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Milan, July 11, 2002
Between
IBM Italia S.p.A. (hereafter IBM and/or Company)
represented by: Luca Citterio, Umberto Zannier, Miriam Terenzi, Milena Cagnazzo
Coordinamento Nazionale delle
Rappresentanze Sindacali Unitarie - IBM Italia S.p.A. (the National
Co-ordinating Body of the Unitary Union Representatives of IBM Italia S.p.A., hereafter CN-RSU)
CONSIDERING THAT
the Parties agree that a wider use of information technologies and more flexible working procedures could provide a solution to the great economic and social needs, as well as the increase in value of the smaller city centres, the environment protection, the improvement of the quality of life, the management of the working time, the integration of the weak categories and of the less developed areas.
ART. 1
- DEFINITION
The
Parties agree upon the following definition of professional work performed in
the form of telework:
TELEWORK
IS A WORKING ACTIVITY CARRIED OUT, TOTALLY OR PARTIALLY, AWAY FROM THE OFFICE,
IN THE PLACE OF THE WORKING ACTIVITY PERFORMED AT THE OFFICE, USING NEW
TECHNOLOGIES THAT ALLOW AND HELP THE COMMUNICATIONS BETWEEN THE COMPANY AND THE
WORKERS
In IBM
Italy telework can be carried out in the following forms:
1
Casual
2
Mobile
3
Home-based
This
agreement is intended to rule telework carried out by the IBM employees.
ART. 2
- LAWS
In
case of legislative regulation of telework the Parties will meet in order to
re-examine the provisions of this agreement.
ART. 3
- COMPANY ORGANIZATION
The
Parties agree that telework as hereafter defined, is only a modification of the
place where the professional work is carried out, and does not affect the
worker’s status within the company organization and his/her subjection to the
managerial and disciplinary power of the employer.
The
wage is not modified by the status of teleworker.
ART. 4
- ELIGIBILITY
The
parties agree that all workers who have assigned tools for remote and external
access to the company information systems can carry out their professional work
in one of the above-mentioned telework forms, in compliance with the rules of
this agreement.
To
this purpose, every worker can verify with his/her head which telework form
applies to him/her.
IBM and CN-RSU agree upon the application of the below provisions, which are common to all three telework forms.
ART. 5
– REFERENCE OFFICE
The
assignment of an employee to telework status is not a justified reason for
changing his/her office.
ART. 6 - ASSIGNMENT OF TELEWORK TOOLS
The
text of the letter for the assignment of the telework tools (fixed work place,
mobile computer, phone and attachments) is enclosed at the bottom of this
agreement. Changes to this text will be submitted for examination to the joint
committee as below specified at Art 11.
ART. 7
- WORKING HOURS REGULATIONS
The
assignment of a worker to the telework status does not modify the working hours
regulations that apply to the worker himself/herself.
It
is allowed that the professional activity performed in telework is carried out
according to a timetable which is arranged in a different way from the usual
timetable, without prejudice to the rules provided by the laws in force, by Art
5 of the Common Discipline of the National Collective Agreement in force and by
the Corporate Collective Agreements.
If
this working activity carried out according to a different timetable is freely
chosen by each employee and accepted by his/her head, and considering that this
cannot and must not conflict with the Company operations needs as well as with
the Company technical constraints, no wage increase is due nor additional
regulative conditions.
If
this working activity is requested by the heads, without prejudice to the
unusualness of this kind of work, wage and conditions according to the National
and Corporate Collective Agreements in force will be applied.
ART. 8
- WORK ACTIVITIES OUTSIDE IBM PREMISES
Without prejudice to the preliminary authorization of the head, when the work activity is carried out in telework, the employee should communicate, also via the electronic calendar available in the Company information systems, or, if this is not possible, via other communication tools (messages in mail boxes etc.).
ART. 9 - CONTROL ON THE WORK
IBM
has the right to verify the professional activities carried out via telework,
without prejudice to the full compliance with the agreements signed by the
Company and related to the access to data electronically processed. (Corporate
agreement of February 23, 1982 and following amendmends.
It
is allowed the use of the telework tools for personal purposes within the
limits and according to the company provisions on the subject
ART.
10 - MANAGEMENT AND MAINTENANCE OF THE TELEWORK TOOLS
If
the worker is not already equipped, IBM can assign to him in commodatum, according to Art. 1803 Civil Code and
following, the appropriate telework tools, suitable to the needs of the working
activity.
