Remote working: main changes for 2023

Remote working proved to be widely used tool during the Covid-19 pandemic, to comply with interpersonal distancing practices and protect “at-risk” employees.

Once the emergency, which ensured a simplified method to access agile working, ended on 31 December 2022, the ordinary regulation under Art. 18, of Law no. 81/2017 applied.

From 1 January 2023, stipulating an individual agile working agreement with each worker covered by the related provisions is mandatory.

Agile working and individual agreements

After an Agile working agreement between worker and employer has been made, work is organised by cycles and objectives, without precise constraints on the workplace or working hours, but following the rest periods under Legislative Decree no. 66/2003.

The agile working agreement must be in writing and contain the following elements:

• the service performance method;
• the performance monitoring methods carried out by the employer;
• rest and right to “disconnect”;
• Validity period, which may be fixed-term or open-ended.

Workers who are parents, disabled or caregivers

“Simplified” agile working ending had consequences for those who have children and at-risk workers. The deadline for workers with children under 14 years who performed agile working without an individual agreement expired on 31 December 2022. Workers with the illnesses set out in the Ministerial Decree of 4 February 2022 and classified as “at-risk”, can carry out agile working in “emergency” mode, i.e., without an individual agreement, until 31 March 2023.

The ordinary regime allows the following categories of workers to have priority in accessing agile working:

1. workers with children up to 12 years;
2. workers with children (without age limit) with disabilities under Law. no. 104/1992;
3. severely disabled workers under Law. no. 104/1992;
4. “caregivers”;
5. those who benefit from leave under Law. no. 104/1992.

Compulsory reporting methods and deadlines

The names of workers under agile working must be reported within five days of signing the agreement, via the cliclavoro.gov.it platform. The Ministry of Labour and Social Policies provided a new procedure for mass submission, through an Excel file made available on the platform.

Failure to submit the report or late submission will result in administrative penalties against the employer.

The mandatory report for at-risk workers carrying out agile working without an individual agreement with a deadline by 31 March 2023, will be sent in “simplified” mode by 31 January 2023. After this date, the ordinary mode will be required.