Smart Working in 2021

Smart working: The new frontier of work. What does it consist of? Until when will smart working be allowed in 2021?

The Covid19 emergency has revolutionized social relationships: it has changed the conventional greeting, made individuals slaves to the mask, given a ferocious push to the world of medicine and imposed restrictive measures throughout the world that have changed human relationships.

The restrictive measures adopted, justified by the need to contain the current pandemic (which, like pasta, smallpox and cholera, will be studied and remembered in all history books), have been different and have affected every social sphere. One of the areas most affected by this type of health emergency has been the Italian work sector: covid19, in fact, has forced the closure of "non-essential" commercial activities and has revolutionized the traditional way of working. In this scenario of closures and changes, a particular type of work method called Smart Working has found fertile ground.

But what is smart working? What does this way of working consist of? How long will smart working be extended in 2021?

If you want to know the answer to these questions, continue reading the article that will briefly discuss this topic.

Smart working: the new frontier of work.

Smart Working is literally the translation of “Agile Work” or “Intelligent” Work, and was baptized in Law no. 81/2017. Contrary to popular belief, this way of working made its entrance 3 years before the health emergency arose.

Regulated by Articles 18 to 23 of the aforementioned law, it is established that: “they apply, insofar as compatible, [...] in employment relationships with public administrations as per article 1, paragraph 2, of legislative decree 30 March 2001, n. 165, and subsequent amendments, in accordance with the directives also issued pursuant to article 14 of law 7 August 2015, n. 124, and without prejudice to the application of the different provisions specifically adopted for such relationships”

Consequently they are excluded “entrepreneurs, including small entrepreneurs as per Article 2083 of the Civil Code.”

When the pandemic spread in Italy, the Government, having to necessarily prevent the contagion of the Coronavirus, had to devise a way to allow subordinate workers of companies and public administrations to continue to carry out their work, but in such a way as to prevent the spread of the virus, therefore, without physically going to the office.

The solution was found by dusting off the agile working method, which, if well-regulated in the employment relationship and if punctually carried out, has proven to be a new and revolutionary frontier for the world of work. This is due to the change in the traditional pivot on which the work system is based: no longer focused on the "duration of time" in carrying out the work performance, but rather shifted to the "quality" of the work performance itself rendered by the worker.

To understand the rationale behind this new frontier in the world of work, here is an explanation of the working method that includes smart working.

What does Smart Working consist of?

In 2017, the definition of smart working dictated by law was as follows: “a method of performing the subordinate employment relationship established by agreement between the parties, including with forms of organization by phases, cycles and objectives and without specific constraints on working hours or place, with the possible use of technological tools to carry out the work activity”.

From this definition, the guidelines that mark this particular form of work are drawn: "flexibility" aimed at achieving the objectives defined between employer and subordinate worker.

Therefore, to “work” in Smart Working, no type of union formality is necessary, only an agreement between the parties (worker and employer) is needed, which establish how the work must be materially carried out and which objectives must be achieved during its performance.

There is no reference to a timetable to be respected, nor to the place where the work performance must be carried out. The subordinate worker is therefore free to work at the times he prefers, respecting however the only limit established by the Ccnl and by the law on the maximum duration of weekly and daily working hours. Furthermore, to work, the employee can be located anywhere, as long as he is able to carry out his work performance, presumably, using IT and electronic devices that allow him to connect to the network to facilitate communications with other colleagues. Furthermore, " the right to disconnect from technological tools and IT platforms is recognized, in compliance with any agreements signed by the parties and without prejudice to any agreed periods of availability ". Therefore, someone who works smart, does not have 24/7 availability, but can respect the daily working hours and then disconnect once the work has been completed.

Even with regards to the enjoyment of holidays, permits and sick leave, everything remains unchanged and subject to the same original conditions set out in the employment contract.

Consequently, since nothing changes either in the working hours or in the worker's performance, the working remuneration does not change either. The law states that work is carried out in smart working “cannot have repercussions on the employment relationship or on salary treatments”; therefore, the salary remains that provided for in the contract.

Given the above, one can immediately perceive the economic and health benefits that carrying out work in an agile manner has brought, which has not only opened new horizons by allowing working "from home" but has also effectively contained the health emergency and countered the spread of the Coronavirus.

The success of smart working has been so explosive that it has allowed its extension into the private sector as well, in fact, on this point article 90, paragraph 4, of Legislative Decree 34/2020 clarifies (as provided for by Legislative Decree 52/2021), “the aforementioned method of carrying out work activity may be applied by private employers to any subordinate employment relationship even in the absence of individual agreements provided for by current legislation”.

How long will smart working be allowed? The 2021 extension.

In the current situation, the pandemic, although contained, is not completely averted, therefore, it is still useful to continue carrying out work in an agile manner.

On this point, the conversion of the Legislative Decree Reopening, decree-law 22 April 2021, n. 52 (Law 17 June 2021, n. 87) specifically reports the extension of Smart working in the PA until 31 December 2021.

As for the public administration, the extension brings a further novelty: the limit of 50% as a minimum percentage of staff in smart working is abolished, and the emphasis is placed on the traditional PA principles of efficiency and effectiveness. To be more specific, the rationale becomes: it matters little how many workers carry out their work activity in agile mode, what matters, instead, is that the public administration is always efficient, effective and that citizens are still satisfied in their needs.

Finally, to ensure the smooth running of the public administration, Legislative Decree 52/2021 requires individual PAs to draw up the so-called “POLA” by 31 January, i.e. Agile Work Organizational Plans that allow for the definition of the services that can be performed in smart working and set the final objectives to be achieved within the year.

However, even the private sector is increasingly resorting to smart working (if you want to know how a private company is made up request company report here ) , and therefore, the Ministry of Labor has proposed the extension until December 31, 2021, also in the private sector.

We conclude the article with a reflection by sociologist Domenico De Masi on the topic “it's not the process that counts, but the objective […] The important thing is that it completes its task in the best possible way”.

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