Smart working, in arrivo l’accordo per il privato

Roma, 24 novembre 2021 – Sullo smart working nel privato potrebbe arrivare un accordo. Il ministro del Lavoro, Andrea Orlando, ha presentato una bozza sulla quale ha chiesto le considerazioni delle parti sociali “per poi cercare un accordo conclusivo entro la fine della prossima settimana, ovvero entro il 3 dicembre”. Intanto, da alcune dichiarazioni si deduce che il testo potrebbe avere il via libera. I sindacati, per esempio, giudicano positivamente la bozza, con la Cgil che sottolinea positivamente il ruolo della contrattazione e parla con la segretaria confederale Tania Scacchetti di un “buon punto di equilibrio nella discussione”. “Crediamo che il testo – afferma la segretaria confederale Uil Tiziana Bocchi – rappresenti un punto di equilibrio tra le varie sollecitazioni, soprattutto laddove si ravvisi il rimando alla contrattazione collettiva, che ha già individuato negli ultimi mesi percorsi e soluzioni innovative”.
Questi i punti delle norme su questa tipologia di lavoro, che arrivano dopo che il pubblico impiego ha varato il suo modello: sarà possibile con un accordo individuale tra datore di lavoro e dipendente nel quale si indicherà la durata di questa modalità di lavoro, l’alternanza tra i periodi di lavoro all’interno e all’esterno dell’ufficio, i luoghi eventualmente esclusi per lo svolgimento della prestazione, gli strumenti di lavoro, i tempi di riposo e le modalità di controllo. Si dovrà inoltre indicare – secondo la bozza sulla quale si sta lavorando – l’attività formativa eventualmente necessaria per lo svolgimento della prestazione di lavoro in modalità agile.
La giornata lavorativa svolta in modalità agile si caratterizzerà per l’assenza di un preciso orario di lavoro e per l’autonomia nello svolgimento della prestazione da parte del lavoratore, ma si individuerà la fascia di disconnessione nella quale il lavoratore non eroga la prestazione lavorativa. Si potranno chiedere i permessi orari previsti dai contratti collettivi e quelli previsti dalla legge 104 ma non saranno previsti straordinari. In caso di malattia, ferie o infortunio il lavoratore potrà disattivare i propri dispositivi di connessione e, in caso di ricezione di comunicazioni aziendali, non sarà comunque obbligato a prenderle in carico prima della prevista ripresa dell’attività lavorativa.
La strumentazione tecnologica e informatica necessaria allo svolgimento della prestazione lavorativa in modalità agile sarà fornita dal datore di lavoro che si farà carico anche delle le spese di manutenzione e di sostituzione della strumentazione fornita. Eventuali danni riconducibili a un comportamento negligente da parte del lavoratore gli saranno addebitati.
La prestazione effettuata in modalità di lavoro agile dovrà essere svolta esclusivamente in ambienti idonei sia per la salute e sicurezza sia per l’esigenza di riservatezza dei dati trattati. Il lavoratore agile avrà diritto alla tutela contro gli infortuni sul lavoro e le malattie professionali, dipendenti da rischi connessi alla prestazione lavorativa resa all’esterno dei locali aziendali. Il lavoratore agile avrà diritto allo stesso trattamento economico e normativo dei lavoratori che svolgono le stesse mansioni esclusivamente all’interno dei locali aziendali anche per quanto riguarda i premi di risultato.

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