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Smart Working in Public Administration 2024: operation and new rules

2024 brings new rules for smart working in the public administration (PA). Even if the parliament has not extended subsidized agile work from 1 January 2024, the CCNL central functions under renewal introduces a ‘fast track’ for some employees. The new ministerial directive establishes that for fragile state workers, managers will decide when smart working is possible
.

Who has the right to smart working in public administrations in 2024

In 2024, fragile public administration workers may apply for smart working. After submitting the request, the managers responsible for their office will decide whether to authorize agile working
.

Although the 2024 budget law has not extended agile working in the public sector, the new ministerial directive has recognized specific exceptions for certain subjects. Fragile workers are defined by Decree-Law No. 221 of 24 December 2021, which lists the pathologies that fall into
this category.

How does smart working work in public administrations since 2024

The ministerial directive of 29 December 2023, valid from 2024, summarizes who can continue to do smart working among state employees and the new rules on the functioning of agile work in public administrations. The directive allows workers with serious health situations, personal and family, to carry out their work performance in an agile mode, derogating from the criterion of the prevalence of presence. The final decision is up to the responsible manager, who must identify the necessary organizational measures through individual agreements
.

Public employers who enter into agreements for the execution of work performance in smart working must give priority to:

  • Who has children up to 12 years of age
  • Who has disabled children, without any age limit
  • caregivers, pursuant to article 1, paragraph 255, of the law of 27 December 2017, n. 205

This priority scale is not mandatory for PAs, and adherence to agile work must be consensual and voluntary in nature. Managers will then determine the details and internal rules to ensure the possibility of accessing smart working, as needed.

In the various CCNL, the social partners have outlined the characteristics of smart working for harmonious use in public administrations. The CCNL central functions, currently being renewed, provides a “fast track” for smart working for certain state governments, such as those with special health needs, family caregivers with disabilities or parents with young children
.

The draft of the new central functions contract provides for the possibility of agreeing on a number of days of remote work greater than those carried out in person. The individual agreements, signed with the presidency of the Council of Ministers or the head of structure, will define the objectives and personal methods of work performance
.

When does the smart working directive PA 2024 come into force

The ministerial directive on smart working in public administrations has been in force since January 1, 2024. Every administration must promptly adapt its internal provisions to make the directive immediately applicable
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