The text of the bill approved by the Senate (S.2233) and currently under consideration in the Camera (C. 4135) aims to also build the self-employed a welfare system, i.e. smartworking, would seek to provide the tools to ensure measures for the protection of non-business self-employment and measures to promote the flexible coordination in the times and places of paid employment. Regarding the measures planned to facilitate the flexible coordination of their work in relation to time and subject to the carrying out (“smartworking”), this bill addresses the need to increase productivity and facilitate the reconciliation of times of life and work and accompany change in the concept of work.

Among the innovations, the art. 14 of the bill provides that the agreement between the parties, as well as rest periods, also covers all the technical and organizational measures to ensure the disconnection of the worker by the technological work equipment.

The text of the bill in 2233 and the Self-Employed Act Jobs fired by the Senate Committee on Labor provides, in Article. 13, the promotion of “smartworking” as the implementing rules of the employment relationship, and as a tool is not like a type of contract.

The activity, carried out partly within and partly outside the business premises without a fixed location of work, is configured in a time slot previously agreed when the services are rendered outside of the business premises, according to a schedule that it could have a weekly or monthly frequency, which will be adjusted by agreement between the parties and within the limits of maximum duration of daily and weekly working arising by law or by collective bargaining. It will have to combine the particular mode of execution of work performance with the need to respect, however, the legislation on working hours.

The agile work performance, as stipulated in the agreement (written) between the parties in the agreement or collective company will be located, although not necessarily, in connection to normal working timetable applicable to the membership structure, by the worker will be still guaranteed the availability in the so-called “availability times.” The latter are defined as the time periods during which the employee agrees to be contacted by the employer through the use of the equipment provided (email, phone ..), as provided in the agreement. Availability, that is configured as an obligation, it should be understood as a hardship suffered and how this should be offset by a specific allowance. It looks, then, as in company agreements, although the need to focus the absence of understanding on the results, the difficulty to get out of the logic of the performance hourly predetermination.

Outside availability times, the employer while remaining free to contact the employee may not claim an immediate response. In fact the art. 14 of the bill in question expressly provides, with regard to the forms of exercise of managerial power of the employer, that the agreement (corporate and / or individual) are identified rest periods but also all the technical and organizational measures to ensure the disconnection of the worker by the technological work instruments (so-called “right to log off”), to avoid the so-called burn-out (cognitive and emotional overload) exerting disconnection even in the availability times if you profile a risk to the mental and physical balance. The agile worker is entitled, pursuant to art. 15 of the bill 2233, to a pay and conditions not less than the total applied to workers who perform the same duties exclusively within the company. It should be emphasized that the on-call allowance, even if the worker agile, not has performance of work, but only the willingness to make himslef available beyond normal working hours. If after that time agreed in the availability times should be requested a specific job performance this will paid taking into account the present specific provisions in the agreement (ie. Increase overtime). With reference to working the common position, found in corporate agreements signed from here, it is to be denied the opportunity to work overtime as part of the services rendered in agile working arrangements, with some isolated exceptions. Furthermore in the agreement it should be appropriate to regulate any requirement of availability in the day off and public holiday deciding whether this constitutes a limitation as to give the right to recognition of an equivalent compensatory rest. As provided for workers who carry out their activities within the company premises, even for agile worker the on-call allowance, having regard to its occasional nature, it shouldn’t be qualificated within the basis of calculation of TFR that, “..includes all sums paid in dependence of employment, but are not occasional and with exclusion of what is paid to cover expenses .. “(Article 2120 Civil Code).