Lavoro agile emergenziale tra obblighi di tutela della persona ed esigenze dell’impresa

Abstract

The need to contain the pandemic in the past year has given a formidable boost to the use of human resources in a smart way. Companies have had the opportunity to employ their employees by derogating from the rules defined in Law 81/2017. The emergency discipline has introduced a simplification that has apparently facilitated the use of remote work performance, leaving the structure of responsibility for companies unchanged. This extraordinary opportunity to experiment with the agile way of working has led companies to use their human resources remotely without a precise risk analysis, without adopting adequate security measures, without regulation on management, disciplinary and control power. Smart working was used as a business continuity tool, but according to Istat, the Italian labor market has experienced a drop in productivity, a drop in efficiency, as well as negative consequences on the interpersonal relationships of workers. The study intends to examine how, during the use of smart working, extensive employer obligations to protect the physical and moral personality of employees persist and the need for an adequate risk assessment that allows the preparation of timely information on the health risks and on the processing of personal data. The need to protect companies, personal data being processed and secret company data in the case of smart working suggests adopting an organizational system that develops new methods of remuneration linked to the achievement of objectives and that allows effective and efficient internal disciplinary control. on the worker and on the activities so as to allow, in the most serious cases, the possible intervention of the police with computer search tools. The final reflections analyze the need / opportunity to organize the use of smart working in a uniform manner within the company, enhancing the potential of smart contracts via blockchain to protect employers' needs for accountability.