In Brief (TL;DR)
Italian law protects smart working employees through a series of specific rights and duties, ranging from workplace safety to the fundamental right to disconnect.
From equal treatment to the right to disconnect, the law sets clear boundaries to protect remote workers.
From equal pay to the right to disconnect, regulations define specific protections for those who work remotely.
The devil is in the details. 👇 Keep reading to discover the critical steps and practical tips to avoid mistakes.
Smart working, or agile work, has evolved from an emergency solution to a structured and increasingly widespread work model in the Italian landscape. This evolution, accelerated by the pandemic, represents a meeting point between the Mediterranean work tradition and the drive for innovation, offering flexibility and new opportunities. However, to navigate this new world of work safely, it is crucial to have a thorough understanding of the rights and duties established by law. Understanding the regulatory framework is not just a protection, but the foundation for building a balanced, productive, and satisfying working relationship for both the employee and the company.
Italian legislation, with Law no. 81/2017 as its cornerstone, has outlined a model that seeks to balance autonomy and protection. This article offers a comprehensive guide to navigating the rules of agile work, from the individual agreement to the right to disconnect, to aspects related to safety and equal treatment. The goal is to provide workers and employers with the tools to fully reap the benefits of smart working, turning a necessity into a real driver of growth and well-being.
What Smart Working Means Under Italian Law
Italian law defines smart working, or “lavoro agile” (agile work), as a specific way of carrying out a subordinate employment relationship. Its main feature, established by Law no. 81/2017, is the absence of rigid constraints on working hours or location. The work is performed partly on company premises and partly externally, without a fixed workstation. This model is based on an organization by phases, cycles, and objectives, established through an agreement between the parties. It is important not to confuse smart working with teleworking, which implies a fixed workstation outside the company. Agile work, instead, promotes an organizational flexibility designed to increase productivity and foster a better work-life balance.
The Individual Agreement: The Cornerstone of Smart Working
The transition to smart working is not automatic but is based on an essential prerequisite: a written individual agreement between the employer and the employee. This document is the pillar that regulates agile work, and signing it is a legal requirement, the absence of which can lead to penalties. The agreement must precisely define several crucial elements for the proper conduct of the relationship. These include the duration (fixed-term or permanent), the arrangements for alternating between in-person and remote work, and the technological tools provided. Furthermore, it must regulate the employer’s power of control, always respecting the worker’s privacy, and the conduct that may lead to disciplinary sanctions. Finally, a key point is the definition of rest periods and the technical and organizational measures to ensure the right to disconnect.
The Fundamental Rights of the Agile Worker
Working in an agile mode does not mean having fewer protections. Italian law, in line with European principles, establishes a series of fundamental rights to ensure that the smart worker is not disadvantaged compared to colleagues who work on-site. These rights range from equal economic treatment to health protection, to guaranteeing a healthy work-life balance.
Right to Equal Treatment
One of the core principles of smart working is the right to equal treatment. The agile worker is entitled to economic and regulatory treatment no less favorable than that applied to colleagues performing the same tasks exclusively at the company. This means that salary, seniority-based pay increases, performance bonuses, and every other element of remuneration must be the same. This parity also extends to regulatory aspects, such as access to training, career opportunities, and company benefits, including meal vouchers, if provided for by collective bargaining. The goal is to prevent discrimination and ensure that flexibility does not result in a worsening of working conditions.
The Right to Disconnect: Between Work and Private Life
The right to disconnect is a crucial protection for the agile worker, whose boundary between professional and private life can become blurred. This right consists of the ability to not respond to work-related emails, calls, or messages outside of established working hours, without suffering negative consequences. Law 81/2017 and the National Protocol on agile work entrust the individual agreement with the task of defining the necessary technical and organizational measures to ensure disconnection. Establishing a “disconnection window” is essential to prevent stress and burnout, ensuring that rest periods are respected. It is a vital step in promoting a work culture based on results rather than constant availability, an aspect that can be improved with digital detox practices to increase productivity.
Health and Safety in Remote Work
Even when working from home, health and safety remain the employer’s responsibility. According to Legislative Decree 81/08, the employer must guarantee the same protection provided to those working on company premises. One of the main obligations is to provide the worker and the Workers’ Safety Representative (RLS) with written information, at least once a year, on the general and specific risks associated with agile work. The worker, in turn, has a duty to cooperate in implementing preventive measures. This includes adopting an ergonomic workstation to prevent musculoskeletal disorders. Furthermore, the agile worker is entitled to full INAIL insurance coverage against accidents and occupational diseases, including ‘in itinere’ accidents (commuting accidents) that occur on the journey between home and the chosen workplace.
