LEGISLATIVE UPDATE | Decree-Law no. 145/2023 conversion process
During November 2023, Parliament considered and extended temporary smart-working measures for specified categories, including parents of younger children in the private sector.
These temporary rights operated alongside Law no. 81/2017, which governs ordinary agile work through an individual agreement and mandatory communications. The emergency simplifications did not permanently replace the ordinary framework.
Foreign employers may allow informal home working through a global policy, but Italian law requires attention to the written agreement, health and safety, working time, data security and the right to disconnect.
Employers should distinguish statutory temporary entitlements from discretionary remote work and use an Italian agreement for the continuing arrangement. Policies should also state that remote work does not change the employing entity or habitual place without prior approval.