State employees in smartworking, aiming for 60% of the total by 2021. Amendment approved, the TEXT


An amendment presented by the 5 Star Movement and approved in the V Budget Committee provides that 50% of smart working workers will be reached by the end of 2020, and then aim for a total of 60% in subsequent years. The text has become part of the text of the Relaunch Decree which will be in the classroom next week.

The amendment extends until 31 December 2020 of agile work concerns 50% of PA employees who perform remotely executable activities and introduces the “Agile work organizational plan” (POLA), with which from 1 January 2021 the percentage will rise at least 60%. It is, comments Minister Fabiana Dadone, of an “ongoing revolution”.

With the amendment, it also introduces the Agile Work Observatory “to collect fundamental data and information and allow to better plan the future organizational policies of PAs and the development of managers and staff performances”.

The text of the amendment

After paragraph 4, add the following:

The following changes are made to Article 263:

a) Paragraph 1 is replaced by the following: «1. In order to ensure the continuity of the administrative action and the swift conclusion of the proceedings, the administrations referred to in article 1, paragraph 2, of the legislative decree 30 March 2001, n. 165, adapt the operation of all public offices to the needs of citizens and businesses connected with the gradual restart of production and commercial activities. To this end, until 31 December 2020, by way of derogation from the measures referred to in Article 87, paragraph 1, letter a), and paragraph 3, of the decree-law of 17 March 2020, no. 18, converted, with modifications, by the law 24 April 2020, n. 27, organize the work of their employees and the provision of services through the flexibility of working hours, reviewing their daily and weekly breakdown, introducing programmed dialogue methods, also through digital solutions and not in presence with users, applying agile work, with the simplified measures referred to in paragraph 1, letter b), of the same article 87, to 50 per cent of the personnel employed in the activities that can be carried out in this way. In consideration of the evolution of the epidemiological situation, with one or more decrees of the Minister for the public administration, organizational procedures can be established and criteria and principles can be set regarding the flexibility of public work and agile work, also providing for the achievement of precise quantitative objectives and qualitative. As of September 15, 2020, article 87, paragraph 1, letter a), of the aforementioned decree-law no. 18 of 2020, converted, with modifications, by law n. 27 of 2020 ceases to have effect »

b) after paragraph 4, finally add the following:
“4-bis. Article 14 of the law of 7 August 2015, n. 124, the following changes are made:
a) in paragraph 1, the words from: «and, also for the purpose» to: «associative forms» are replaced by the following: «. By 31 December of each year, after having consulted the trade unions, public administrations draw up the Organizational Plan for Agile Work (POLA), as a section of the document referred to in Article 10, paragraph 1, letter a), of Legislative Decree 27 October 2009, n. 150. The Plan identifies the methods for implementing agile work by providing, for activities that can be carried out in an agile manner, that at least 60% of employees can avail themselves of it, ensuring that they do not suffer penalties for the recognition of professionalism and career progression, and also defines the organizational measures, the technological requirements, the training courses for staff, including management, and the tools for the detection and periodic verification of the results achieved, also in terms of improving effectiveness and efficiency of administrative action, digitalization of processes, as well as the quality of the services provided, also involving citizens, both individually and in their associative forms. In case of non-adoption of the POLA, agile work applies to at least 30 percent of employees, if they request it “;
b) paragraph 3 is replaced by the following:
“3. By decree of the Minister for Public Administration, after hearing the unified conference referred to in Article 8 of Legislative Decree 28 August 1997, no. 281, further and specific guidelines for the implementation of paragraphs 1 and 2 of this article and of the law 22 may be defined, also taking into account the results of the monitoring of the Department of Public Service of the Prime Minister’s Office towards the public administrations. May 2017, n. 81, as applicable to public administrations, as well as rules relating to the organization of work aimed at promoting agile work and the reconciliation of employee life and work times.
3-bis. The National Observatory for Agile Work in Public Administrations is set up in the Department of Public Service of the Prime Minister’s Office. With a decree of the Minister for Public Administration, to be adopted within sixty days from the date of entry into force of this provision, the composition, competences and functioning of the Observatory are defined. The establishment and operation of the Observatory is carried out within the limits of the human, instrumental and financial resources available under current legislation, without new or greater burdens on public finance. Participation in the Observatory does not, in any case, give rise to the payment of emoluments, fees, allowances or reimbursements of expenses, however denominated “.

4-ter. In paragraph 2 of article 1 of the legislative decree 25 January 2010, n. 6, the following period is added at the end: “The Department of Public Administration is a founding member of the association, with a membership fee of not less than 76 percent; the voting right of each member is commensurate with the amount of the fee paid “.
263. 6. (New formulation) Baldino, Alaimo, Brescia, Dieni, Corneli, D’Ambrosio, Sabrina De Carlo, Maurizio Cattoi, Berti, Bilotti, Forciniti, Macina, Parisse, Suriano, Francesco Silvestri, Elisa Tripodi.

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