Approved the Teleworking Law

This is how remote work is regulated

Author: Antonio Gentile

The new Law that regulates Teleworking has been approved this Tuesday, September 22, 2020 in the Council of Ministers through a Decree-Law after months of uncertainty due to the increase distance work contracts lately.

However, this decree will not apply to companies that have implemented this work modality due to the pandemic. Said companies in fact will not have to formally comply with the new regulations, but they will have to cover the expenses incurred by the worker to carry out their activity remotely. In addition to ensuring training through these types of contracts, companies will be obliged to provide workers with the means, equipment and tools required for the development of remote work, as well as any necessary maintenance.

The text also defines, among other things, that distance work will be voluntary for the worker and for the company, as well as reversible. Neither the worker can impose teleworking, nor can the company force the worker.

On the other hand, some points of the decree, especially on the subject of “control of the company” leave room for some doubts about the limits to this control. According to the text, the company may “adopt the measures it deems most appropriate for surveillance and control” to verify the compliance of workers with all their obligations and labor duties, but with due consideration for their dignity. This, like many other points, will be discussed in the coming months between the social parties and the Government.

The law will have a transitional period of one year – which could be extended in collective bargaining up to a maximum of three years – for the application of the rule to labor relations that were already regulated by a collective agreement or agreement and that do not foresee a period of validity.

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