planning ability. “Smart working” is not so much a toll to achieve good work - life balance, but rather a time of passage from a collective dimension to an individual one in the corporate setting, with a different meaning of employment and, especially, with bargaining on how jobs are to be done. Consistently with the uncontainable success of new IT and digital developments, the process of each company and of many public institutions has changed, with an increase in the number and importance of functions that can be performed anywhere and, therefore, with dematerialization not so much of collaboration, but rather of its preconditions, in line with a well - established trend14. For those who love tradition and are attached to the twentieth century concept of work (possibly due to their age and lack of familiarity with the latest resources), these changes herald the risk of a solipsistic attitude, of progressive isolation from fruitful human interaction and of a productivist view of work, seeking immediate and measurable results, becoming estranged from not only long - lasting and dialectical relationships with colleagues and bosses, but also from the work environment itself, which may be oppressive, but (hopefully) also an opportunity for critical thinking15. III. THE CONCEPT OF VACATION AND THE PRINCIPLE OF PREVALENCE TO CONFIRM THEIR ENJOYMENT Although this practice has always been more widespread than it seems at first glance, albeit in a less sophisticated technical scenario and without the present online connection systems, working during vacations poses the first problem, i. e. to determine when vacations may be deemed enjoyed despite part of the time having been dedicated to work, and the solution to this doubt will lead also to making the two terms of the “workation” oxymoron compatible. At least in the advertising material of several vacation destinations, this question is ignored, for obvious promotional reasons, while it is decisive in order to determine whether the days engaged in this combination of work and leisure may be deemed days off, in accordance with the model proposed by the European Union16. Having said that workers are free to spend their annual leave how and 14 See: Occhino, Il lavoro e i suoi luoghi, Milan, 2018, 125 ff.. 15 See: Corso, Sfide e prospettive della rivoluzione digitale, lo smart working, in Dir. rel. ind., 2017, 979 ff.. 16 See European Court of Justice, Grand Chamber, 24 January 2012, Case no. 282/2010, Maribel Dominguez v. Centre informatique du Centre ouest atlantique, place mentioned above. 104 ENRICO GRAGNOLI
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