Emergency state: the end of the tunnel?

18 March 2022

It would seem definitive, according to the statements of the Prime Minister, the date of March 31, 2022 as the end of the state of emergency.  The pandemic, beyond the many deadlines, is raising doubts according to what is reported by some studies of the Istituto Superiore di Sanità in our country, in fact the index of infections would show a reversal of the trend.

The government, during the declarations of last February 23, declared the government’s intention not to extend the state of emergency currently in force.

But what will happen with April 1, 2022.  These two years have given us the opportunity to experiment with a work flexibility (smart working), where possible, which has given an acceleration to digitization in our country.

Beyond the conflicting opinions on whether or not the adopted mode works, after March 31 we wonder what will change for the activation of remote work?

It will no longer be possible to adopt the simplified procedure for the activation of smart working. Article 90 paragraphs 3 and 4 of Legislative Decree 34/2020 explains that only until the end of the emergency status the employer (private sector) could directly send the names of the workers involved through an IT application, made available by the Ministry of Labor and Social Policies, without attaching any agreement with the worker.

In truth, Law no. 81/2017 already  gave the possibility to undertake the organizational flexibility with which by mutual agreement between the parties (employer and worker) and upon signing an individual agreement the worker was allowed to work remotely, maintaining equal economic and regulatory treatment with respect to their colleagues who perform the service in ordinary mode.

In fact, Circular no. 48/2017 illustrates the ways in which cases of accidents and occupational diseases are also protected.

The presentation methods for the start of the flexible working mode, subject to regulatory changes and in the absence of a state of emergency, should take place through an IT platform made available on  the portal of the services of the Ministry of Labor and Social Policies. When sending the individual agreement, the following data must be indicated:

  • Employer data
  • Worker/workers’ data
  • Type of agile work (fixed or indefinite)
  • Duration

We just have to wait for confirmation and / or news from the government. There may be preconditions for a regulatory change on the performance of work, where possible, in the private sector.


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