Work Group 2 Health and Safety Sofia, 12 May 2017 by Francesca Marrone

1. Work Group 2Health and SafetySofia, 12 May 2017by Francesca Marrone Work-Life Management and CSR in the Finance Sector

2. Laws and regulatory sources for the protection of the health and safety of workers • Art. 2087 cod. civ. (Regio Decreto 16/3/1942, n. 262) «The entrepreneur is required to adopt in the exercise of the undertaking measures which, according to the particular nature of the work, experience and technique, are necessary to safeguard the physical integrity and the moral personality of the work lenders»; • Law 20 May 1970 n. 300 «Workers' Statute of Rights»; • Law 30 December 1971, n. 1204 «Protection for working mothers»; • Dir.89/391/EEC Of Coucil 12 June 1989, on the implementation of measures to promote the improvement of the safety and health of workers at work; • Law 8 /3/2000, n. 53 «Provisions for the support of maternity and paternity, for the right to care and training and to coordinate city times»; • D. Lgs 26/3/2001, n. 151 «Unique text of the legislative provisions on the protection and support of maternity and paternity»; • European Work Stress Agreement (8/10/2004); • D. Lgs.9/4/2008, n. 81in the field of health and safety at work; • Draft Law n. 2233, Laying down measures for the protection of non-entrepreneurial self-employment and measures to encourage flexible articulation in times and places of employment.

3. Collective Agreements and Industry Agreements • National Collective Agreement, 31/3/2015 (Abi); • BARILLA Agreement 02/03/2015; • BNL Bank Agreement on Smart Working, 02/11/2015; • Cariparma Group – Credit Agricole, Smart Working Agreement, 8/3/2016 ; • Unicredit Bank : Protocol on well-being at workplaces and trade policies, 22/4/2016 ; • Zurich: Agreement, 1/6/2016; • Protocol on welfare in workplaces and commercial policies, 8/2/2017 (Abi).

4. Health and safety at Work The principalinstitutescontained in theseagreements: • The Agile Work, also known as intelligent work as a form of work performance that, voluntarily, allows you to carry out your professional activities in other sites outside of your office. • This is just a different way of organizing part of the job without changing the time and / or the duty and / or disciplinary and managerial power. • Use of technological equipment in accordance with T.U. 81/2008. • Business communications (for example, telephone calls, mail or chat) and business orientation meetings should be carried out in accordance with the current labor standards of the current National Labor Contract.

5. Summary of the mentioned agreements BARILLA Agreement, 02/03/2015: SMART WORKING: The goal of improving business performance and achieving more challenging business results through this way of articulating work performance that can contribute to a better balance between life and work and to offer positive effects on environmental factors in a context of greater responsibility, autonomy of performance by the people involved. An experimental project that voluntarily involves staff with a fixed-term contract (full-time and part-time horizons) Mode: up to 32 hours per month in environments that meet safety and privacy standards in sheltered and protected areas. Usable in days or half days (Monday to Friday)

6. BNL Bank Agreement on Smart Working 02/11/2015 Agreement to improve the life balance of employees by improving the culture of performance, individual responsibility and mutual trust. Smart Working is considered the form of work performance that, voluntarily, allows you to carry out your professional activities in other sites outside of your business premises Recipients: Employees, managers and executives whose activities can be carried out remotely using the portable telematics media provided by the Company (PCs and mobile phones) without compromising productivity and expected results. It can also be granted to those who carry out part-time work.

7. Cariparma Group– Credit Agricole, Smart Working Agreement, 8/3/2016 Flexible working remotely, different from tele-working, to increase productivity and facilitate reconciliation of life and work life. Without prejudice to obligations, duties and rights provided by existing contracts and / or regulations. This is only a different way of organizing part of the work, without changing the time and / or duty and / or disciplinary and managerial power. Use of technological equipment in accordance with T.U. 81/2008. Prediction of a privacy decalogue. .

8. Unicredit Bank: Protocol on well-being at workplaces and trade policies, 22/4/2016 Confirmation of the principles of centrality, respect and dignity of the person. Promote an entrepreneurial climate where, in observance of all applicable norms, laws and contracts, there is the respect and professionalism of all individuals. Business communications (for example, telephone calls, mail or chat) and business orientation meetings should be carried out in accordance with the rules of working time provided by the current national contract in force. Training will be an indispensable tool for a serene organizational climate. A Commission is devoted to the topic of quality of work and trade policies, consisting of business representatives and workers, who will meet at least twice a year.

9. Zurich Agreement, 1/6/2016 SMART WORKING: Volunteer work performed out of the workplace in accordance with the maximum contractual time. Mode: no more than 2 days per week with the acknowledgment of the meal voucher. At the expense of the company, the equipment and instrumentation useful for the performance of the performance and the involvement of the employees involved with appropriate training interventions.

10. National agreement on trade policies and organization of work, 08/02/2017 (Abi). An agreement aimed at identifying actions and behaviours aimed at promoting the development of sustainable trade policies, respecting the dignity of workers and the needs of customers. Objective principles and values are the centrality of the banking sector as a role in the economy and how to safeguard savings; Improve the quality of relationships between banks, staff and customers and the working environment; The need for a transparent and sustainable organization of work; Cultural rules and prevention of different behaviours; Respect for the person through solutions and working methods aimed at encouraging a positive business climate. A conscious participation of all workers in business life needs to be developed to promote a positive business climate and the adoption of active behaviours through a good practice analysis. Corporate communications must be based on respect for the person and not be misleading or harassing. A National Bilateral Commission is set up.

11. ….some reflections…. The agreements so far analyzed provide insights to reflect on what needs to be the lines to be able to rethink how to meet the needs of workers, especially with regard to the protection of their psychophysical health. What has not been analyzed so far is the disconnection right that is among the innovations introduced on smart working. The diffusion of new digital technologies has recently led to deep reflection in the legislative system, so as to question a measure to protect so-called agile work. There is no longer a permanent job, not a single place of work during the same employment relationship, nor a fixed time. Many people prefer today to work for goals, phases and cycles and are therefore evaluated on productivity and achievement rather than based on parameters such as working hours and physical presence in business premises.

12. Mobility and employment change are no longer considered negative, but rather as a passage often needed to acquire new and greater skills. So we are in a scenario where work is already agile, even before a law recognizes it. In particular, the text proposed in draft law no. 2233, we are interested in art. 3 (Legislation of the Agile Work Method and Right of Disconnection) n. 7: "Employees are entitled to disconnection from technological equipment and computer work platforms in compliance with the agreed objectives and the terms of work performed by the medical practitioner as well as any available bundles of work without this having any effect on the continuation of the employment relationship or remuneration.”