What is a smart working agreement?
A smart working agreement (accordo di lavoro agile) is the written agreement an Italian employer and employee sign so the employee can work partly outside the employer’s premises, without a fixed workplace or fixed hours, under Law 81/2017. Smart working is a way of carrying out ordinary employment, not a separate type of contract.
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Schedule a strategy callWhat the agreement must cover
The agreement must be in writing and set out how work is done outside the premises, including the employer’s power to direct and monitor it, the tools the employee uses, rest periods, and the technical and organisational measures that protect the employee’s right to disconnect. It must also identify the conduct outside the premises that can lead to disciplinary action.
Duration, equal treatment and safety
The agreement can be for a fixed or an indefinite term. Either side can end an open-ended agreement with at least 30 days’ notice, or 90 days when the employer withdraws from an agreement with a disabled worker, and without notice for a justified reason.
Smart workers are entitled to the same treatment as colleagues doing the same work on site. The employer is responsible for the safety of the tools it provides, and INAIL insurance covers accidents outside the premises and on the way between home and the chosen workplace.
Notifying the Ministry of Labour
Since 1 September 2022, private employers send the Ministry of Labour each smart worker’s name and the start and end dates of the arrangement within 5 days of it starting or being extended, through the Ministry’s online services. The agreement itself is not attached but must be kept for 5 years, and a missed notice is fined under the same rules as other mandatory communications.
Employers must give priority to smart working requests from parents of children up to 12, parents of children with severe disabilities, workers with severe disabilities and caregivers.
Smart working when you hire through an EOR
With TopSource as your Employer of Record in Italy, we draft the smart working agreement with the employment contract and send the Ministry notification on time, so remote and hybrid hires are compliant from the start.
Frequently asked questions
Do employees in Italy need a written agreement to work remotely?
Yes, for smart working under Law 81/2017. The agreement must be in writing, and the employer keeps it for five years.
When must smart working be notified to the Ministry of Labour?
Within 5 days of the start or extension for private employers, by sending the worker’s name and the start and end dates.
Who has priority for smart working in Italy?
Parents of children up to 12, parents of children with severe disabilities, workers with severe disabilities and caregivers.
Related terms in Italy
- Comunicazione Obbligatoria (Italy)
- Libro Unico del Lavoro (Italy)
- ROL and Ex-Festività Permits (Italy)
- Patto di Non Concorrenza (Italy)
- Employee Categories (Italy)
- Mandatory Disability Hiring Quota (Italy)
- Cassa Integrazione (Italy)
- Decreto Flussi and Nulla Osta (Italy)
- Welfare Aziendale (Italy)
- F24 Payment Form (Italy)
- UniEmens (Italy)