Smart Working, Smart Law: Trust and Collective Bargaining Agreements to Reshape Labor Relations in the Post Covid-19 Restart · The covid-19 pandemic has led the Italian Government to issue regulations to promote and spread “agile work”, introduced into our legal system with Law No. 81 of 2017. This type of contract, commonly referred to as smart working, is characterized by a particular “mode of performance” of the subordinate work service, agreed between employer and employee, which offers the latter to carry out part of the work activity in places other than company premises and within certain time slots. The agility that characterizes this form of work is not a simple evolution of remote work. Agile Work, in fact, changes the relationships between employers and employees, modifies family relationships and upsets traditional social constructions of space, time and place. The percentage of Italians who found themselves working in smart working mode during the pandemic emergency is 9%, but 56% of Italians would like to work in smart working mode after the end of the emergency, even for just one day a week.1 Like all phenomena that bring about social, economic and cultural change, agile work has ambiguous and paradoxical characteristics. May improve quality of life or increase workload and anxiety. May resolve or exacerbate family conflicts. It can positively or negatively affect productivity. In this research work, we will examine the ambiguities of current Italian law as well as the advantages, disadvantages, undesirable and perverse effects of smart working, emphasizing that any solution designed to solve certain problems creates other predictable or unexpected ones. The analysis of the norm makes it possible to evaluate possible areas of legislative intervention and the role that collective autonomy can take on in favor of a balance between the needs of employers and employees. The analysis of undesirable effects, on the other hand, raises the question of the changed relationships of trust w ith respect to the new working practices.
Smart Working, Smart Law: fiducia e contrattazione collettiva per rimodellare le relazioni nella ripartenza post-covid19
DAlessandro S;Raimondi E
2021-01-01
Abstract
Smart Working, Smart Law: Trust and Collective Bargaining Agreements to Reshape Labor Relations in the Post Covid-19 Restart · The covid-19 pandemic has led the Italian Government to issue regulations to promote and spread “agile work”, introduced into our legal system with Law No. 81 of 2017. This type of contract, commonly referred to as smart working, is characterized by a particular “mode of performance” of the subordinate work service, agreed between employer and employee, which offers the latter to carry out part of the work activity in places other than company premises and within certain time slots. The agility that characterizes this form of work is not a simple evolution of remote work. Agile Work, in fact, changes the relationships between employers and employees, modifies family relationships and upsets traditional social constructions of space, time and place. The percentage of Italians who found themselves working in smart working mode during the pandemic emergency is 9%, but 56% of Italians would like to work in smart working mode after the end of the emergency, even for just one day a week.1 Like all phenomena that bring about social, economic and cultural change, agile work has ambiguous and paradoxical characteristics. May improve quality of life or increase workload and anxiety. May resolve or exacerbate family conflicts. It can positively or negatively affect productivity. In this research work, we will examine the ambiguities of current Italian law as well as the advantages, disadvantages, undesirable and perverse effects of smart working, emphasizing that any solution designed to solve certain problems creates other predictable or unexpected ones. The analysis of the norm makes it possible to evaluate possible areas of legislative intervention and the role that collective autonomy can take on in favor of a balance between the needs of employers and employees. The analysis of undesirable effects, on the other hand, raises the question of the changed relationships of trust w ith respect to the new working practices.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
