With the end of April, the exceptional agile work regime derived from the pandemic period ends. In fact, on March 31, 2024, the last extension for parents of children under 14 and frail workers in the private sector expired. Therefore, we return to the ordinary rules (Law 81/2017) that require an agreement between the parties.
Moreover, the rule in question assigns priority access to smart working to requests made by workers with children up to 12 years of age, or without any age limit in the case of children with disabilities, workers with disabilities in a situation of ascertained seriousness (Article 18 paragraph 3a) and older workers (over 65) in accordance with Article 5 of Legislative Decree 29/2024.
This is not a right, but a priority in case the company introduces agile work in the company (through internal regulations and/or union agreement and individual agreements). Theoretically, therefore, there is no absolute obligation to grant agile work to workers falling into the above categories. However, attention must be paid to possible indirect consequences of refusing to activate smart working that may impact processes and certifications (e.g., certification of gender equality and access to contribution bonuses or national calls) or treatment that may be considered unjustified (with compensatory liability) or discriminatory.