Italy: several courts rule on emergency-related smart working cases and specifically on the compatibility of tasks with remote working

Since the start of the Covid-19 health crisis, Italy’s Conte government has recommended and facilitated smart working, including via derogations from Law No. 81 /2019 (c.f. article No. 10206) which regulates this form of working arrangement. A new step was taken in May when a recognised right to agile working was instituted for some employees, under the proviso that their tasks do not require their presence in the workplace. However, the lack of clearly defined implementation rules has fuelled litigation cases, and several courts have been addressing one of the main problems, which is how to determine whether or not an employee's tasks are indeed compatible with remote working. This issue will need further consideration as the government and social partners are reviewing a possible amendment to the 2017 law.