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Il lavoro agile fra emergenza e transizione

WP C.S.D.L.E. “Massimo D’Antona”.IT – 430/2020

Il presente articolo è in corso di pubblicazione sulla rivista Massimario di Giurisprudenza del lavoro.

The “agile work”, regulated by Law n. 81/2017 in the current pandemic emergency has achieved the center of the scene.
For a singular paradox, the reasons for success of remote working are due to the disruption of the “agile work” discipline and its original purpose: it is the tragic reasons for the emergency that led the hand of compulsive regulatory intervention.
The “agile work” has suffered great distortions in the current pandemic phase, both in its function and in the field of discipline.
It is now possible that the employer is using pandemic “agile work” without the agreement of the worker. This is a legal choice that is making a lot of discussion and which at the same time reveals the weakness of ordinary discipline: “agile work” presupposes the natural deployment of employer’s powers. In fact the employer’s powers may be limited by the law’s heteronomy and collective autonomy and not by the naturally weak negotiating power of the worker.

author(s): Albi, Pasqualino
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