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This agile work ground introduced for the reopening of schools runs the risk of involving complex management after the emergency period.
by Antonello Orlando and Matteo Prioschi
This agile work ground introduced for the reopening of schools runs the risk of involving complex management after the emergency period.
2 ‘reading
With the conclusion of the Covid-19 state of emergency, even recognized smart work periods for employees with children under the age of 14 in quarantine will be managed according to ordinary rules. This is the indication provided by the Ministry of Labor through a Faq published on its website.
The two options
Article 5 of Decree Law 111/2020, relative to the resumption of school activity, establishes that an employee (public or private sector) can resort to smart work in the period in which the minor under 14 years of age living together is in quarantine for follow-up contact (the child’s positivity is not necessary) occurred at school. If the work activity cannot be carried out in an agile way, the parent can enjoy an indemnity leave of 50% of the salary, paid by the State (INPS operating instructions are missing). These two options, available from mid-September to at least December 31, can only be exercised by one of the two parents if both are working and are not available if at least one is already in smart working or not working.
The agreement
The Faq specifies that until October 15, any resource to agile work in this context can be communicated to the ministry itself through the simplified procedure that operates in an emergency period. As of October 16, the expected date of the end of the state of exception, the procedure and ordinary rules must be returned.
Consequently, in the first place, it will be necessary to sign an individual agreement with the employee regulating smart work. And this compliance could also affect a few days (because in some cases the fiduciary isolation can last less than two weeks, it depends after how many days it is recognized that there has been contact with a friend from school or a positive teacher) and could be repeated in time (the chronicles of these days testify that the quarantine of entire classes is anything but a remote hypothesis).
The communication
The agreement must then be notified and sent to the Ministry of Labor through the standard IT procedure which at this time still provides for the upload of the single file in pdf format.
