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Smart working 2023: New rules in place.

Published in: Employment law
by Antonella Marmo
Home > Smart working 2023: New rules in place.

Under the Italian Budget Law of 2023, simplified smart working will no longer be a viable option for all workers.

In this article we will discuss:

Smart working legislation in 2023

While the emergency period due to Covid ended on March 31, 2022, it has remained possible through the end of 2022 for the private sector to resort to smart working without the individual agreement between employer and employee and thus still under a simplified regulation.

As of January 1, 2023, however, pre-pandemic laws become effective again.

As a result, employees who wish to take advantage of the ability to work remotely in 2023 must sign an individual agreement with the employer.

Extension to March 31, 2023 for vulnerable workers

The Budget Law however includes a significant time extension: workers considered as vulnerable will be able to continue working in smart mode until March 31, 2023.

In other words, workers with severe disabilities or certification attesting to a risk condition resulting from immunodepression or outcomes of oncological diseases will be able to continue working remotely without the need for specific agreement with their employer.

The rule allows that smart working can be performed “also through the assignment to a different task included in the same category or area of classification, as defined by the collective agreements in force, without any reduction in the pay”.

On the other hand, the right to flexible work for workers-parents with children under 14 is not covered. This category of workers will indeed have to stipulate, like other workers, from 2023, an agreement that provides for the possibility of using it, so as to make it clear that it is a choice agreed and shared with the employer.

Who is eligible for smart working?

As a general rule, apart from vulnerable categories, there are no categories of workers who can claim the right to smart working.

According to the principles set forth in Legislative Decree 105/2022, in regulating work-life balance measures, when granting smart working, the employer must give priority to employees:

  • who have children up to 12 years of age or who are disabled;
  • affected by disabilities;
  • caregivers, i.e., caring for family members who need assistance.

Except for these categories, employees cannot expect to work remotely, nor can the company in any way unilaterally impose it.

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Publication date: 17 January 2023

Antonella Marmo

Avvocato dello studio legale Canella Camaiora, iscritta all’Ordine di Milano, si occupa di Diritto Commerciale e del Lavoro.
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