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The legislator has issued, one shortly after the other, two different smart working provisions, which has led to the introduction of two different regimes.
After the ‘Simplification Decree’ came into force, the ordinary smart working procedure was reintroduced from the 1st of September.
The decree requires that employers are again required to sign an individual agreement with employees, as required by Law 81/2017, in addition to sending the electronic communication on the Cliclavoro portal.
Subsequently, however, the ‘Aiuti-bis Decree’ has extended the emergency procedure until the 31st of December 2022. This now allows employers once again, to implement smart working using the ‘simplified’ communication on the Cliclavoro portal and without the need to sign an individual agreement with each employee.
Given the coexistence of the two regimes, the Ministry of Labour intervened by clarifying that the emergency procedure must be applied (i) to smart working performance in the absence of an individual agreement, which ends by the 31st of December 2022 or (ii) even with the presence of an individual agreement, providing that the aforementioned expires by the same date.
On the contrary, the ordinary procedure must still be used by employers who have entered into individual open-ended smart working agreements or who have a expiration date after the 31st of December 2022.
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