Remote Working Legislation, Laws & Regulations in Italy

Laws, regulations and legal information related to working from home and remote work

  1. Is there any legislation relating to working from home in your country?
  2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?
  3. Can an employer force an employee to work from home?
  4. Can an employee force an employer to allow them to work remotely?
  5. Does an employer have to provide the employee with office equipment and supplies for remote work?
  6. Does a company have to reimburse an employee for expenses incurred while working from home?
  7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    
  8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?
  9. Are there any other specific obligations for the employer?
  10. Does an employee need to be insured to work from home?
  11. Is an employee working from home protected by legislation for work-related accidents and illnesses?
  12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)
  13. Are there any other specific obligations on the employee?
  14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?
  15. Any other comments?

1. Is there any legislation relating to working from home in your country?

Yes, the Italian Government has approved the Legislative Decree n. 81/2017.

2. How can working from home be implemented in a company (e.g. through collective bargaining agreements, a unilateral decision, employment contracts)?

Usually, working from home is agreed between employer and employee. The employer can also adopt a general broad policy to which the employees can adhere. 

3. Can an employer force an employee to work from home?

No.

4. Can an employee force an employer to allow them to work remotely?

No. However, employees with a child of less than 14 years of age and employees with serious health conditions can currently decide to work remotely without their employer’s say-so. This provision is set to expire on 30 June 2023, but, as in the past,  it is likely to be extended again.  

5. Does an employer have to provide the employee with office equipment and supplies for remote work?

Not necessarily.

6. Does a company have to reimburse an employee for expenses incurred while working from home?

No, unless the employment agreement provides for the reimbursement of the expenses.

7. Does an employer have to grant an employee a specific allowance for working from home? If so, under what conditions does an employer not have to pay such an allowance?    

No.

8. For employees who work remotely, is the employer responsible for ensuring proper working conditions from a health and safety perspective?

Yes. The employer has to provide information on H&S (e.g. concerning the risk connected to the using a PC and electric cables).

9. Are there any other specific obligations for the employer?

No.

10. Does an employee need to be insured to work from home?

Yes. 

Yes if the accident or the illness is connected to his/her work activity.

12. Is an employer permitted to charge its employees a “reimbursement for working from home” for costs saved? (Saved expenses could include the employee’s reduced costs for transportation, petrol, lunches in restaurants and dry-cleaning charges for office attire)

This depends on the negotiation with the employee before signing the agreement to work from home.

13. Are there any other specific obligations on the employee?

No.

14. Have there been any legislative changes, or updates to immigration rules, designed to encourage short-term remote working in your country (compared to the rules normally found in other countries)?

No.

15. Any other comments?

Employers have to grant the same treatment to an employee working from home as one working in the office with the same duties.