Interruptions
of the telematic network or machine breakdowns, if
any, due to failures or accidental causes and not imputable to the worker, will
be considered chargeable to the employer. The teleworker will take care of
handing over the damaged PC, during the normal working hours, at the offices
where he is assigned, in order to activate the technical support. If the damage
cannot be recovered in a reasonable timeframe, the employer will have the
possibility to settle the return of the worker to the office to which he/she is
assigned for the time needed to recover the tools.
ART.
11 - UNION RIGHTS
The teleworking employees will be able to take part to all
union activities at the nearest corporate premises or where they are assigned
to.
The
communication channels between the workers representatives and the workers will
be maintained via the trade-union notice board available in the Intranet, which
will also host bulletins of the various local workers representatives. The
professional work carried out according to the telework procedures will not
modify the communication forms between workers representatives and employees.
In
order to monitor and verify the effects and the consequences of this agreement
on the work organization and on the quality of the involved employees' life:
1.
IBM will provide every year statistic data about the number, the category, the
sex and the reference office of the employees authorized to telework according
to the schema of the following table:
Half |
Category |
Sex |
Office |
Form |
FT/PT/S* |
Number |
II 2003 |
VI |
F |
Basiano |
Casual |
FT |
4 |
II 2003 |
VII |
M |
Cagliari |
Mobile |
PT |
3 |
II 2003 |
VI |
F |
Padova |
Home |
FT |
4 |
and so
on |
|
|
|
|
|
|
* FT -
full time; PT - part time; S - shift
2) A
joint committee of 6 members will be appointed. 3 of them will be appointed by
the RSU-NC and 3 by IBM. It will:
a)
verify the enforcement of this agreement
b)
manage and solve small technical problems
c) verify
the impacts on organization, finance, trade-union relationships and on the
relationships between private life and professional work of the experimentation
in progress, collecting all needed data.
ART.
12 - ERGONOMICS AND SAFETY
IBM
declares that the tools as per Art. 10 above were built according to the safety
provisions in force and are certified for being used in compliance with this
agreement.
According
to the provisions of the Law 626/94, the company is obliged to provide
equipments compliant with this law. The worker is obliged to use these tools
correctly, according to the technical instructions provided, as well as to take
care of his/her safety at his/her home. IBM is relieved from any responsibility
as far as accidents are concerned that might happen to the worker or to third
parties, if they are caused by an inappropriate use of the assigned tools or to
risky situations caused by the use of the telework tools.
The
worker can, if he/she thinks it is necessary, to address his/her head, the
Company doctor in charge, the responsible person of the Prevention and Safety
Service or the representative for the workers safety in order to ask their
opinion about the application of the safety rules.
The
Company doctor in charge can also be consulted for any trouble or health
problem due to the work performed. The worker will be informed and will be able
to participate to all health prevention programs of IBM.
The
Company health and safety structures will update and make accessible every day
the site dedicated to ergonomics and safety, available in the Intranet, and
will be available to examine - within the committee according to Art. 11 -
problems on this subject, if any.
The
Company will provide tools and attachments for mobile telephones in compliance
with the laws in force and their use must be accomplished in compliance with
the laws in force and the Company provisions on the subject.
ART.
13 - ACCIDENTS
The
Parties agree to jointly act through their respective unions and associations
towards the INAIL (National Institute for the Insurance against the Accidents
at the Work) and the responsible bodies in order to examine and identify the
consequences of
teleworking at the
workers' home. In case of necessity, IBM is available to communicate to the insurance
bodies the timetable and the telework form at the moment of the accident.
ART.
14 - EDUCATION
The teleworkers can access the same education paths -
identical in accessibility and content - as the other workers normally working
in the IBM offices.
ART.
15 - INFORMATION RIGHTS
The
Company is obliged to organize its communication flows in such a way that a
prompt, effective and complete communication is guaranteed for all workers, in
order to offer the same conditions also to the workers who are less present in
the IBM offices. Also according to the purposes of Art.7 of Law 300/70, which
is here fully referred to, IBM will make available also via the Intranet a copy
of the National Collective Agreement in force: in this way the obligation of
publication is considered fulfilled.
ART.
16 - MEETINGS
In
case of meetings planned by the Company, the teleworker must make
himself/herself available for the time necessary for the meeting itself.
The
time dedicated to the meeting has to be considered working activity in every
respect.
ART.
