I’ll explain what really changes in the Public Administration on smart working after Brunetta

1 May 20213 years ago babelfish

The government did well to eliminate the minimum percentage threshold of state employees in smart working. Here because. Luigi Olivieri's post

A wind of alarm stirs the desks of many operators, dismayed by the modification of article 263, of legislative decree 34/2020, by the "extension decree", which cancels the obligation to have 50% of employees in agile work in emergency.

The question that everyone is asking is: what to do from Monday 3 May?

The answer is simple and trivial: nothing that is not normal and ordinary activity strictly connected to the functions of the managers or service managers, in charge of the organizational top management of the structures.

The government did well in eliminating the minimum percentage threshold of employees in smart working, for the very simple reason that the amount of staff that can be used with this method of carrying out the employment relationship does not lend itself to being predetermined from above and from Rome.

On the other hand, it is perfectly normal for the Legislator to instruct each entity to establish, on the basis of the exercise of autonomous organizational powers, if and how much personnel can be disposed of in smart working.

In fact, the decree leads back not so much to a "normality" on the health level, which unfortunately still seems to be a long way off, but rather to the level of the necessary organizational autonomy of the administrations.

The rule has been rewritten as follows (we limit ourselves to the first two sentences of article 263):

"1. In order to ensure the continuity of the administrative action and the swift conclusion of the proceedings, the administrations referred to in Article 1, paragraph 2, of Legislative Decree no. 165, adapt the operations of all public offices to the needs of citizens and businesses connected to the gradual restart of production and commercial activities. To this end, until 31 December 2020 until the definition of the discipline of agile work by collective agreements and, in any case, no later than 31 December 2021, notwithstanding the measures referred to in Article 87, paragraph 1, letter a) , and paragraph 3, of the decree-law of 17 March 2020, n. 18, converted, with amendments, by law 24 April 2020, n. 27, organize the work of their employees and the provision of services through the flexibility of working hours, reviewing the daily and weekly articulation, introducing scheduled interlocution methods, also through digital solutions and not in presence with users, applying agile work, with the simplified measures referred to in paragraph 1, letter b), of the same article 87, to 50 percent of the staff employed in the activities that can be carried out in this manner and in any case on condition that the provision of services aimed at citizens and businesses takes place with regularity, continuity and efficiency, as well as in strict compliance with the times provided for by current legislation ".

What happens then? Not much:

agile work remains in derogation of law 81/2017, ie without the need for an individual agreement;
therefore, it is still the public employers who determine whether and which employees can access smart working.

Does anything change with respect to the operational responsibilities of the top management? Very little, almost nothing.

In fact, the condition remains that agile work is admissible as long as "the provision of services aimed at citizens and businesses takes place with regularity, continuity and efficiency, as well as in strict compliance with the times provided for by current legislation", exactly as before.

Only the reference to the need to place 50% of the personnel employed in activities that can be carried out in this way is skipped.

But, on closer inspection:

it is quite natural that only personnel who carry out activities compatible with agile work can be placed in smart working;
the bodies and managers or service managers should have already identified, for months, these activities compatible with smart working and respectful of the condition of maintaining (if not improving) the efficiency of the services:

in application of the Ministerial Decree of 19.10.2020 (forgotten by many);
in application of the POLA, if adopted;
in any case, even in the absence of both, in application of obvious and inalienable operational and organizational obligations, intimately connected to the management function.

So, very trivially, from 3 May the institutions will only have to carry out a further survey on the organizational methods adopted up to now and on the quantity of personnel in sw, in light of the need to guarantee – as until yesterday – efficiency services.

Nothing obliges you to reset smart working as already organized: the administrations can very well confirm the current situation, if the survey highlights management efficiency. The cancellation of the mandatory 50% percentage does not give rise to the need to eliminate smart working: it simply gives administrations full autonomy and operational responsibility.

(Article taken from Luigi Oliveri's Blog , here the full version)

This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/innovazione/smart-working-che-succede-ora-che-salta-il-minimo-del-50-nel-periodo-demergenza/ on Sat, 01 May 2021 05:03:31 +0000.