The new rules for smart working come into effect today, particularly concerning the safety of remote workers, but this time companies face fines of up to 7,500 euros if they do not comply. These rules were actually already known, but now take on different connotations due to the sanctions.
WHAT THE REGULATION PROVIDES
The novelty was introduced by the annual law on SMEs (Law 34/2026), implementing an obligation already provided for by Law 81/2017 which regulates self-employment and introduces agile work (articles 18-23). The motivation for the new regulatory intervention is the observation that, despite new widespread work methods decentralizing work and making the central office marginal, the worker continues to be fully protected by the rules of subordinate work, also in terms of safety and even where the employer’s control is lacking.
OBLIGATIONS OF EMPLOYERS
The main novelty concerns the sanctions imposed on employers who do not comply: from today, April 7, companies are required to send in writing to workers in smart working and to the person responsible for personnel safety the safety information regarding obligations in the field of health and safety at work. The information must necessarily be sent in writing and at least annually. But workers will also have specific duties, primarily the obligation to adopt responsible behaviors, protect their own health, and adhere to the instructions received from the company.
THE SANCTIONS
For companies that do not comply and do not deliver the written information, fines ranging from 1,708.61 to 7,403.96 euros and imprisonment from two to four months are provided.
THE INFORMATION FOR EMPLOYEES IN SMART WORKING
The information sent to employees working in smart working must indicate the general and specific risks connected to the agile work mode, particularly regarding the use of video terminals and related risks such as visual fatigue, postural problems, physical and mental fatigue, and ergonomic and environmental hygiene conditions. When the worker uses their own devices, the employer must verify and require that such equipment meets the legal requirements for the use of work equipment. Employees must be specifically trained on the risks, both the more general ones and those specifically related to the agile mode, and may, if necessary, be subjected to health surveillance (medical examination).
