[Agreement on Telework]

Versione italiana

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.