Can I work in smart working?
Not as a general right: agile work is voluntary and agreed. Smart working (agile work, governed by Law 81/2017) is a way of performing employee work, partly outside company premises, based on an individual written agreement between company and worker: neither can the company impose it, nor can you demand it in general. There are, however, priorities and, in some cases, a right to request it: parents with children up to 14, fragile workers and caregivers (those assisting relatives with a serious disability) have a preferential lane, and the request can't be refused without reason. The agreement sets the tools, times and the right to disconnect; the agile worker has equal treatment compared to those on-site.
📋 The rules
- Agile work is voluntary: a written agreement is needed
- Neither imposed by the company nor demanded in general
- Priority/right to request it: parents under-14, fragile, caregivers
- Right to disconnect and equal treatment
- Tools, times and methods set in the agreement
🔓 Exceptions
- Fragile workers and caregivers: reinforced protections in certain periods
- Agreement reversible as agreed
- The collective agreement can improve the rules
⚠️ Penalties & fines
If the company imposes or revokes agile work unilaterally outside the agreed cases and methods, or doesn't recognise equal treatment and the right to disconnect, it breaches the rules and faces challenges and Inspectorate intervention. For the categories with a right/priority (parents under-14, fragile, caregivers), the unjustified refusal of the request is challengeable. Smart working also requires health and safety protection (risk information) and proper data handling. To get it, file the request highlighting any right/priority; the company must assess it in good faith and justify any refusal.
📎 Official sources
- Normattiva · Law 81/2017 (agile work) →
- Ministry of Labour · Agile work (smart working) →
- Labour Inspectorate · Health and safety in agile work →
❓ Frequently asked
Can I demand to work in smart working?
Not in general: agile work is voluntary and requires a written agreement between company and worker. But parents with children up to 14, fragile workers and caregivers have priority or a right to request it, and in these cases the request can't be refused without reason.
Can the company force me into smart working?
No. Just as you can't demand it, the company can't impose it unilaterally: an individual written agreement is needed. Revoking the agreement must also follow what was agreed. Imposing or revoking it outside the rules can be challenged.
Who has a right or priority to smart working?
Parents with children up to 14, workers in fragile conditions and caregivers assisting relatives with a serious disability. For these categories the request has a preferential lane and can't be rejected without a justified reason.
Do I have a right to disconnect after hours?
Yes. The agile-work rules recognise the right to disconnect: the company must respect your rest times and not require you to be available outside the agreed hours. Smart working can't turn into continuous availability.
Does smart working change my pay?
No. The agile worker has a right to equal treatment compared to those doing the same duties on-site: same pay, same rights and same protections. Working remotely can't entail a reduction of rights or of economic and regulatory treatment.
🔎 Common searches
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