REFORM – Giornale di Sicilia

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ROMA. “union agreement or ministerial approval are not required for assigning workers the tools used to make work performance, although the same derives also the possibility of a remote control of the worker “. So the decree Jobs Act changes the status of employees on remote controls and mobile phones and PCs to employees.

To explain specifically what’s new is the explanatory memorandum accompanying the text of the legislative decree in which referenced “to the tools used by the employee to make the performance of work and the tools of access logging and presence” to control which does not serve green light. In particular, it is the legislative decree on measures for rationalization and simplification of procedures and obligations for citizens and enterprises and other provisions on employment and equal opportunities, in implementation of the Jobs Act, awarded – together with the other three that complete delegation – to both Houses to the opinions of the committees (for which they have 30 days), after the first green light by the Council of Ministers last Thursday.

Article 23 the legislative decree in question that, therefore, the new control regulation remote worker , rewriting the provisions of article 4 of the Statute of workers. In practice, the new features include technological devices (such as computers, tablets and phones made available to employees by the company) and the tools to measure access and presence as the badge. In other cases, however, to install audiovisual equipment and other engineering controls serve the union agreement or authorization from the Ministry of Labour (for companies with more units located in one or more regions).

The resulting data can be “used for all purposes related to the employment relationship , provided that the employee is given adequate information about how to use the instruments and the performance of controls, always However, in compliance with the Privacy Code, “we read more in the report. In detail, the first paragraph of the article states that “the audiovisual equipment and other tools from which derives the possibility of remote monitoring of workers can only be used for organizational and productive, to job security and for the protection of corporate assets and can be installed prior collective agreement concluded by the unitary trade union representation or the company union representatives.

In the absence of agreement may be installed upon the Management authorization territorial labor or, alternatively, in the case of companies with production plants located in the areas of responsibility of several Directorates territorial labor, the Ministry of Labour and Social Policy “. It continues: “The provision in the first subparagraph shall not apply to the instruments used by the employee to make the work performance and the tools of access logging and presence.”

So it is stated that “The information gathered pursuant to the first and second subparagraph shall be used for all purposes related to the employment relationship provided that the employee is given adequate information of how to use the tools and carrying out checks and compliance with the provisions of Legislative Decree 30 June 2003 n. 196, “the privacy code.

If the worker is not adequately informed of the existence and how to use the equipment remote control and procedures for carrying out checks “the data collected can not be used in any order, even disciplinary .” It clarifies the Ministry of Labour in a note on the decrees of the Jobs Act.

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