The results of checks on work tools and appliances, such as smartphones and tablets, can therefore be used with two stakes: preventive information to the worker and respect for privacy rules, but the authorization of the union and the ministry is not required as is the case for video cameras. Goodbye to blank resignations, which were requested by the employer at the time of hiring.
Job Act, yes to the new package of implementing decrees. Remote controls according to privacy.
(Teleborsa) - IThe Government has finally given the green light to the new package of implementing decrees of the Job Act, the labor market reform that came into force last autumn, which required the issuing of ministerial decrees on various aspects of the employment relationship.
A first decree approved last June regulated parental leave, motherhood and a series of other aspects related to the employment relationship and the family.
The most debated topic of this new package concerns remote controls of the employer and has fueled much controversy due to privacy issues. Precisely on this point, the Minister of Labor Giuliano Poletti made some reassurances, specifying that remote controls could take place only in respect of privacy and will not allow the employer to carry out the check using equipment (mobile phones or tablets) supplied to the workers.
Goodbye to blank resignations, which were requested by the employer at the time of hiring, to save himself from any future eventuality, such as maternity. Now, the resignation must be requested with a special ministerial form, dated and numbered, downloaded online and without the possibility of "cheating".
Introduced the institution of the Single Inspectorate, to improve the quality of controls and the efficiency of the administration, abolishing the fragmentations existing until now.
Extended layoffs, to encompass approx 1.4 million workers of smaller companies (those employing 5 to 15 employees). As for the Naspi, will last 24 months, over a rolling five-year period, which rises to 36 months in case of use of solidarity.
Minister Poletti said he was very satisfied the approval of decrees. "Today we have completed a reform process of great importance and in an extremely short time", commented the undersecretary Claudius DeVincenti.
| Audiovisual | Press conference at the end of the Council of Ministers n.79 | |
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On the controversial subject of remote controls, Poletti said that a regulatory vacuum had been "filled": "We have modified article 4 of the Workers' Statute to identify a new regulation in respect of privacy by filling a vacuum not on fixed systems but on tools supplied to the workers. The results of checks on work tools and appliances, such as smartphones and tablets, can therefore be used with two stakes: preventive information to the worker and respect for privacy rules, but the authorization of the union and the ministry is not required as is the case for video cameras. As for the rationalization of the targeted inclusion of the disabled: «We have a good law, the only problem is that compared to one hundred registered on the list we are now under the 3%: less than three out of every hundred find a job. We therefore thought of making these regulations simpler and changing the incentive system».
Extract from Il Sole 24ORE – 04/09/2015 [full article click here]
Cdm, ok to the last 4 decrees of the Jobs Act.
Remote controls. “What was needed was a clear law that respected privacy and the law respects both of them,” claims Poletti, explaining the changes made by the CDM to the remote controls chapter, at the center of a tug-of-war between the government and Parliament. "We have modified article 4 of the Workers' Statute to identify a new regulation in respect of privacy by filling a void not on fixed systems but on the tools supplied to workers", he explains at the end of the CDM. “Today we have a comprehensive law with clear and defined rules in respect of privacy”, he concludes. In particular, the solution chosen to unravel the skein envisages: a union agreement to be able to install a fixed surveillance system while no authorization will be required to equip workers with work tools from mobile phones to tablets to PCs. The company, on the other hand, will have to "adequately inform" the worker about the control potential of both the systems and the tools and respect the privacy rules. Remote controls on the work devices supplied to workers can only take place in compliance with privacy legislation. "The law extends the controls on new work tools (tablets, mobile phones), the use of information can only be done in respect of privacy but union or ministry authorization is not required for mobile phones and tablets, only for cameras”.
«Now is phase two, that of implementation», concluded Poletti. «With respect to all these rules, we have provided a monitoring and verification instrumentation for each provision, a committee that will evaluate the results of this work. We are in favor of regulatory stability, but neither can we say that we will not touch the wrong things".
Extract from L'Unità – 04/09/2015 [Click for the complete article here]
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Ed.: THE UNBELIEVABLE COMPROMISE. When the text is made public we will certainly know more. From what emerges from the declarations it seems that a compromise has been reached by declaring a more acceptable legislative form but essentially without changing anything.
There must be no control software on the devices used by employees, as this would be a violation of privacy laws, says Poletti.
However, whether from a work application, installed on a PC or a smartphones in use by the worker for professional reasons, it is ordinarily possible to infer data on the performance of the individual worker's work performance, then the use of this data will be legitimate for retribution and disciplinary purposes, therefore for the provision of bonuses but also of penalties.
They have neither sense of ridicule nor shame.
