Lavoro agile e orario di lavoro

the article investigates how working time regulation helps to clarify the nature of smart working and its place in the system of classification of work relations. Methodology: the legal analysis is based on statutory law, doctrine and case-law. Some contributions of organizational analysis are also considered. Results: the concrete re- sult achieved is the identification of a kind of incompatibility between the classical time- based compensation schemes and smart working. Also, elements distinguishing genu- ine smart working and “non genuine” smart working are identified. Limits and impli- cations: the further development of the thesis requires the deepening and carrying out of organizational analysis researches. Originality: the original features of the research consist in outlining the distinctive features of smart working, as defined by the law, into a condition of personal dependence of the worker who is, however, subject to a “soft” power of direction largely exercised ex ante

Il contributo esamina come la particolare disciplina dell’orario di lavoro nel lavoro agile contribuisca a chiarire la natura della fattispecie e la sua colloca-zione nell’ordinamento sistematico dei lavori.