As we reported in our previous article, after the adoption of the Law on telework in August 2021, some issues still had to be addressed through contractual regulations between the parties to the employment relationship or by the regulations to be issued by the Executive Branch, such as the Decree just adopted.

The main provisions are the following:

1.  Hybrid work: the Decree formally introduces, at art. 1, the concept of “hybrid work” for cases in which the provision of work is partially outside the physical environment provided by the employer, predominantly using information and communication technologies, either interactively or not (online – offline).
2. Contract: the contract governing teleworking must be in writing and may be signed before or during the employment relationship. The contract must provide for:

- the choice of modality

- the indication of the place or places from which the teleworking shall be carried out, or, where appropriate, the possibility for the teleworker to choose them freely;

- the organisation of the hybrid working regime;

- the declaration and definition of working hours;

- establishment of rest times (intermediate, between days and weekly) and disconnection;

- time and attendance recording system with a brief description of it, in cases where the employer decides to implement such records;

- form of provision of information technology.

3. change of work modality: the permanent (if the work is performed in one or the other mode for more than 45 (forty-five) days) change, from face-to-face to telework and from telework to face-to-face, must be mutually agreed between the parties and documented in writing.
4. working day: the total time actually worked shall not exceed the statutory maximum weekly working hours applicable to the activity to which the employing undertaking or institution belongs, or the limit laid down in the contract. The teleworker may freely distribute the working day according to the hours that best suit his needs, taking into account the operating hours and the needs of the company, depending on the type of service or activity carried out by the employer;
5. right to disconnect: there shall be a minimum disconnection of 8 (eight) continuous hours between one working day and the next, as well as during rest and leave times. During this period, the teleworker has the right not to respond to communications, orders or other requests and he cannot be penalised for exercising his right to object to performing tasks during the period of disconnection.
6. attendance record: the parties may agree on the system for recording attendance for the purpose of determining the hours worked by the teleworker during the week. If agreed, it should be included in the employment contract or in the telework agreement.
7. social security and health: the telework site should comply with the health and safety conditions required by current regulations. The occupational risks to which teleworkers are exposed, including psychosocial and ergonomic risks, should be identified and assessed.
8. tools and equipment: The parties shall agree on the form of provision of equipment, supplies and services necessary for teleworking, which shall be set out in the employment contract. In the absence of agreement, the equipment, supplies and services necessary for teleworking shall be provided by the employer, and the employer shall be responsible for the costs of installation, operation, functioning, replacement and maintenance of the equipment.