17 - MEALS
Without
prejudice to all agreements related to the activities carried out at the
customers' offices or at other offices of the Company, if the teleworking
employee receives explicit request from his/her head to carry out his/her
working activity at his/her home and not at the Company offices, for every
working day he/she does not benefit of the Company canteens, of the restaurants
- having an arrangement with the Company or without arrangement -, or of snacks,
is entitled to a gross amount of 5 euro.
The
Company intends to verify the possibility according to the fiscal prescriptions
to specify such an amount in the notes of charges.
ART.
18 SPECIFIC RULES OF THE TELEWORK FORMS
ART.
18.1 - CASUAL TELEWORK
Casual
telework is the professional activity carried out at the employee’s home or
similar places, by employees who are generally present in the office. This
possibility must be agreed on a day per day basis with the head. As far as the
tools transportation is concerned, each employee can request a rucksack or a
bag with wheels instead of a shoulder bag.
ART.
18.2 - MOBILE TELEWORK
Mobile
telework is the professional activity carried out by a great variety of
employees who work mainly out of their office, have assigned a desk shared with
other colleagues and are considered as such by the Company. If, exceptionally
the employee agrees with his/her head to carry out his/her working activity at
his/her home or similar places the same rules apply as specified in the above
Art. 18.1. Each employee can request a rucksack or a bag with wheels instead of
a shoulder bag.
ART.
18.3 – HOME-BASED TELEWORK
ART.
18.3.1 - WORKING ACTIVITY
The
home-based telework contract can only be set up after the employee has already
been engaged. The teleworker continues to be part of the staff of the original
production unit. The home-based telework relationships are regulated according
to the following rules:
·
both
parties must accept it voluntarily, after the Company evaluated the
compatibility of the home telework with the requester’s job and organization
position;
·
the
duration must be temporary (with a start date and an end date) and can be
renewable upon express will of both parties;
·
the
relationship must be reversible, upon justified request of one of the parties,
without prejudice to the maintenance of the employment relationship, in
compliance with the contract rules as far as the job and the professional
qualification are concerned but keeping into account the logistic requirements
of the Company;
·
equal
opportunities with reference to carrier paths, training initiatives and
professional development;
·
guarantee
that the same professional activity is kept, that is analogous qualitative and
quantitative levels of work in comparison with the same activity carried on at
the Company offices;
·
periodical
return to the Company offices in order to keep social and professional
relationships - twice in a month as a general rule.
ART.
18.3.2 - WORKING HOURS
The
worker must comply with the normal timetable provided at the offices that
he/she is assigned to, without detriment to identify, upon agreement with
his/her head, a different time-frame for his/her working activities as defined
in the above Art 7.
ART.
18.3.3 – HOME-BASED TELEWORK CONTRACT
The
practical conditions for the carrying out of the working activities according
to the home-based telework form agreed between the parties must be defined in a
written contract that is the agreement that allows the transformation of the
working form. Such an agreement is a necessary condition for the transformation
of a home telework relationship.
ART.
18.3.4 - ELIGIBILITY
The
maximum number of home
teleworkers at the same
time per year is equal to the 4% of the total manpower. Without prejudice to
the organization needs, a share equal to 25% of this total number must be
reserved - upon application - preferably to disabled workers or workers with
peculiar pathologies, and to those who need to assist children younger than 8
years, relatives etc., provided that the application is supported by an
appropriate documentation that certifies the eligibility criteria.
If
the above mentioned percentage is exceeded or in order to solve moving problems
particularly critical, further requests will be agreed beforehand with the
local workers representative or - for want of them - with the CN-RSU.
ART.
18.3.5 - WORKING PLACE
If
considered necessary for the carrying on of the home-based teleworkers' activity, IBM will take over the installation
of a dedicated telephone line or of other technological tools suited to the
purpose, without prejudice to the free and private organization of his/her home
by the worker and to Art 12 of this agreement.
ART.
18.3.6 - ALLOWANCE
The
home-based teleworker is entitled to a monthly comprehensive sum of 22 euro as
a contribution for the energetic consumptions, for the use of the home as well
as for the costs of the meals. This allowance will be given in percent for the
days of actual home-based telework
The
Company intends to verify the possibility to specify such amount in the bill of
charge based upon the fiscal prescriptions.
ART.
19 - EXPERIMENTATION
This
agreement will have duration as an experiment of 12 months, beginning from the
signature. At least two months before the expiration date the parties will
verify the results and will be allowed to put forward new proposals.