With the company milleproroghe important news is coming smart working, just at the moment when it seemed that all was lost. With an amendment to the decree approved unanimously by the Budget and Constitutional Affairs commissions of the Senate thanks also to a financial coverage of 16 million euros, the green light has arrived for the extension of smart working for parents with children under 14 in the private sector, and for i so-called “fragile” workers both in the private and in the public.
Smart working: the news of the Milleproroghe
On December 31, the possibility of requesting smart working for i expired parents with children under 14 years old. Instead, the possibility for fragile workers to take advantage of smart working would have expired on 31 March.
The Milleproroghe decree reshuffles the cards on the table, allowing fragile workers in the public and private sectors and parents of under 14s in the private sector only to work remotely with a simplified regime for another three months: 30 until June. And all the others? To access smart working, they will have to enter into an individual agreement.
Public and private: here are the new rules for fragile people and parents
In private sector both the frail and parents with children under the age of 14 can take advantage of smart working. However, this does not mean that you can always work remotely. It will be up to the collective bargaining to establish it and, if it does not exist, it will be a specific agreement with the company or with the employer to decide the times.
For the public administration instead, the rules remain those established by the 2023 Budget Law, only the deadlines change. This means that fragile workers can take advantage of smart working, but not parents.
Fragile workers: who are they?
To understand which workers are included in the category of "fragile" reference should be made to the decree of Ministry of Health of 4 February 2022 which identifies "chronic pathologies with little clinical compensation and with a particular connotation of seriousness, in the presence of which the work presentation is normally carried out in agile mode".
Frail workers are also patients with "marked impairment of the immune response", for example cancer patients or those awaiting a transplant, those undergoing therapies "based on T cells expressing a chimeric antigen receptor (Car-t)", a treatments with immunosuppressive drugs. Workers suffering from immunodeficiencies, renal insufficiency or those who have clinically recognized three or more pathologies including ischemic heart disease, arterial fibrillation, heart failure, stroke, diabetes mellitus, chronic obstructive pulmonary disease, chronic hepatitis and obesity are fragile.
When will the new rules on smart working come into force?
The Milleproroghe decree was approved on February 15 in the Senate with 88 yes, 63 no and 3 abstentions. The provision now passes to the Chamber and must be converted by 27 February. The government has announced that will pose the question of trust. From the Conference of Deputies' group leaders it emerges that the trust should be placed on Tuesday 21 February (with the general discussion on the text which will begin after the final vote on the Fuel Decree) to be voted on on Wednesday 22. The final vote it should be held on Thursday 23. The text expires on 27 February.
Once definitively approved, the decree will be published in the Official Gazette and, at that point, the changes will take effect for parents with children under 14 for whom the benefit expired on 31 December 2022. For fragile workers, on the other hand, in practice nothing will change except for the expiry of the simplified regime, which will pass from 31 March to 30 June.
