A new flexible kind of employment relationship: the so-called “smart working”

The bill n. 2233 provides a new flexible kind of employment relationship. The aim of the bill is to increase the productivity and to facilitate the work-life balance.

The main characteristics of the so-called “smart working” are the following:

  • job performance shall take place only partly at the business premises;
  • working time shall not be strictly set, apart from the time limit provisions arising from law and from collective bargaining agreement;
  • possibility for the employee to use technological tools during the job performance;
  • absence of a fixed place during the working period outside the business premises.

The employment agreement shall be made in writing and it shall state the way in which the job performances taken outside the business premises shall be carried out, how the employer powers shall be exercised, as well as the rest periods and the technological tools used by the employee.

The emoluments and the regulatory treatment (even from tax and contribution point of view) shall not be lower than the one applied to the employees who perform the same kind of work in the business premises.

The employer shall ensure the health and the safety of the “smart working” employees and, to this end, he shall give to the employees a written report at least annually in which general and specific risks related to the way in which the job performances have to be taken are identified. The employee is entitled to a protection against work injuries and occupational disease associated with the job performance carried out outside the business premises, as well as a protection against the accidents that can happen along the usual route going to work and home.

The agreement could be a fixed-term or an open-end contract; in the second case, the termination shall be done with a period of notice not shorter than thirty days.

When the termination happened for a just cause, both parties could terminate the agreement before the termination date if the agreement is a fixed-term one, or without notice if the agreement is an open-end one.

The bill is still to be approved and it is currently under examination by the Italian Parliament.