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This article was published May 24, 2015 at 8:12.
The last change is the 24 May 2015 at 15:24.
It opens to remote controls through the instruments of labor, ie PCs, tablets, mobile business (rather than going to union agreements or labor inspectorate). But you ask the company a clear policy document to be delivered to employees.
would remain at the level of general principle, the prohibition of control systems by directly “finalized” to the monitoring of work performance (the so-called cameras filming the employee). Here, however, it could enjoy an exemption: in cases where there is authorization or administrative union plant equipment as long as related to the needs of security and prevention. And you try to explain, by law, the conflict of case law on the use of the controls: you specify that the results of such tests, whether obtained through plants or tools, authorized or not, you can use for all purposes, then also to obtain information potentially relevant disciplinary.
The technicians of the Chigi Palace and the Ministry of Labour are developing the Decree of simplifying the formalities relating to employment, expected before the Council of Ministers in early June, with the last three Decree implementing the Jobs act (reorganization of layoffs, active policies and agency inspection only).
The highlight of the measure on the simplifications is the updating of Article 4 of the Statute of workers on remote controls. A standard dated 1970 enacted then in time and with reference to a technological and production completely different from the present.
The current Article 4 of the Statute, in fact, prohibits or restricts a lot, use audiovisual equipment or other equipment for the purpose of remote monitoring of workers (can only be installed for safety reasons or in other rare exceptions, but always subject to agreement with the company union representatives or, failing this, with the ‘ ok of the labor inspectorate). A brake considered how new technologies are now an integral part of work. And also the guarantor of privacy has set specific regulations to protect the privacy of workers.
The assumptions on which the government is working to update the article 4 distinguishing controls on those plants on work . Checks on the first, aimed at supervision on job performance, be prohibited. Except in the case where, with the trade union or administrative authorization, the cameras serve to ensure safety. It “sdoganerebbero” completely instead controls on work, for which they would no longer need user permissions whatsoever.
“Here, however, it would be appropriate to also liberalize controls on equipment, such as badges and presence detectors , not covered by Article 4 of the Statute – said Arturo Maresca (Professor of Labour Law, Sapienza, Rome) -. Also, it is positive to have clarified the usability of the checks even for disciplinary purposes. But the arrangement has to be mandatory, and therefore can not be modified by collective agreements. ” Even for Sandro Mainardi (usual right of Labour, University of Bologna), the opening controls through PC, mobile phones and tablet “would be a real novelty. On the one hand, because the equipment must be designed for the performance of the service and not to other illicit purposes; because the other being the ownership of such assets / instruments of corporate matrix has to be granted control over the use of the same. ” Of course, there remains the issue of privacy and of the prior information, “Here the legislature – adds Mainardi – if the precept might get translated into good practice for some time in terms of corporate policies suggested by the Guarantor.” For the experts is positive clarification on the use of the results of audits: “We could overcome the jurisprudential debate on” defensive controls “, and especially about the legality of the trial” electronic “offer in court by the employer, where it is A substantial breach of certain of the worker. “
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