Italy Update: Smart Working: What Changes From 1 October 2023

Decree Law of 04/05/2023 – n. 48 Art. 28bis (converted into law n. 85/2023)

On 30 September 2023, the employer’s obligation to ensure smart working will cease only for those workers classified as “super fragile”, i.e. those suffering from chronic diseases with poor clinical response and a particular severity as identified by the decree of the Ministry of Health of 4 February 2022 (these are patients undergoing transplants or waiting for transplant, patients with oncological pathologies treated with immunosuppressive drugs and patients with primary immunodeficiencies). “Super fragile” workers are those who have received certification of their condition directly from the general practitioner (see art. 28-bis of law 85/2023 which amended art.1, paragraph 306, l. 197/2022).

For so-called fragile workers, i.e. those with a greater risk of contagion from Covid-19 due to age or a risk condition deriving from oncological diseases, life-saving therapies, immunodepression or comorbidity and whose condition of fragility has been certified by the competent doctor, the right to smart working, where compatible with their work performance, It will remain until 31 December 2023 (see art. article 42, paragraph 3-bis l. 85/2923 which modifies art. 10, paragraph 2, d.l. 24/2022 – similar provision also concerns parents of children under 14).

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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