The minimum content of the ATD, at minimum it has little

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Therefore, if few companies reach teleworking models higher than the percentage of 30% (the law allows this percentage to be reduced through collective bargaining but to date this possibility is not being used in collective agreements except in very isolated cases) we are talking about a Law whose application is and will be marginal , which should lead to a reflection on whether it is really positive for promoting teleworking and whether or not it is the appropriate regulatory framework.

The art. 7 of the aforementioned regulations regulates the minimum content that remote work agreements must comply with, among which is the inventory of means, listing of expenses, percentage and distribution between in-person work and remote work, etc.

One of the many points that must be included in the remote work agreement (DTA) is the percentage and distribution between in-person work and remote work . This is a drag on real flexibility, not only Whatsapp Database from the company's point of view, but also for the employees themselves. The reason for this is that in a truly flexible teleworking model there could be the case of an employee who would like to telework two weeks and one not or punctually one month and not the other, deciding on the fly by mutual agreement between the company and the worker, something that certainly existed in the pre-Covid stage in companies with established cultures of teleworking and smart working . This, with the rule in hand (setting a percentage x), is a huge handicap.



In addition, it must be remembered that not only does the remote work agreement have to be formalized, it is also mandatory to register it with the SEPE. And when registering it, a certain percentage of distribution is recorded that, in the hypothetical case of, for example, an Inspection, could pose a problem for the company even if the worker was the first interested party or agreed to be able to modify that distribution. in-person/remote session.

The famous compensation for teleworking expenses
And regarding the issue of expenses, the Teleworking Law leaves it in the hands of collective bargaining and, therefore, will depend on what is established in the applicable collective agreement. Of course, the courts have already made it clear that the fact that the collective agreement does not set an amount of expenses does not in any case exempt the company from paying compensation . Furthermore, the clauses by which a company is released from paying an amount (compensation of expenses) for teleworking are void (sentence of the National Court of November 10, 2022).