Il lavoro agile tra legge e contrattazione collettiva: la tortuosa via italiana verso la modernizzazione del diritto del lavoro = Agile work between law and collective bargaining: the tortuous Italian way towards the modernization of labor law. WP C.S.D.L.E. “Massimo D’Antona”.IT – 335/2017

Abstract

By examining relevant collective agreements concluded at a national and company level, this paper intends to afford an in-depth analysis of the legal and structural aspects of “agile working” recently implemented in Italy. To this end, the definitional contours of this form of employment are looked into, as are its differences from teleworking, which seem to be more claimed than actual. While awaiting systematic research carried out by other scholars and consequent case law, the "industrial relations law" perspective taken by this paper provides the evaluation of the actual effectiveness of Act no. 81 of 22 May 2007 governing this working scheme with higher levels of reliability. In addition, the paper points out a number of shortcomings and inconsistencies in the current legal framework which – since the planning stage of the legislative proposals – have affected early action from collective actors, pushing them down a slippery slope which might lead to a number of employment disputes resulting from the overlapping between this working scheme and teleworking. Rather than providing a response to the alleged rigidities of legal and trade union aspects characterising teleworking, the regulatory framework governing agile working seems to circumvent a number of binding legislative provisions that have their origins in EU law, especially those concerning occupational health and safety and working time. In considering the challenges posed by the Fourth Industrial Revolution, the paper concludes by stressing that the new set of legislative rules governing agile working are a missed opportunity to modernise Italy’s labour law, and whether the persistent relevance attributed to legal subordination plays a role in the changing world of work is still a moot point