Coworking is a growing type of workspace sharing, not only among freelancers and start ups, but also among company employees, as it relates to the development and diffusion of the law which regulatessmart working.
The Regione Toscana has become actively involved in the growing phase of said law, through the creation of a list of qualified coworking spaces providers in Tuscany (eventually updated through Executive Decree n.6293 dated May 12, 2017 ) and providing for the distribution of subsidies for an amount of up to €3.500,00 for those who wish to avail themselves of coworking spaces, with the approval of the Notice for the distribution of vouchers in support of self-employment and independent work through access to coworking spaces indicated in the regional list for the years 2018, 2019 and 2020, for which the next window of opportunity for applications will be between December 1 and 31, 2018..
It is therefore necessary to provide a brief explanation of the subject matter through an analysis of the main criticalities to be considered when proceeding with the stipulation of a coworking contract.
Coworking offers advantages for both parties: Both for the lessor, whose benefits are of economic nature, as a higher profit is achieved by the property through such method, and for the users, who may benefit from functional and complete premises to start their own business without resorting to office spaces which have to be compliant with safety regulations pursuant to d.lgs. 81/2008, avoiding therefore initial investment costs.
The OBJECT of the contract is the provision and the fruition of a workstation, for a pre-determined time period upon payment of a fee. It is an atypical contract and, therefore, without prejudice to the general principles of contract legal codes, the parties are free to regulate its contents in its characterizing elements:
- Workstations typologies: “for ongoing use”, “for sporadic use”, “for independent office use”, “for meeting room use”, “for training room use”;
- Available Equipment and services: Internet use, photocopier, scanner, meeting room, lighting, water and, generally, also cleaning of the space and, possibly, secretarial services;
- Schedule:The user may use the spaces without time limits, both during weekdays and holidays, or agree on a specific schedule by identifying specific hours and days;
- Duration: Freely determinable, as there are no term obligations, with termination method specification and possible implicit renewal;
- Price: The fees must be indicated in writing, with payment methods and terms (monthly fee or magnetic card counters). A pre-determined one-month security deposit may be required.
- Liability: Due to the lack of any ad-hoc law, it is recommended to proceed with detailed regulations in such respect, in order to prevent any controversy from arising, always considering that both contractual parties are required to abide by art. 1176 c.c. which requires the diligence of a good father of a family in fulfilling obligations
The most vulnerable party is certainly the lessor, as providing space and third-party equipment may expose him/her to damages due to negligence and theft. Liability for loss or stolen goods belonging to the worker left on desks or inside lockers is hereby excluded. This is why in case of coworking contract the use of a name badge to access the premises is strongly recommended in order to identify who enters the premises and when. Said method protects both the lessor and the users.
