Law no.81/2017 introduced a system of interventions designed to ensure the strengthening of social and economic protection for independent contractors and to develop flexible working performance arrangements within the employment relationship. The aim of this law is to improve competitiveness and facilitating the reconciliation of working and living times.
Concerning independent contractors, the clauses giving the principal the right to unilaterally modify the terms of the contract, are now considered unlawful. Also considered unlawful are clauses giving the right to withdraw from the contract without proper notice in the case of a contract for a continuous performance.
In addition to that, a proper regulation has been given to the “Smart work”, considered as a particular way to perform work, based on flexibility of working hours and workplace, in force of the use of IT devices.
The worker is entitled to the same economic and regulatory treatment of the colleagues who carry out the same duties exclusively within the company.
Employees will be able to work partly inside the Company and partly where they want, but always within the daily and weekly hours.
Part of the agreement will be devoted to detailing the “right to disconnect”.