De Luca & Partners

Remote work: health and safety in the workplace

With the main goal of balancing private life and work, DDL 2233-B has been approved in its final version, which, in fact, governs the so-called remote work, that is the type of work performed outside of the employer’s premises and without specific requirements in terms of working hours. The intrinsic characteristics of remote work clearly imply a lower level of monitoring by the employer; this also applies to those elements that may have an impact on the health and safety of the worker. As a result, and without prejudice to the fact that the employer remains responsible for the health and safety of the worker, the law-maker established that the employer shall provide the worker and to the Workers’ representative, at least once a year, with a written information notice detailing the general and specific risks connected to performing a specific type of work while employed by the employer. On the other hand, the employer is made aware and becomes liable since he/she is expressly obligated to cooperate in implementing the preventive measures established by the employer to face the risks connected to the performance of the duties outside the workplace. However, the aforementioned requirements do not void the liability of the employer to guarantee the worker’s health and safety. In fact, unless exceptions are applied, please note that the employer must also follow the regulations established in the Consolidated Law on Safety (Legislative Decree 81/2008) applicable to the specific matters that characterise remote work.

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