labour.
With the changes introduced by the above Decree has been simplified the procedure will no longer need permission or administrative union but the employer must, however, adhere to the Privacy Code (Legislative Decree. N. 196/2003) and inform previously employed by a specific company policy which will be defined the limits of use of the instruments of labor data in use to the employee such as, for example, mobile phones, tablets, PCs, etc.
The new law leaves it to the employer’s decision to understand or less, based on the technology in use, a tool “necessary” to control the employees. It is therefore not defined a generic category of instruments used for this purpose but the legislator wanted to recognize employers greater freedom in determining it independently.
Another important aspect to note is that the information collected by the employer “can be used for all purposes related to the employment relationship” and therefore, potentially, even for disciplinary purposes.