Smart working, how it works for people with disabilities and their families

Smart working, how it works for people with disabilities and their families

Smart working

Smart working has become an integral part of the working life of millions of Italians since the outbreak of the pandemic in 2020. If initially it was mostly seen as a useful way of working to overcome the difficulties imposed by the situation, for several people the individual benefits that derive from being able to work away from the workplace, they have also become apparent in view of a more long-term perspective, so much so as to suggest that agile work will become an increasingly consolidated and widespread way of working.

For people with disabilities and their families, for example, being able to work from home was undoubtedly convenient. To date and at least until 31 December, workers with disabilities are protected by the simplified smart working regime, but in reality, according to a note last year from the National Labor Inspectorate (Inl), the law 104 on disability is already per se applicable to smart working. Let's see what we are talking about.

What is smart working? What is law 104? Is 104 applicable to smart working? How does it work? Our guide to smart working How smart working works From contracts to rules, from organization models to evolution, here's what you need to know about agile working

What is smart working?

At the level legal, the term "agile work" is defined by law 81 of 2017 as a "method of execution of the employment relationship established by agreement between the parties, also with forms of organization by phases, cycles and objectives and without precise time constraints or workplace, with the possible use of technological tools for carrying out the work activity. " The key elements of this definition are the absence of constraints on the place and time of work, the organization in phases, cycles and objectives, and the fact that the terms of the employment relationship are explicitly established through an agreement between the worker. and the employer.

A more immediate and effective definition was provided to by Arianna Visentini, co-founder and co-managing director of Variazioni, a consulting and organizational innovation company for the adoption of policies of smart working. Visentini defines smart working as “a way of working that allows people to decide independently where to work, when to work and how to work. "

What is law 104?

Law 104 of 1992 is the law" for assistance, social integration and the rights of handicapped people. "This is therefore the document that dictates the principles of the legal system regarding the rights, social integration and assistance of the disabled person. It is applied to those who have been assessed by a special ASL medical commission as a person "who has a physical, psychological or sensory impairment, stabilized or progressive, which is the cause of learning, relationship or work integration difficulties and such to determine a process of social disadvantage or marginalization. "

The main recipients are therefore citizens with disabilities, but there are also references to those who live with them, such as the caregivers of these people or the family. Specifically, the law provides for work and tax concessions for the subjects covered. Workers with disabilities recognized under the law - as well as their family members who assist them - can benefit from three days of monthly leave, and have various tax exemptions, such as the recognition of health expenses as deductible charges and not as deductions, application of the 4% subsidized VAT for the purchase of prostheses and technological tools such as mobile phones and computers, the exemption from car tax and the 19% deduction for the purchase of goods.

Is 104 applicable to smart working?

The quick answer is yes. In a circular of 26 April last year, the Inl explained that the smart working worker to whom the law 104 is applicable - the worker with disabilities as well as the family members who must assist him - can take advantage of the work permits divided by hours even from smart working. This indicates a worker protected by law 104 has the right to receive the equivalent in hours of three days of leave per month both from work on site and from work from home. In other words, if an employee chooses to stay at home but remotely fulfills his work duties, he has not used his time off.

Secondly, according to the provisions of the Aid bis decree of July, the simplified smart working regime - which provides that employers are given the opportunity to activate it without entering into an individual agreement with the employee , as is the case by law in normal times - provides that for various categories it is possible to request agile work even when it is not provided by the employer. Among these categories, there are workers in possession of the recognition of disability pursuant to law 104 and their family members. At least until the end of the year, it will be possible for these categories to obtain agile work as long as it is compatible with their business.

Our guide to smart working

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