LABOUR – The Tribunal of Trieste on smart working and fragile workers

On 21 December 2023, the Tribunal of Trieste ruled that the right to “agile work” of “fragile” workers must be balanced with the company’s organisational needs. Notably, the case brought before the court was that of a fragile female worker who, by virtue of the emergency protections granted by the legislature, requested to exercise her right to work entirely on a smart working basis due to the alleged compatibility of her assigned duties with agile working. However, the court found that the employer’s request for the plaintiff to work in the workplace for 3 days a week was reasonable, assessing the employer’s needs as “concrete and logically congruous”. The appeal was therefore dismissed.

Newsletter n. 92 – January 2024