Italy Update: News on smart working

Conversion Law of the Aid Decree Bis (Law no. 142/2022) published in the Official Gazette no. 221 of 21 September 2022

Among the innovations definitively approved with the conversion into law of the Aid Decree Bis, there is the extension, until 31 December 2022, of a series of measures on the subject of agile work

• Extension of smart working for fragile workers

During the conversion into law of the Aid Decree bis was introduced art. 23-bis, which provides, in paragraph 1, the extension, until 31 December 2022, of the protections against fragile workers (compared to the previous deadline of 30 June 2022).

Until the end of the year, therefore, workers in possession of certification issued by the competent medico-legal bodies, attesting to a risk deriving from:

• immunodepression;
• outcomes of oncological pathologies;
• carrying out life-saving therapies;

including workers with severe disabilities (pursuant to Law no. 104/1992), normally perform the work in agile mode.

• Smart working extension for parents of children under 14

Art. 23-bis, in paragraph 2, the extension, until 31 December 2022, of smart working for the benefit of working parents with children under 14 years of age (compared to the previous deadline of 31 July 2022) has been inserted.

Therefore, until the end of the year, employed parents in the private sector, with at least one child under the age of 14, provided that:

• in the household there is no other parent benefiting from income support instruments, in the event of suspension or cessation of work;
• there is no non-working parent;

have the right to perform the service in an agile manner, even in the absence of individual agreements.

• Simplified smart working extension

Art. 25-bis, the extension for workers in the private sector, until 31 December 2022 (compared to the deadline of last 31 August) of the measures on the use of so-called “simplified” agile work has been envisaged.

The possibility of resorting to smart working even in the absence of an individual agreement between the company and the worker extends until the end of the year.

It is also granted the possibility of fulfilling the information obligations regarding risks to health and safety electronically.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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