{"id":5790,"date":"2022-05-25T11:02:00","date_gmt":"2022-05-25T11:02:00","guid":{"rendered":"https:\/\/toffolettodeluca.it\/?p=5790"},"modified":"2022-06-15T11:08:44","modified_gmt":"2022-06-15T11:08:44","slug":"smart-working-guide-to-updates","status":"publish","type":"post","link":"https:\/\/toffolettodeluca.it\/en\/smart-working-guide-to-updates\/","title":{"rendered":"Smart working – guide to updates"},"content":{"rendered":"\n

New protection for the vulnerable employees and extension of simplified working. These are the main new provisions in Law no. 52 of 19 May 2022 converting, with amendments, Decree no. 24\/2022 (the so-called Reopening Decree). <\/p>\n\n\n\n

Despite the fact that the state of emergency ended on 31 March 2022, the legislature continues to use smart working as a fundamental anti-contagion measure, providing the following timeline for the coming months:<\/p>\n\n\n\n

30 June<\/td>Parents of severely disabled children or those with BES (Special educational needs)Severely disabled or immunocompromised workers<\/td><\/tr>
31 July<\/td>Parents with children under the age of 14Workers deemed at risk of contagion by the company doctor<\/td><\/tr>
31 August<\/td>Implementation without agreement for all private sector employeesSimplified communication<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Below are details of the provisions in force<\/p>\n\n\n\n

Simplification<\/strong><\/p>\n\n\n\n

As has been the case since the beginning of the pandemic, employers will be able, until 31 August, to use smart working even without individual agreements, adopting the same simplified communication methods applied to date: online transmission of just the names of the employees involved (giving start and end dates) accompanied by an e-mail with safety information as required by law.<\/p>\n\n\n\n

Vulnerable employees<\/strong><\/p>\n\n\n\n

At greater risk<\/span><\/p>\n\n\n\n

Extension until 31 July 2022 of the right to smart working for employees certified by the company doctor as running a greater risk of contagion due to age or immunosuppression, resulting from oncological pathologies or ongoing life-saving therapy or, in any case, comorbidity.<\/p>\n\n\n\n

In line with this right, employers are obliged, again until 31 July, to guarantee these individuals exceptional health surveillance by the company doctor or, when the company is not obliged to have one, by INAIL occupational doctors.<\/p>\n\n\n\n

The severely disabled and other categories\u00a0<\/span><\/p>\n\n\n\n

Until 30 June, severely disabled employees or those with a certified condition (as a consequence of immunosuppression or oncological pathologies or ongoing relative life-saving therapies) will also normally work in smart working. It should be noted that these persons may also be assigned different tasks as long as the latter come under the same classification.<\/p>\n\n\n\n

Also extended until 30 June is social security protection for employees suffering from severely incapacitating pathologies as detailed in Ministerial Decree of 4 February 2022 who are unable to use smart working.<\/p>\n\n\n\n

The absence of such employees is, in fact, treated as hospitalisation with consequent recognition of relative sick pay:<\/p>\n\n\n\n