Categories: Insights, Publications

Tag: Covid-19, diritto emergente, smart working


4 May 2020

Can we talk about emergent right to remote working? (Il Quotidiano del Lavoro de Il Sole 24 Ore, 4 May 2020 – Vittorio De Luca, Antonella Iacobellis)

The emergency measures issued by the Government to manage the pandemic emergency of Covid-19 have attributed, to all intents and purposes, to remote-working also the function of a contagion containment measure and consequently a means to protect workers’ health.

Remote-working, in fact, is a way of carrying out work activities that, while allowing them to continue, allows, by substantially reduction of the number of people entering and visiting the workplace, to limit contact between people and consequently also the risks of contagion.

Although it is true that it is not possible to state that the worker has a right to remote-working, it is equally true that it is not possible to state that the employer has a mere faculty to activate smart-working at the time of the COVID19.

On this point, Court of Grosseto, through the decision of April 23, 2020, that we will examine later, stated that: “In this context, the use of remote-working, governed in general by Law No 81 of 22 May 2017, has been considered a priority. For obvious reasons, this modality of work cannot, and could not, be imposed in a general and indiscriminate manner; nevertheless, it has been repeatedly and strongly recommended and even considered as an ordinary way of performing the service in the Public Administration. (see art. 87, D.L. 18/2020). In addition, pursuant to art. 39, para. 2, of Legislative Decree no. 18/2020, “workers in the private sector, suffering from serious and proven pathologies with reduced working capacity, have priority in performing remote work pursuant to articles 18 to 23 of the law of 22 May 2017,”.

The case originates from an emergency action pursuant to Article 700 of the Italian Criminal Code filed by a worker who claimed the right to trigger remote-working.

Read the full version of the article in Italian language here.

Source: Il Quotidiano del Lavoro

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

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…