100% Smart Working for those with children, but this is not always the case

The new rules on smart working are in force. The right to always carry out one’s business from home is valid until 30 June for those with serious health problems and for those with children up to 14 years of age. However, this last opportunity is valid only in the private sector and, moreover, its application is not clear if the company has established specific rules

Made the law, found the catch. Let’s talk about smart working in the simplified mode adopted at the beginning of the pandemic, which the government extended until June 30 for two categories of workers: the frail (for whom it otherwise expired at the end of March) and those who have children under the age of fourteen years, for which – instead – the possibility ended in December.

Full agile work only in the private sector

All those who have serious health problems therefore have the right to always work from home. The opportunity for full smart working for those with children, on the other hand, only applies to private workers, provided that the type of job allows it and that both parents are employed. Therefore, the difference in treatment with the public sector is confirmed but, in any case, it is not clear what happens if the company has already put specific rules on paper.

Sibylline law

Will private employees with young children be able to avoid going to the office every day or will they have to be present a certain number of times as required by internal regulations? The law (the Milleproroghe) does not untie this knot. Thus, in the face of those who argue that smart working must be limited if the company has established limits, there are those who believe that the right to stay at home covers 100 percent of working days because it is a state law (therefore with a higher value than other standards), also not establishing a perimeter would have been done on purpose to protect a specific category.

More stringent rules in the public sector

A clarification from the government could dispel the doubts, which has not meanwhile changed the general discipline for the public sector, where face-to-face work must prevail, but individual administrations can provide for a certain number of days remotely.

“An opportunity not fully exploited”

Finally, it should be remembered that at least part of the work in smart working is currently carried out by 14.9 percent of the employed in our country. A percentage considered low by INAPP (National Institute for Public Policy Analysis), according to which it could reach 40 percent. In 2019, smart working concerned only 4.8 percent of workers and in 2020 (in full Covid emergency) it reached 13.7. This growth trend then “decidedly slowed down”, add the experts, according to whom it is “an opportunity not fully exploited”.