Smart Working relevant legal framework enters into force

This law has introduced a new flexi remote-working scheme, called “Smart Working” in Italy (lavoro agile), which came into force as of 14 June 2017.

Smart working: approved by Law 81 - 22 May 2017.

What is smart working?

Smart working means that employees may work remotely provided they have adequate equipment and internet connection. It does not affect employees’ existing terms and conditions of employment, so does not trigger any kind of change to contractual level or remuneration.

Eligibility: who can use Smart Working?

All full time and part time employees are eligible for Smart Working. Participation is voluntary and if an employee wishes to use the Smart Working system then he/she must sign a separate Smart Working agreement (provided by the company) prior to commencing Smart Working.

Restrictions

The company may assess on a case by case basis whether Smart Working is feasible with the employee’s job profile.

The basics

Duration: the Smart Working arrangement can be permanent or for a fixed term. If permanent, 30 days’ prior notice must be given for withdrawal. If fixed term, withdrawal is only possible if there is a justified reason.

Availability: the employer and employee must agree on times when the employee will be disconnected from Smart Working.

Occupational health & safety:

  • at least once a year, employees should be provided information regarding general and specific risks connected with Smart Working
  • employees using Smart Working will continue to be subject to occupational health & safety coverage, and
  • any remote working arrangements already in force should not be affected - the employer may wish to revise/check them to make them consistent with these new provisions.

Top tips

Draft a policy:

  • this should clearly set out: the basic rules; eligibility; the need for a written agreement, and
  • the policy should also emphasize that normal rules on conduct apply as do disciplinary rules (including sanctions).

Comms: send out company-wide communications informing employees of Smart Working:

  • this should be in addition to the circulation of a specific policy.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.