Author: Laura Cinicola
On 16 March 2022, the Chamber of Deputies approved the proposed law entitled “Provisions on agile and remote work”. Consisting of twelve articles aimed at reforming Law 81/2017, the amendment profoundly affects the original article 18, eliminating the word “purpose” and modifying the very definition of agile work. The proposed law defines smart working as a way of working under a contract of employment, voluntarily and with forms of organisation by phases and cycles, as well as with the use of technological tools for carrying out the activity remotely. In general, the amendment gives primary importance to collective bargaining, defines the content of the individual agreement and provides clarification regarding the right to disconnection.
New Type of Paternity Leave becomes Operative
The draft legislative decree has defined the new paternity leave, which becomes mandatory and lasts 10 working days. Paternity leave will be available to working fathers from 2 months before to 5 months after childbirth, in the event of both the birth and perinatal death of the child. This is an autonomous and distinct right due to the working father, which will flank the so-called alternative paternity leave, which is granted only in cases of death, serious illness or abandonment of the child by the mother.
To meet the needs of single-parent families, the overall duration of the right to leave has been increased from 10 to 11 months. The level of the relative indemnity is 30% of the salary, the measure of which is equal to 3 months for each parent, for a total overall period of 6 months. In addition to the above, there is a further period of 3 months with the same salary allowance, transferable between the parents and may be used interchangeably between them. Therefore, without prejudice to the maximum limits of parental leave that can be taken by parents, the number of months of parental leave covered by the allowance has increased from 6 to 9 months in total. The indemnity due to parents, alternatively, for the period of extension up to 3 years of parental leave taken for a child with serious disabilities, is 30%.
Increase in the Age of the Child by which Parents are Entitled to take Parental Leave
The age of the child by which parents, including adoptive and foster parents, may take parental leave, compensated by terms indicated in the above-mentioned section on single-parent leave, is increased from 6 to 12 years.
Freelance and Self-Employed Workers
The draft of the legislative decree has extended the maternity indemnity in favour of freelance and self-employed workers, even for periods of early withdrawal due to a high-risk pregnancy.
Key Action Points for Human Resources and In-house Counsel
- From 1 April 2022 through 30 April 2022, all workers will be able to access workplaces with the basic green pass, including those age 50 and older.
- From 1 May 2022, the green pass will no longer be required to access workplaces.
- The so-called smart work simplified system is extended until 30 June 2022.