scheduled for 30 September, as established by the law converting the Labor decree, the end of smart working for workers defined as super-fragile, i.e. those suffering from serious chronic pathologies (identified in the ministerial decree of 4 February 2022) with poor clinical compensation and with particular connotation of gravity and operate in both the private and public sectors. The law, so far, has provided that they do not have the right to remote work conditioned on the compatibility of their tasksalso through the assignment to a different job included in the same category or area of classification, as defined by the collective labor agreements in force, without any reduction in the salary received.
Parents of under 14s in smart until December 31st
The rule, however, does not take into consideration those situations in which there are no tasks that the employee can carry out remotely and remains with the employer the decision on how to regulate it, not being able in any way to oppose smart working to the super-fragile worker. On the contrary, i parents of children under 14 and professionals who risk greater exposure to Covid-19 infection (by age, presence of oncological pathologies or carrying out life-saving therapies) have the extension confirmed until 31 December. In this case, however, the constraint of job compatibility is valid: this means that the employer is authorized to deny smart working if the tasks that the applicant performs do not give the possibility of working remotely.
What to do from October 1st
The difference in date is probably explained by the implications of higher costs borne by the employer regarding the protection of remote work for super-fragile workers compared to the two categories that are protected until the end of the year . What will happen when, from October 1st, smart working will come to an end for people suffering from serious pathologies? Among the government’s priorities there do not appear to be new provisions for further extensions, so there is a solution to avoid recalling the activity on site the request for a medical certification that places them in the fragile condition, at greater risk of contagion and therefore with the deadline for remote work set at 31 December (even if linked to the compatibility of the tasks).