Smart working: the right to disconnect for parents with children in distance learning is recognized on an experimental basis by Autostrade per l’Italia. Let’s see what the stipulated trade union agreement provides.
With smart insurance working, the right to disconnect is recognized for parents with children in distance learning, the one we have come to know as Dad.
The experiment comes from, which based on a trade union agreement signed with the unions provides for the right to disconnect for employees who have children home in distance learning in this phase of the pandemic with the restrictions imposed by the government.
The last Dpcm of the government introduced the obligation to close schools right from the nursery schools. The Covid decree in force since March 15 instead introduced a babysitter bonus for self-employed and specific categories of employees and parental leave, measures that are, however, considered insufficient.
Some companies organize themselves, such as Autostrade, which introduces the right to disconnect for employees in smart working with their children in Dad. Let’s see how it works.
Smart working: the right to disconnect for parents with Dad children
With smart working, parents with children in distance learning will have the right to disconnect, recognized thanks to the agreement Autostrade per l’Italia has stipulated for its employees.
In detail, Autostrade’s working parents in smart working will have about an hour and a half of the right to disconnect recognized to manage the family and children in distance learning over a period ranging from 8 am to 1 pm.
For the moment, this is an experiment: the workers in smart working weekly can agree on the hours of right to disconnect for the Dad of the children. Therefore the hours will not have to be recovered and will be fully borne by the company.
Parents with children in Dad may, in some cases, also request the right to disconnect outside the morning time slot set by the agreement.
As we have said, it is an experiment at the end of which the company and the unions will meet to verify the outcome and understand if the project can extend over time.
The choice to continue with the right to disconnect as understood for those in smart working will also depend on the degree of satisfaction of the workers concerned.
In truth, the right to disconnect should be understood differently from what was thought in the Autostrade project. It is not a right to disconnect provided only to assist children in Dad, but it should always be guaranteed for workers in smart working and not.
Smart working and the right to disconnect
In January, the European Parliament approved the Resolution on the right to disconnect in smart working and more.
The approved Resolution thus defines the right to disconnect:
“Failure to carry out business activities or communications using digital tools, directly or indirectly, outside working hours.”
The right to disconnect thus does not only concern smart working workers, but all workers. With the Resolution approved, the EU Parliament invites the European Commission to draw up a Directive that all Member States will then have to adapt.
Therefore, the Directive, which does not yet exist, will have to be implemented by the individual States. The right to disconnect in smart working is governed by Article 19 of Law 81/2017, but which leaves it to the private agreement between employer and employee, an agreement which also includes the possibility of carrying out work in agile mode; with the Covid emergency, this rule has been derogated for a year, and the smart working agreement is not necessary.
Trade unions have long been asking for the right to disconnect and, therefore, smart working to be further regulated with the CCNL. There is also a commitment on the part of the government regarding the PA, for example. Between trials and the upcoming EU Directive, things could soon change for smart working workers and beyond.