The Right to Training and Learning
Working remotely should not mean being isolated from professional growth paths. Agile workers have the same right to training as their in-person colleagues. The employer is required to guarantee access to continuous learning and updating opportunities to maintain and develop professional skills. This right is crucial to avoid creating internal divides within the company and to ensure that all employees, regardless of their work mode, can advance in their careers. Investing in reskilling and upskilling programs is a winning strategy for both the worker, who enhances their profile, and the company, which can rely on a team that is always qualified and up-to-date with market changes.
The Duties of the Smart Worker
The flexibility and autonomy granted by smart working come with specific duties for the worker. The first is the obligation of diligence and confidentiality. Even when remote, the employee must perform their duties with the same care and attention required in the office, protecting company data and information they access. Another fundamental duty concerns the proper use of work tools provided by the company, which must be used exclusively for professional activities. The worker also has an obligation to actively cooperate in implementing health and safety prevention measures, reporting any potential risks. Finally, data protection is a crucial aspect: it is the worker’s responsibility to follow company policies to ensure the security of information handled remotely.
Smart Working in Europe: A Comparison with Italy
In the European context, smart working is not regulated by a single directive but by a set of common principles and national regulations. Italy, with its legislation, is in an intermediate position, seeking to combine flexibility with solid protections for workers. Countries like Finland show much higher adoption rates of agile work compared to the EU average, highlighting a more established cultural approach. In Italy, however, there is a gap between large companies, which are more inclined to implement flexible work models, and SMEs, which are often more reluctant. Eurostat data from 2023 shows that the percentage of agile workers in Italy (4.4%) is lower than the European average (9%). This difference is not only regulatory but cultural: the challenge for the Italian market is to overcome the traditional culture of ‘presenteeism’ to embrace a model based on trust and achieving objectives—a true meeting of tradition and innovation.
Conclusions
Smart working represents a profound transformation of the world of work, an opportunity for innovation that must be governed by clear rules to fully express its potential. Italian legislation, centered on Law 81/2017 and the National Protocol, provides a solid foundation for ensuring a balance between flexibility and protection. Rights such as equal treatment, the right to disconnect, safety, and training are indispensable pillars that protect the agile worker. At the same time, duties like diligence and data protection ensure the model’s sustainability for companies. The key element remains the individual agreement, an essential tool for customizing rules and building a relationship based on trust and transparency. Looking to the future, the real challenge will be cultural: overcoming a mentality of control to embrace one of responsibility and results, making agile work not just ‘smart,’ but also fair and productive for everyone.
Frequently Asked Questions
No, smart working is always based on a voluntary agreement between you and your employer. Italian law (Law no. 81/2017) requires this work arrangement to be the result of an understanding formalized in a written individual agreement. Your refusal cannot be grounds for dismissal or disciplinary action. The agreement is crucial because it defines all aspects of agile work, such as duration, the alternation between office and remote work, hours, and the right to disconnect.
If you are injured while working from home, you are entitled to the same INAIL insurance coverage as those who work in the office. The important thing is that the accident occurred while you were performing your work duties. The law (Art. 23 of Law 81/2017) also extends coverage to accidents that happen during the commute from your home to the place you have chosen to work, if it’s different from your home. It is the employer’s duty to inform you about the specific risks associated with agile work and the preventive measures to be taken.
No, you do not have to be available at all times. You have the right to disconnect, which is the right not to respond to work-related emails, calls, or messages outside of your established working hours. This right is a fundamental measure to protect your rest time and prevent stress from hyper-connectivity. The individual smart working agreement must specify your rest times and the time slots in which you are expected to work, thus guaranteeing the right to disconnect.
As a rule, the employer must provide the necessary technological tools to work, such as a computer and software, also ensuring their security and maintenance. However, the individual agreement or collective bargaining may provide for different solutions. For example, you can agree to use the worker’s personal equipment in exchange for an allowance or expense reimbursement. If the employer does not provide the necessary tools, you can refuse to work in agile mode.
Yes, the law guarantees equal economic and regulatory treatment between agile workers and those who perform the same tasks at the company. This means you are entitled to the same salary, seniority-based pay increases, meal vouchers (if provided by the collective agreement), vacation, leave, and the same training and professional growth opportunities as your in-person colleagues.
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