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Brief considerations of disciplinary power in “agile work”

By Antonio Cazzella

The recent law of May 22, 2017, no. 81 introduced concept of “agile work”. One of the peculiarities of agile work is the fact that various aspects related to the management of the employment relationship required the parties’ agreement. Choosing to require the agreement of both parties under the discretionary guidance of the provisions is undoubtedly new in the management of the employment relationship. It is reasonable to assume that the provisions relevant and identified in the agreement should be uniform for all employees when carrying out identical tasks.
However, in spite of the rule in question referring to the agreement between the employer and the employee, the identification of such conduct could be the subject of collective bargaining, even at company level. Then, the choice of sanction should, however, take place within the scope of the collective bargaining agreement, since the autonomy of the parties does not appear to allow a disciplinary sanction other than those provided for therein.
Below in a further profile, it is noted that the discovery of discipline-relevant rules by written agreement it allows one to overcome the problems associated with failure to submit the disciplinary code. In the event that the agreement between the employer and the employee does not identify the provisions that are relevant to disciplinary action, reference should be made to the provisions of the collective bargaining agreement in the case of an analogous application.

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