Smart working

Smart working is regulated by Italian Law No. 81 of 2017 and, in particular, Article 18 defines it as a mode of performing the employment relationship without specifics constraints as to time or place. Indeed, the work is performed partly inside the company premises and partly outside them, without a fixed workstation and only up to the maximum daily and weekly working hours.

The employee may perform smart working provided if it has been specifically agreed with the employer; indeed, the manner in which smart working is performed is to be freely negotiated by the parties, subject to some regulatory conditions and standards.

Pursuant to Article 23(1) of Italian Law No. 81 of May 22, 2017, the employer must electronically notify the Italian Ministry of Labor and Social Policy of all the names of employees in ‘smart working’ and all related details through the special platform ‘Labor Services’(Servizi Lavoro).

The notice must be sent within five days after the start of smart working or, in case of extension, from the last day communicated prior to the extension of the period.

Failure to notify is subject to an administrative penalty ranging from EUR 100 to EUR 500 for each employee, as regulated by Article 19(3) of Italian Legislative Decree No. 276 of September 10, 2003.