With the company law decree n. 183 of 31 December 2020 the extension of the terms established by the legislative provisions connected to the state of epidemiological emergency from Covid-19 was ordered until the date of its cessation and in any case no later than 31 March 2021. In this regard, the deadline has been extended for which private employers can arrange smart working for each employment relationship even in the absence of individual agreements required by law.
Specifically:
- the legal obligations relating to information on health and safety in smart working are fulfilled electronically, also using the documentation made available on the INAIL website;
- Employers must notify the Ministry of Labour, electronically, of the names of the workers and the date of cessation of work in agile mode, using the documentation made available by the same Ministry.
Since to date the state of epidemiological emergency from Covid-19 is declared until 31 January 2021 and with the law of 27 November 2020, n.159 the provisions referred to above on smart working had already been extended until 31 January 2021 and in any case until end of the state of emergency, employers will have to pay attention to the continuation of the extension of these provisions in the light of the possible continuation of the state of emergency in progress.
Furthermore, the provisions of the August decree per quanto riguarda the right to smart working during the quarantine or suspension of face-to-face teaching activities relating to cohabiting children under the age of 16 and those of the Refreshments decree that allow to employed parents, alternately with each other, to carry out the work activity in smart working mode, where possible, for all or part of the duration of the child's quarantine cohabitant, ordered by the competent health authority following contact that occurred in school premises or in the performance of basic or motor sports activities in dedicated structures such as gyms, swimming pools, sports centers, both public and private, or in the case of suspension of teaching activities in the presence of the cohabiting child.
Furthermore, the August decree establishes that until 30 June 2021 working parents employed by private employers who have a child in conditions of serious disability, recognized pursuant to law 104/92, have the right to carry out work agile even in the absence of an agreement with the employerprovided that the other parent is also a worker and that the work activity does not necessarily require physical presence.
Finally, related to the so-called fragile workers, i.e. those workers most exposed to the risk of Covid-19 contagion, as they present previous pathologies, as defined by the circulars of the Ministry of Labor in agreement with the Dicastery of Health, the 2021 Budget Law extended to the period from 1 January to 28 February 2021 the application of the provisions on smart working envisaged by the decree Care Italian, according to which these workers usually carry out their work in agile mode also through the use of a different job included in the same professional category or contractual classification, or even remotely benefit from specific professional training activities.
The 2021 Budget Law also has extended to the period from January 28st to February XNUMXth 2021 also the disposition of the Cura Italia decree which equates periods of absence from service to hospitalization (with an allowance equal to 60% of salary, if there are no dependent family members) for public and private employees in possession of certification issued by the competent medico-legal bodies certifying a condition of risk deriving from immunosuppression or from outcomes from oncological pathologies or from the performance of related life-saving therapies, including workers in possession of the recognition of disability with a serious connotation.
