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Jobs Act for autonomous workers and smart working

  • Italy
  • Employment law

21-06-2017

The Draft Law that has just been approved by the Senate in the last month of May- the so called “Jobs Act for self-employed workers” (“the Decree”) - contains a comprehensive set of rules, which are applicable to both self-employed workers and employees.

With respect to self-employed workers, the most relevant provisions hereto contained state that: a) a contract term which provides for the right of the customer to unilaterally modify the terms and conditions of the contract, or to terminate the contract without notice, or that provides for a period for payment longer than 60 days, is “unfair”, and thus without effect; b) the contract shall be in writing; d) the self-employed worker is entitled to the inventions created during the execution of the contract.

Moreover, the Decree introduced new measures of protection of self-employed in case of maternity, sickness and injury, during which the contract is suspended with no right to salary, and fiscal incentives for the costs of training and of personalized services for certification of competences.

Furthermore, the Decree introduced a definition of “coordination” in the Code of Civil Procedure, with respect to the so called “collaborazioni coordinate e continuative” – self-employment relationship on a continued and coordinated basis: a self-employed worker is considered “coordinated” when, with respect of the coordination arrangements established by agreement between the parties, he organizes independently his activity.

The Decree also covers the so called “lavoro agile”, i.e. smart work, and provides for a set of rules aimed at promoting this new modality of execution of the employment contract, to be agreed between the parties: smart work is based on phases, cycles and objectives, it is has not fixed work hours or a fixed workplace, though it has to be executed within the limits of normal working hours.

Smart work is based on the use by the employee of technological devices, of which the employer is responsible: the relevant provisions are also applicable to Public Administrations, and fiscal incentives are to be recognized to the smart worker as well for their traning. The agreement of smart working shall be concluded in writing, and shall identify rest times, with the right of the employee to disconnect. The smart working agreement may be either fixed-term or non-fixed term; in the latter case, termination shall be with notice of at least 30 days. Smart workers shall enjoy a treatment at least equivalent to the one of the employees who work in the employer’s premises, and the power to monitor the concerned employee shall be exercised within the limits of Article 4 of the Law n. 300 of May 20th, 1970 (“Statute of Workers”). The smart worker has the right to be protected against accidents at work and occupation diseases deriving from the risks connected with the performance of his duties outside the employer’s premises.

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