Categories: Insights, Publications · News, Publications

Tag: Covid-19, Remote working, smart working


25 Oct 2021

Remote working and returning to work: post-emergency considerations (Il Quotidiano del lavoro of Il Sole 24 Ore, 25 October 2021 – Vittorio De Luca)

Remote working has exponentially increased due to the Covid-19 health emergency that started in 2020.

The advantages and potential of this work method, forcibly experienced at a mass level during the pandemic, oriented many companies towards a new “hybrid” organisation that combines in-person and remote work.

Many companies have applied a more flexible organisation that allows workers to choose when to work in-person or remotely, making their space and time boundaries more fluid.

Considering the complex emergent regulatory framework, proper remote working conduct in the post-pandemic era becomes crucial. It needs to be understood that “remote” working does not mean working “from home.” Remote working, as defined by Chapter II of Law no. 81/2017 is a specific and flexible way of organising employment, independent of the workplace and time, and established by agreement between the parties. Under Art. 18, paragraph 1 of the above law, the employee works partly inside the company’s premises and partly outside, without a fixed location.

Remote working requires a fixed term or open-ended agreement between the employer and employee to regulate essential aspects, such as: (i) the forms of exercise of the employer’s executive and control powers; (ii) the worker’s rest time and the technical and organisational measures necessary to ensure the worker’s right to disconnection from the technological work tools; (iii) any conduct that may be sanctioned at a disciplinary level and, (iv) any right to lifelong learning.

Last year’s emergency legislation has led to a partial derogation from the ordinary rules by introducing a “simplified” method to access remote working. Under this method, remote working can be implemented without an individual worker agreement by sending an electronic communication to the Ministry of Labour and Social Policy with the workers’ names and remote working termination date.

The regulations include obligations to provide information on occupational health and safety risks under art. 22 of Law no. 81/2017 which may be fulfilled electronically. Currently, private employers can use simplified remote working until 31 December 2021 under Law no. 87/2021 converting into law Decree-Law no. 52/2021 ( Reopening Decree).

Please note that the “emergency” remote working regulations have led to a derogation – which is close to expiry. This derogation applies to the agreement between the parties, and does mean losing the need to regulate and guarantee a series of aspects that are naturally governed in the agreement. Specifically these include “work performance”, “forms of exercise of the employer’s  executive power, “tools used by the worker”; “worker’s rest time”; “technical and organisational measures necessary to ensure the worker’s disconnection from the work technological tools”; “right to lifelong learning”; “exercise of the employer’s control power”; “conduct connected with the work performance…, which give rise to the application of disciplinary sanctions” (art. 18, 19, 20 and 21 L no. 81/2017).

Continue reading the full version published on Il Quotidiano del Lavoro of Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…