Categories: Insights, Publications · News, Publications

Tag: Mansioni, smart working


1 Feb 2021

The right to remote working and the assessment of task compatibility (Il Quotidiano del lavoro of Il Sole 24 Ore, 1 February 2021 – Alberto De Luca, Alessandra Zilla)

The Court of Rome, with its recent ruling no. 5961 of 21 January 2021, addresses the limits and conditions for the use of remote working. In the current emergency framework, access to remote working has been made flexible for the majority of workers. This included a significant reduction in the number of formal procedures.

In addition to an approach oriented towards remote working during the state of emergency, in some cases there is the right for some workers to provide services remotely and, conversely, the obligation of their employers to receive them using these methods. This is included in the “Cura Italia” (Cure Italy) decree which recognises the right of disabled workers or those who have a disabled person in their household to work remotely (art. 39 of Decree Law 18/2020, converted, with amendments, by Law 126/2020 24 April 2020 no. 27).

In this case, the right is conditional on the compatibility between the duties and remote work. Under this regulatory framework, the Court of Rome was called upon to express an urgent opinion on the case of an employee of a company who, after a long period of absence for various reasons and recently being assigned duties of corporate compliance officer (not yet started due to the continuous absences), asked to perform her duties under the remote working regime as she had to take care of a disabled relative. She was denied this by her employer.

Continue reading the full version published in ll 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

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…