New teleworking rules: what changes in 2022

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It gained a large scale in 2020, due to an inevitability; in 2021 it was already the common work model for most companies (which had the possibility of doing so); but it was in 2022 that the new rules for teleworking emerged.

The legal framework for teleworking was changed by Law No. 83/2021, of December 6 and, as we know, for those involved in the area of ​​people management and salary processing, all changes to the rules governing labor relations are of the utmost importance and deserve full attention.

The teleworking legal framework now applies to the private sector, as well as to the Central, Regional and Local Public Administration, with the necessary adaptations. Let's take a look at the main new features:
What changes with the new teleworking rules?
The need for agreement between employee and employer
In most cases, this regime must still be based on an agreement italy whatsapp number database the employee and the employer - a written agreement. However, it may be included in internal regulations, and the written form is now a requirement for validity.

What does the agreement include?
The written agreement must include, without fail, the identification of the place where the employee will usually carry out his/her work, frequency and method of carrying out face-to-face contacts.

Can an employee refuse to work remotely? And what about the employer?
The possibility of the employee being able to refuse the proposal of teleworking made by the employer is foreseen, without it being necessary to justify the refusal and this cannot give rise to dismissal or the application of a sanction. Conversely, when it is the employer who refuses the proposal of teleworking made by the employee, it must be duly justified.

Teleworking has been extended to new situations
The situations in which workers are entitled to benefit from the teleworking regime have been expanded. In addition to the situations already covered, the new teleworking rules also mean that parents with children up to the age of eight will be able to benefit from this regime in cases where :

both parents meet the conditions to carry out the activity under a teleworking regime, provided that this is carried out by both in successive periods of equal duration within a maximum reference period of 12 months.
single-parent families or situations in which only one of the parents demonstrably meets the conditions to carry out the activity under a teleworking regime.
It should be noted that, even in one of these two situations, if you are an employee of a micro-enterprise (with less than ten employees), you will no longer be able to access teleworking via this route.

Workers with non-primary informal caregiver status also have the right to work remotely for a maximum period of four consecutive or interpolated years, but the employer may refuse the request, citing "imperative requirements" of the company's operation, and must request an Opinion from the Commission for Equality in Work and Employment (CITE).

The new teleworking rules also provide for the application of the principle of most favourable treatment . This means that the rules of the employment contract relating to this matter can only be waived by means of a collective labour regulation instrument if they are more favourable to workers.

The obligation of face-to-face contacts
Employers will also have to promote face-to-face contact between teleworking workers and managers at intervals of no more than two months.

Payment of teleworking expenses
Important steps are also taken with regard to the payment of teleworking expenses, with it being foreseen that all additional expenses that the worker demonstrably incurs as a direct consequence of the acquisition or use of the computer or telematic equipment and systems necessary to carry out the work must be fully compensated by the employer.

The new teleworking rules also include increased energy costs and the network installed at the workplace at speeds compatible with the service's communication needs, as well as maintenance costs for the same equipment and systems.

Additional expenses are those corresponding to the acquisition of goods and/or services that the worker did not have before the conclusion of the teleworking agreement, as well as those determined by comparison with the worker's equivalent expenses in the same month of the last year prior to the application of that agreement.

These expenses paid by the employer to the employee to cover the costs inherent to teleworking are considered, for tax purposes, costs for companies.

New year, new era in people management
With the new year came new rules for teleworking and, with that, an increased need to streamline human resources management - which now has a more strategic role within organizations, as a result of a growing awareness of the need to value human capital.

This transformation is based on a paradigm shift supported by automation models and process simplification, with a view to ensuring mobility, real-time collaboration, autonomy, access to information and constant feedback, imposed needs that are becoming increasingly important with the adoption of remote working.

But all this agility will only be possible through a solid, flexible and broadly integrative management system, which simplifies people management as much as possible and ensures a natural transition to the digital age. PRIMAVERA HR management solutions involve everyone in the organization in creating value.

Discover how the Human Resources Management solution helps streamline administrative management, optimize strategic management and automate operations!