LABOUR | Smart working: written information as fulfilment of health and safety obligations

On 7 April 2026, Law No. 34 of 11 March 2026 entered into force, introducing new provisions on smart working within the framework of the annual law on small and medium-sized enterprises. Article 11 amends Legislative Decree No. 81 of 9 April 2008 by establishing that, where work is performed in environments not under the employer’s legal control, health and safety obligations – particularly those relating to display screen equipment – are deemed fulfilled through the delivery of a written information notice. Such notice must be provided at least annually to both the employee and the Workers’ Safety Representative (RLS), or the territorial representative (RLST) where no internal RLS is appointed, and must identify the general and specific risks associated with remote working. The obligation applies to all employers, regardless of size. Failure to deliver the information notice triggers the criminal sanctions set out under Article 55 Legislative Decree No. 81 of 9 April 2008, namely arrest from two to four months or a fine ranging from Euro 1,708.61 to Euro 7,403.96. The provision is directly applicable, requiring employers to ensure compliance and retain evidence of delivery.

Newsletter n. 117 – April 2026