Household work vs. Telework

Working from home

represents the fulfillment of the specific duties of a position at the employee's home, where he has his home and usually for lucrative activities completed by creating finished products, specific to the position he holds and does not necessarily involve access to telecommunications.

The individual employment contract at home is concluded only in writing and contains, in addition, the following clauses:

a) the express specification that the employee works at home;

b) the schedule within which the employer is entitled to control the activity of his employee or the specific way of carrying out the control;

c) the employer's obligation to ensure the transport to and from the employee's home, as the case may be, of the raw materials and materials he uses in the activity, as well as of the finished products he makes.

Employee with home work enjoys all the rights recognized by law and by the collective labor agreements applicable to employees whose place of work is at the employer's headquarters.

As working time, to fulfill the service tasks assigned to them, employees with home work set their own work schedule.

Employees with home work are obliged to respect and ensure the confidentiality of the information and documents used during work at home

Telework 

is that form of work organization by which the employee, regularly and voluntarily, fulfills the specific duties of the position, occupation or profession he holds, in a place other than the place of work organized by the employer, at least one day a month, using information and communication technology, the place of work being not only the home, but also in any other place chosen by the teleworker.

An employee who works in normal working conditions will not be automatically switched to the status of teleworker except with his consent, but neither will he be able to switch to the telework regime if the employer does not agree with that.

Telework activity is expressly provided for in the individual employment contract upon its conclusion for newly hired personnel or by additional act to the individual employment contract. The employee's refusal to consent to the performance of the activity in the telework regime cannot constitute a reason for unilateral modification of the individual employment contract and cannot constitute a reason for disciplinary sanction.

The employer has the obligation:

• to provide the means related to information and communication technology and/or the safe work equipment necessary for the performance of the work and to install;

• to check and maintain the necessary work equipment, unless the parties agree otherwise;

• to ensure all the conditions regarding the equipment necessary for the performance of the activity, their installation, training in the field of health and safety at work, work instructions for the employee who works in a place other than the company headquarters

Compared to the situation in which the employee performs work at home and organizes his own work schedule, the teleworker organizes his work schedule in agreement with the employer, in accordance with the provisions of the individual employment contract, the internal regulations and/or the applicable collective labor agreement;

The teleworker benefits, like any other employee, from all the rights recognized by law, through the internal regulations and the collective labor agreements applicable to employees who have their place of work at the employer's headquarters.

The teleworker has the obligation

• to comply with the specific rules and restrictions established by the employer regarding the internet networks used or regarding the use of the equipment made available;

• to allow the employer access in order to establish and implement health and safety measures at work or in order to investigate events.

Teleworker