El control remoto de la persona trabajadora «agile» en el derecho del trabajo italiano

Ombretta Dessì

2022-01-01

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Abstract

This study deals with the technological control of smart workers, with special reference to Italian legislation. It examines the main problematic points of this legal issue, which is especially interesting because the smart worker must necessarily use technological devices. After carrying out a brief analysis of the discipline, by virtue of the conjunction of art. 21, paragraph 1, of Act N.º 81 of 2017, and art. 4 Statuto dei Lavoratori, we will question the interrelation between the law, collective agreements and the individual smart working contract. The next step is to verify the use of technological devices in the context of the employment relationship, distinguishing between positions available to the smart worker for the provision of the service and those intended for other purposes, with special attention to contact tracing. Equally important is the big data issue of smart workers. European regulations on the protection of personal data do not seem adequate to avoid possible damages derived from them. Finally, we will dwell on the relationship between the right to digital disconnection of the smart worker and the remote control, which must be regulated in a unitary way, to avoid that the effectiveness of the latter is annulled by the statement of the company that the smart worker person uses these tools beyond working hours.