Smart Working Agreements in Italy: What the Written Contract Must Cover

If you hire in Italy and want your team to work remotely, you cannot rely on a Slack message or an offer letter clause. Italian law treats remote work, called lavoro agile or smart working, as a formal arrangement. It needs a written agreement between employer and employee.

This guide explains what that agreement covers and why it matters.

What lavoro agile means  

Lavoro agile is a way of performing an employment relationship. Part of the work happens outside the company premises. The employee is not tied to a fixed workplace for that part. Work is organized by phases, cycles and objectives, not by strict physical presence.

It is not a separate type of employment. The employee keeps the same contract, the same pay rules and the same rights as colleagues who work on site. The agreement only sets how the remote part works.

This is different from classic telework, where the employee works from a fixed remote location. Lavoro agile is more flexible. That flexibility is exactly why the rules need to be written down.

Why the written agreement is required  

The agreement is not a courtesy. Italian law requires it for administrative purposes and for proof. In practice it does several jobs.

• It shows that both sides agreed to the arrangement.
• It defines the limits of the employer’s control over a worker who is out of sight.
• It supports the mandatory communication to the authorities about the remote work arrangement.
• It protects you in a dispute about hours, tools, safety or discipline.

Without a clear document, you carry the risk. If a claim arises, you will have little to show on what was agreed. A US-style remote work policy is usually not enough, because it does not address the points Italian law expects.

What the agreement covers  

How the work is performed outside the premises  

The agreement must describe how work is done away from the office. This includes which activities can be done remotely, how the employee reports in and how the employer directs the work. It also covers the use of technology for the job.

The employer’s power of control  

In Italy, monitoring employees is limited. The agreement must state how the employer exercises supervision over remote work. It must also respect the rules on remote control of workers. If you plan to use monitoring software, check this point first. Vague wording here creates risk.

Disciplinary conduct  

The agreement identifies behaviors outside the premises that may lead to disciplinary action. This gives the employee notice of the rules. It also gives you a clear basis if you ever need to act.

Working tools  

Specify who provides the laptop, phone and other equipment. State who pays for maintenance and who is responsible for security. If the employee uses personal devices, say so and set the conditions.

Rest time and the right to disconnect  

The agreement must set the employee’s rest periods. It must also set the technical and organizational measures that make disconnection from work devices possible. This is a core feature of Italian remote work. A team that expects replies at all hours will conflict with it.

If your headquarters is in the US and your clients are there too, plan for this. Define windows of availability and escalation rules in the agreement itself.

Duration and ending the arrangement  

The agreement can be open-ended or for a fixed period. It must also set the notice needed to end the remote arrangement. Rules on withdrawal are stricter in some cases, such as for employees with disabilities. Do not copy a generic template here.

Health and safety  

The employer stays responsible for safe working conditions. The employer must give the employee, in writing, information on the risks tied to working outside the premises. The employee must cooperate in applying the prevention measures. Include this information with the agreement.

Equal treatment  

A remote employee must receive treatment no worse than colleagues doing the same work on site. This covers pay under the applicable collective agreement. It also covers training and career opportunities. Do not set lower terms because someone works from home.

Common mistakes US teams make  

• Treating remote work as a perk that can be granted by email.
• Using one global remote policy for every country.
• Skipping the right to disconnect.
• Adding monitoring tools without checking the limits on remote control.
• Forgetting to give the written safety information.
• Not filing the required communication to the authorities.

Practical steps  

1. Decide which roles can work remotely and how often.
2. Draft the agreement in Italian, with an English reference version for your team.
3. Align it with the applicable collective agreement for the role.
4. Set clear availability windows and disconnection rules.
5. Define equipment and cost responsibilities.
6. Hand over the safety information in writing.
7. File the required communication and keep proof.

If you hire through an Employer of Record (EOR), the EOR is the legal employer in Italy. It prepares the agreement, files the communication and keeps the paperwork current. You direct the daily work. The EOR handles the formal side.

Bottom line  

A smart-working agreement is a legal requirement and a risk tool. It sets what remote work looks like, protects the employee’s rest and protects you in a dispute. Write it before the first remote day, not after a problem appears.

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