Art. 76 Definition and general principles of agile work
Agile work as per Law no. 81/2017 is one of the possible ways of carrying out work performance for processes and work activities, previously identified by Companies or Entities, for which the necessary organizational and technological requirements exist to operate in this way.
The work performance is carried out partly within the premises of the Company or Entity and partly outside them, without a fixed and predefined workstation, within the limits of the maximum daily and weekly working hours.
The performance of work in agile mode does not change the nature of the existing employment relationship, and retains the same rights and obligations arising from in-person work.
Art. 77 Access to agile work
Adherence to agile work is consensual and voluntary and is allowed for all workers (including fixed-term and part-time).
The obligation for workers is to guarantee the same performance levels required for in-person activity.Art. 78 Individual agreement
The individual agreement is drawn up in writing for administrative regularity and as evidence.
It governs the execution of work performed outside the premises of the Company or Entity, also with regard to the forms of exercise of the employer's directive power and the tools used by the worker, which are normally provided by the administration.The agreement must also contain at least the following essential elements:
- duration of the agreement, bearing in mind that it may be fixed-term or open-ended
- methods of carrying out work outside the usual workplace, with specific indication of the days to be worked on site and those to be worked remotely- methods of withdrawal, which must take place with a notice period of not less than 30 days except in the cases provided for by art. 19 Law no. 81/2017
- cases of justified reason for withdrawal - indication of the time band referred to in art. 79 paragraph 1, letter a) (Articulation of performance in agile mode and right to disconnect)
- the worker's rest periods, which in any case must not be less than those provided for in-person workers, and the technical and organizational measures necessary to ensure the worker's disconnection from work technologies
- the methods of exercising the employer's directive and control power over the work performed by the worker outside the administration's premises, in compliance with the provisions of art. 4 of Law 20 May 1970, no. 300 and subsequent amendments.
- the worker's commitment to comply with the requirements indicated in the information on health and safety in agile work received from the administration.
In the presence of a justified reason, each party may withdraw from the agreement without notice, regardless of whether it is fixed-term or open-ended.
Art. 79 Articulation of performance in agile mode and right to disconnect
Work performance in agile mode may be articulated in the following time bands:- contactability band, during which the worker can be contacted by phone, email, or similar means. This time band cannot exceed the average daily working hours
- inactivity band, during which the worker cannot provide any work performance, includes the 11 consecutive hours of rest.
During the contactability band, the worker may request, where the relevant conditions exist, the use of hourly permits provided for by collective agreements or by law, such as, by way of example, permits for personal or family reasons, trade union permits, assembly permits, permits under art. 33 of Law no. 104/1992.
The employee who uses the above permits, for their duration, is exempt from the obligations established by paragraph 1 for the contactability band.
On days when work is performed in agile mode, it is not possible to carry out overtime, business trips, hardship work, or work performed in risky conditions.
In case of technical and/or IT issues, the employee is required to promptly inform their manager or supervisor.
If the above issues temporarily make work performance impossible or unsafe, the employee may be called back to work in person.
For supervening service needs, the agile worker may be called back to the workplace, with notice that must be given in time for the resumption of service and, in any case, at least the day before.
Art. 80 Training in agile work
As part of the training plan activities, specific training initiatives will be provided for staff who use agile work. Communication platforms and other tools will be used to strengthen autonomous work, empowerment, decision-making delegation, collaboration, information sharing, and health and safety at work.
